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Posted on 5/10/20 at 6:31 pm to troyt37
quote:
quote:
Then maybe the murdering rednecks should have, you know, called the real cops?
I believe that had already been done, had it not?
Yea but why wait for the cops when you can just go brandish your firearm at a citizen and blast them for defending themselves. Who needs to wait for the court of law when you got a 12 gauge.
Posted on 5/10/20 at 6:44 pm to Crimson1st
quote:
but the decision to go for the gun was a fatally poor decision. We can't gloss over this point, bad choices often have consequences and changing even just one of those decisions by either party, alone, could have prevented the whole incident from happening and destroying at least three lives.
Eh. How far was arbery chased down for by this truck? You expect someone chasing you to stop chasing you because you keep running? Truck wins in a pursuit vs arbery on foot. Also one dude had a gun in the truck bed chasing you down.
Then the driver got out and was traveling towards you brandishing a shotgun, what is your advise? mind your business and hope they dont intend on using the shotgun on you after they chased you down? Maybe he should have just ran faster then for sure mcmichaels would have just got back in his truck and drove home. I see no problem trying to defend yourself from someone intent on confronting you.
Posted on 5/10/20 at 6:45 pm to Turbeauxdog
quote:The police report lists criminal trespassing. So yes, it is addressed. And this is a misdemeanor.
interior design tour
Posted on 5/10/20 at 6:50 pm to Turbeauxdog
quote:
They have the right to, which you hate
Wrong
Posted on 5/10/20 at 6:51 pm to Wolfhound45
quote:
The police report lists criminal trespassing. So yes, it is addressed. And this is a misdemeanor.
Yes. Besides the fact that its a misdemeanor and doesnt justify a citizens arrest... mcmichaels had no knowledge of that misdemeanor occurring either. If he did, he would have told police that in his statement for the confrontation instead of lying about someone looking suspicious running away given the recent break ins so he wanted to confront him. He’s retired LEO he should surely know the difference between those statements.
Posted on 5/10/20 at 6:52 pm to Turbeauxdog
quote:Not under the elements of Georgia law.
They have the right to, which you hate
Posted on 5/10/20 at 7:21 pm to 4cubbies
quote:
Why did they have to stop him at all?
They didn’t, which is one of several things they did that makes them idiots. I don’t think any of that removes their right to defend themselves when attacked, however. No shots were fired until the deceased initiated a physical altercation, and tried to take the shotgun.
Posted on 5/10/20 at 7:22 pm to troyt37
quote:
I don’t think any of that removes their right to defend themselves when attacked,
It’s the aggravated assault prior to the shooting that removed their legal ability to defend themselves.
Posted on 5/10/20 at 7:26 pm to JohnnyKilroy
If someone other than the police come towards me with a gun, I'll do what I can to protect myself. Perhaps by trying to disarm them.
Posted on 5/10/20 at 7:26 pm to JohnnyKilroy
quote:
It’s the aggravated assault prior to the shooting that removed their legal ability to defend themselves.
What exactly was ag assault about what they did, and if it were, do you really think all authorities would just blow it off?
Posted on 5/10/20 at 7:27 pm to troyt37
quote:
and if it were, do you really think all authorities would just blow it off?
They were charged with felony aggravated assault my dude.
The aggravated assault is blocking someone’s right of way while armed and shouting at someone to stop.
This post was edited on 5/10/20 at 7:29 pm
Posted on 5/10/20 at 7:29 pm to troyt37
quote:
It’s the aggravated assault prior to the shooting that removed their legal ability to defend themselves.
What exactly was ag assault about what they did, and if it were, do you really think all authorities would just blow it off?
Well, duhhh, all authorities haven't "just blown it off" now, have they? The frickers have been arrested and charged with murder, haven't they?
God, some of you people are so fricking stupid, even by this board's standards.
Posted on 5/10/20 at 7:31 pm to troyt37
Georgia code sec. 16-3-21, Use of Force in Defense of Self, in relevant part:
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony
**The felony in subsection (2) ostensibly being aggravated assault, which I believe is the thinking of the prosecutor.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony
**The felony in subsection (2) ostensibly being aggravated assault, which I believe is the thinking of the prosecutor.
Posted on 5/10/20 at 7:32 pm to ddbnsb
quote:
If someone other than the police come towards me with a gun, I'll do what I can to protect myself. Perhaps by trying to disarm them.
Maybe, but are you coming from the perspective that you also just committed a crime? I can’t fathom a world where standing still until the police arrive to slap you on the wrist is not highly preferable to attacking two armed men, hoping that you overpower the first so quickly that you kill or escape from the second before he shoots you.
Posted on 5/10/20 at 7:39 pm to troyt37
You also should take into account the following:
Deceased was a felonious criminal caught at 19 years of age carrying a fully loaded "stolen" weapon into a high school sporting event.
He had recent theft convictions and was on parole.
Now he was facing criminal trespass and probably a list of other crimes and the three strike rule might have been in play.
This clown was not anyone's saint.
Deceased was a felonious criminal caught at 19 years of age carrying a fully loaded "stolen" weapon into a high school sporting event.
He had recent theft convictions and was on parole.
Now he was facing criminal trespass and probably a list of other crimes and the three strike rule might have been in play.
This clown was not anyone's saint.
This post was edited on 5/10/20 at 7:41 pm
Posted on 5/10/20 at 7:42 pm to troyt37
quote:
I don’t think any of that removes their right to defend themselves when attacked, however. No shots were fired until the deceased initiated a physical altercation, and tried to take the shotgun.
Your assessment is incorrect.
When they stopped in the road, Travis got out, armed, to confront Arbery. By going out of their way to confront him, the McMicheals are the aggressors. By definition then, Arbery is the defender.
Arbery attempted to avoid the confrontation by going around the opposite side of the truck from Travis. Travis moved to engage him on that side. That movement underscores Travis as being the aggressor between the two as well as underscored Arbery as the defender.
Posted on 5/10/20 at 7:42 pm to BarberitosDawg
quote:
He had recent theft convictions and was on parole.
He had a recent theft conviction. Not convictions.
Posted on 5/10/20 at 7:42 pm to BarberitosDawg
None of that has any real bearing on the mcmichaels murder trial and most or all of it will be ruled inadmissible at trial.
Posted on 5/10/20 at 7:45 pm to Bard
quote:
Your assessment is incorrect.
When they stopped in the road, Travis got out, armed, to confront Arbery. By going out of their way to confront him, the McMicheals are the aggressors. By definition then, Arbery is the defender.
Arbery attempted to avoid the confrontation by going around the opposite side of the truck from Travis. Travis moved to engage him on that side. That movement underscores Travis as being the aggressor between the two as well as underscored Arbery as the defender.
When they stop in the road, the deceased is clearly shown running toward the truck, and therefore the armed men.
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