Domain: tiger-web1.srvr.media3.us Facts from district attorney (Georgia shooting) | Page 4 | O-T Lounge
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re: Facts from district attorney (Georgia shooting)

Posted on 5/9/20 at 11:03 am to
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27940 posts
Posted on 5/9/20 at 11:03 am to
For those that didn’t read the link, here is the basic argument made in the report:

1. There was solid first-hand probable cause to pursue a burglary suspect and hold him there until the police arrived. He says that is legal in Georgia and cites the law.

2. Georgia is a open-carry state, and it’s perfectly legal for them to openly carry their firearms. He cites the law.

3. Aubrey initiated the fight and attempted to forcibly take the shotgun. He says at that point, it is legal to use deadly force. And he cites the law.

————————————————————-

I think the issue here, like with the Trayvon Martin case, is that Aubrey initiated the fight. I can understand why he did, but I’m just saying that’s why self-defense is in play here.
This post was edited on 5/9/20 at 11:08 am
Posted by Cold Drink
Member since Mar 2016
3482 posts
Posted on 5/9/20 at 11:04 am to
quote:

#3 is going to make this a tricky case. anyone who thinks this is open and shut is a moron, and that seems to be most of you.


If this is a “tricky case,” then basically everyone currently in jail for murder should be released and retried under this new standard.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298305 posts
Posted on 5/9/20 at 11:06 am to
quote:

If this is a “tricky case,” then basically everyone currently in jail for murder should be released and retried under this new standard.


You seem emotionally involved.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40688 posts
Posted on 5/9/20 at 11:06 am to
quote:

There was solid first-hand probable cause to pursue a burglary suspect and hold him there until the police arrived. He says that is legal in Georgia and cites the law.



Except this is incorrect according to the suspects
Posted by Methuselah
On da Riva
Member since Jan 2005
23350 posts
Posted on 5/9/20 at 11:06 am to
The first thing that strikes me about that letter is that it is neither dated nor signed. I guess the not signing part could be somehow explained if he transmitted it electronically (but even then he could have printed it, signed it and scanned it), but why would someone not date a letter in such an important matter?
Posted by dinosaur
Louisiana
Member since Aug 2007
1159 posts
Posted on 5/9/20 at 11:07 am to
A recusal does not alone indicate bias. While the short video is evidence it hopefully is not all of the evidence. Let’s let a jury see and hear everything before we jump to a conclusion of guilt or innocence largely influenced by our own biases. We know better than to try a case in the newspapers, trying a case on the internet is worse.
Posted by FAP SAM
Member since Sep 2014
3244 posts
Posted on 5/9/20 at 11:08 am to
quote:

Those are reasonable enough arguments against a murder charge and I'm sure their defense attorney can make those arguments during their murder trial.

the DA that had to recuse herself should not be giving her opinion on her friend's case. Nobody would care if this was their defense attorney's statement. She's obviously trying to sway public opinion in favor of the suspect
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298305 posts
Posted on 5/9/20 at 11:11 am to
quote:

I think the issue here, like with the Trayvon Martin case, is that Aubrey initiated the fight


I believe these two are nothing alike. Apparently Trayvon approached Zimmerman and initiated contact, in this case the two wannabe Matt Dillons forced the confrontation.

The victim reaching for the gun appears to be self defense here.
Posted by Eternally Undefeated
Member since Aug 2008
935 posts
Posted on 5/9/20 at 11:14 am to
quote:

If I bring a gun to a fistfight, I can absolutely use the gun IF at some point if I feel my life is in danger.


They didn't take a gun to fistfight. They took their guns to confront someone who was running along the road. It's pretty significant boot-strapping to contend that I can shoot you because after I aimed a gun at you for no reason, you tried to take it away from me.

Posted by Lonnie Utah
Utah!
Member since Jul 2012
33970 posts
Posted on 5/9/20 at 11:19 am to
quote:

2. Georgia is a open-carry state, and it’s perfectly legal for them to openly carry their firearms. He cites the law.


While it's legal to carry a firearm in Georgia, it's ILLEGAL to point or aim the firearm at another person.

§ 16-11-102 - Pointing or aiming gun or pistol at another

quote:

16-11-102. Pointing or aiming gun or pistol at another


A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.


Any other questions?
Posted by BigBrod81
Houma
Member since Sep 2010
22918 posts
Posted on 5/9/20 at 11:24 am to
quote:

The point is this DA is biased and had to recuse herself. The police wanted to arrest these dudes and she told them not to. Any statement she makes should be viewed as a biased report that is attempting to clear her friend


The D.A. (Jackie Johnson) who made the police stand down & not arrest the McMichael's, is not the same D.A. who made this statement that is linked in the OP. (George Barnhill) Greg McMichael had previously worked for both of these D.A.'s.
Posted by FAP SAM
Member since Sep 2014
3244 posts
Posted on 5/9/20 at 11:28 am to
quote:

The D.A. (Jackie Johnson) who made the police stand down & not arrest the McMichael's, is not the same D.A. who made this statement that is linked in the OP. (George Barnhill) Greg McMichael had previously worked for both of these D.A.'s.

My mistake

But my point still stands, if you had to recuse yourself you should not be releasing statements of your opinion on the "facts" of the case
Posted by Ed Osteen
Member since Oct 2007
59118 posts
Posted on 5/9/20 at 11:29 am to
quote:

anyone who thinks this is open and shut is a moron, and that seems to be most of you.


What’s the rules for shooting the person in the street you are performing a citizens arrest on?
Posted by Cracker
in a box
Member since Nov 2009
19206 posts
Posted on 5/9/20 at 11:34 am to
Go piss up a flag pole jack wagon! Of post count give credibility that won’t take 2 seconds to refute.
Posted by BigBrod81
Houma
Member since Sep 2010
22918 posts
Posted on 5/9/20 at 11:37 am to
quote:

But my point still stands, if you had to recuse yourself you should not be releasing statements of your opinion on the "facts" of the case


Yep. Both Jackie Johnson & George Barnhill will have some explaining to do. Both may end up facing criminal charges themselves down the road. Jackie Johnson already seems to have plenty of dirt on her from previous incidents which will likely cause the Feds to come perform investigations in Glynn County.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 5/9/20 at 11:45 am to
Shooting was self defense. Guys should walk.
Posted by FAP SAM
Member since Sep 2014
3244 posts
Posted on 5/9/20 at 11:47 am to
quote:

Shooting was self defense. Guys should walk

Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40688 posts
Posted on 5/9/20 at 11:47 am to
bait set
Posted by 1BamaRTR
In Your Head Blvd
Member since Apr 2015
24754 posts
Posted on 5/9/20 at 11:48 am to
He can do better

I’ve seen a even worse comment on this site with a guy saying “that thug deserved to die”. Or maybe he wasn’t trolling
Posted by JoeHackett
Member since Aug 2016
5142 posts
Posted on 5/9/20 at 11:49 am to
quote:

it's ILLEGAL to point or aim the firearm at another person.


quote:

without legal justification


The DA is obviously making the case that there was legal justification. You can agree or disagree but your point isn't being debated.
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