Your claim that they were railroaded just doesn’t stand up.
Let’s start with the least serious crime. Attempted Illegal Imprisonment. That is the charge in Georgia when you just “detain” someone.
www.georgiacriminallawyer.com
If you effect a Citizens Arrest and the person you arrested was actually innocent, and you had no reason to Arrest him, you’re going to prison Jack. At least one year, and no more than ten.
Now Aggravated Assault. Threatening to kill Arbery, which Daddy McMichaels told the cops in the interview he did, is at a minimum Aggravated Assault. Trying to box Arbery in and bump him off the road with their trucks, which they told the cops they did, and which was back up by fingerprints found on the truck. Guess what, another charge of Aggravated Assault.
As I said, everything the McMichaels did from the get go was a crime. The problem is that you don’t want to believe that. You want to pretend that this is the first time anyone has been prosecuted in Georgia for this sort of thing. Yes, and no. Nobody else has been idiotic enough to mount up and chase someone down. Yes, people have been convicted of Aggravated Assault for bumping a guy with a car or truck. Yes, people have been convicted for holding a weapon and threatening to blow their fucking heads off.
Now, we get to the final act. Here you want to claim Self Defense. But Self Defense in Georgia, doesn’t apply if you are committing violent felonies. Aggravated Assault counts as one of those violent felonies.
Now Georgia doesn’t have degrees of Murder. It’s just all Murder. The only other charges that could be brought regarding one individual causing a death of another is Involuntary Manslaughter, and Voluntary Manslaughter. Let me explain those.
In one, you are doing something reckless, but not really something that you expect to cause a death. Dumb, but not really criminal. Say Reckless Driving, and you swerve and hit a house and kill someone in the house. We in Georgia are sending you away for ten to twenty for that. You were doing something dumb, something reckless, but absent the accident not really a felony.
Obviously this charge doesn’t fit the McMichaels. As Aggravated Assault is a Felony.
Next, let’s say you come home and find your wife in bed with your Brother. You are outraged and kill them both. Now, we are going to call that a crime of passion. That means you acted immediately. What we are saying is look, we understand you were hurt and furious. You screwed up. We’re going to send you to Prison for ten years. We understand you were furious, but you killed someone and we have to do something about that.
If you walk away, and ten minutes later go back and kill them, then no, it is not a crime a passion, you’re up to murder.
We just have Murder. If convicted you have two sentences possible. Well three if they choose death, but the two main sentences handed down are Life without the possibility of Parole. Life with the possibility of Parole. Now, possibility isn’t certain. It means that after say, twenty years or so, you can apply for Parole. It doesn’t mean you’ll get it.
Daddy and Junior were convicted of Felony Murder. That means a death occurred during the commission of a Felony. Say the situation where a Clerk suffers a Heart Attack during an Armed Robbery. Felony Murder in Georgia.
Junior was also convicted of Malice Murder. That means the Jury thought he was overcome with rage and fully intended to kill Arbery while committing other crimes. Junior and Daddy were sentenced to Life without Parole. No chance they get out.
Roddy was Convicted and sentenced to Life with the Possibility of parole. Roddy probably won’t live long enough to reach that deadline to even apply for Parole, but stranger things have happened.
Now, the McMichaels had no justification in setting out in pursuit. They had no authority to effect a Citizens Arrest. No legal justification. And they didn’t say the magic words. You have to tell someone that you are arresting them. You have to tell them. The McMichaels never did according to their Statement to the Police, and the testimony in the Trial.
From the moment they armed up and mounted up, the two idiots were racking up Felony Charges.
As I said early on in this rehash of what was already covered many times before. Those idiots did every thing I was told not to by the Training Course I went through when I got my CCW. By the lawyer who briefed me on the laws. By the legal team at United States Concealed Carry Association when I joined them.
Those three groups, a cop, a lawyer, and a group that is dedicated to protecting Concealed Carry members legal team. All of them said not to do certain things or I would be the criminal. And damned if the McMorons didn’t do every single one.