So the people of Georgia are supposed to, according to you, realize it is all a conspiracy from the left.
Friend. If that is true. You RW types have already lost.
The Left had to travel back in time to 1992 to convince the Georgia Court of Appeals to write the Winn Dixie decision that defined Citizens Arrest. This precedent has been on the books since. This was when George HW Bush was President.
The point is that all these laws have been on the books for years. Again. I keep suggesting you read and learn.
Their lawyers are not arguing to the Judge that the State is making laws or precedents up. The Defense Attorneys are not arguing that the laws are misapplied. The entire case for the Defense is that they were attempting to effect a Citizens Arrest. This is their defense despite the fact that the 1992 Winn Dixie decision shows they don’t have it.
The defense is essentially admitting if the jury finds it was not a legal citizens arrest than all those other charges are right.
My Father taught me that if you have a problem see an expert. If you are unwell see a Doctor. If you are facing legal trouble get a lawyer. My Father also taught me that the cops are not your friends. Never trust them. They will lie and you will talk your way into jail.
The McMichaels talked their way into this mess. They can’t undo those statements. It reduces the options For their legal defense.
I could explain the reason they didn’t. But you would tell me I don’t know what I’m talking about.
In the meantime. When the trial starts talk to your Doctor out getting some Xanex and get that automatic defibrillator. I honestly think you are going to need it.
You are right about the police and the McMichaels talking too much and I have advised people on this board many times if you are arrested for anything serious say nothing.....absolutely nothing to the police and quickly lawyer up..........
yet I still think any decent jury will or should see through the governments desire to railroad some innocent men for political reasons.....perhaps we are farther down the road of oppression aka totalitariansim than I want to admit.
There is the problem. You don’t think they did anything wrong. The problem is that the laws they are accused of violating have specific meanings defined by precedent. And these meanings have existed for years, or decades.
One of those precedents I keep harping on is criminal record of a person for citizens arrest. The Court decided long ago that the criminal history could not be considered regarding citizens arrest. So as I mentioned before in this thread. It would not matter if the baddie being chased was Jesse James. It is what crime he may have committed to your knowledge.
And here we get to the reason Daddy and Junior set off in pursuit. It had nothing to do with a rash of burglaries. There wasn’t some crime spree. There was one.
And that one was from Travis’s truck. His gun got taken from his truck.
These heroes you are trying to lionize are idiots. Travis was dumb enough to leave a firearm unattended. In an unlocked truck. That is just stupid. We mocked the Federal Agent for doing that in San Francisco didn’t we?
But Daddy and Travis decided this black guy stole the gun. It grated on them to see him running by free. With the gun he stole from Travis. Now I don’t know if Arbury stole it or not. I know there is no video or witnesses who saw it. So we don’t know who stole it. In any event the time between the theft if there was one, and the killing meant the crime was old news. Way too old to justify an attempted citizens arrest.
But I believe it grated on them. An intolerable insult. That is why they thought he was armed. They thought he was carrying the gun he stole on himself. They were convinced. Only they had no evidence other than who else could it be. And that is not probable cause or even reasonable suspicion.
I can only guess their plan was to catch him with the gun and then have that be the proof. But it doesn’t work that way for cops what made them think it would work that way for two idiots?
So now we come post shooting. Here Daddy made his last mistake. He counted on his old buddies covering it up. The official term is prosecutorial discretion. The unofficial term is good old boys network.
The cops wanted to arrest the idiots. The former boss and now former DA said no. Then she got the reports and saw it was a shit sandwich. So instead of following protocol for the recusal she asked her neighbor to take it.
Protocol was for her to contact the Attorney General and ask him to pass it to another DA. The neighbor tried to save the McMichaels. That effort has him now trying to save his law license. His read on the law was not based on the precedents we talked about. He then passed it on. And this time the DA took one look and said it was a crime what those two idiots did.
The Good Old Boys wanted to save the McMichaels but didn’t want to go down with them. Because the line between discretion and misconduct is mighty thin.
The McMichaels are screwed. They gambled on the Good old Boys and lost. They will almost certainly be convicted.