McMichael Fails Miserably In Taking The Stand In His Own Defense In Arbery Case

[mudwhistle]

You don't chase after someone with guns if they are unarmed and have not presented a threat to peoples safety or hurt someone. I believe the jury did the proper thing. You can't just go after people like that. Makes zero sense and is a public safety menace.

Yes you can go after people if they are a suspect.
These guys were trying to collar him so he could be questioned by the police.....and he refused to remain at the scene. He was trying to escape.
If it was me....I would have just filed a report when the cops arrived because when it comes to things like this....being a good citizen will only get you thrown in jail, considering the recent trend we see in the news.

 

[mudwhistle]

Yes you can go after people if they are a suspect.
These guys were trying to collar him so he could be questioned by the police.....and he refused to remain at the scene. He was trying to escape.
If it was me....I would have just filed a report when the cops arrived because when it comes to things like this....being a good citizen will only get you thrown in jail, considering the recent trend we see in the news.

Will....stop being a dickhead.

 

[The Sage of Main Street]

I saw the entire timeline.
Arbery started running from the construction site when he noticed a neighbor calling the cops.
They pretty much caught him before he had a chance to take anything.....and he took off running.
The fact that even though several people tried to get him to stop and answer some questions means he was feeling guilty.

Criminals Are the Democrats' Secret State Police

Thieves get the death penalty; it's even in the Bible. The enemies of America turned these natural bandits loose on us. If we can't take the law back into our hands from the stranglehold of the Left, then it will become their permanent property.

 

[Auld Phart]

Will....stop being a dickhead.

Only after you stop talking out of your ass.

 

[mudwhistle]

Only after you stop talking out of your ass.

I'm not gonna agree to your overly simplistic thought processes. This isn't a cut and dried case.

I'm thinking like a lawyer, bud.
Not like some lemming that buys into the legacy media's bullshit.
There's a chance you might be right.....but then again....you could be wrong about everything.

 

[SavannahMann]

I'm not gonna agree to your overly simplistic thought processes. This isn't a cut and dried case.

I'm thinking like a lawyer, bud.
Not like some lemming that buys into the legacy media's bullshit.
There's a chance you might be right.....but then again....you could be wrong about everything.

The Defense tried to make those arguments. And the Judge rejected them. The Jury rejected them. And lawyers in Georgia who were interviewed rejected those arguments.

The Police Officers responding and interviewing the McMichaels rejected those arguments. Because they are not in line with Georgia Law and Precedent.

Someone thinking like a lawyer would know that. They would understand the laws and the precedents. They would understand that the McMichaels committed what was in effect a crime spree.

Let’s begin with the Citizens Arrest. The McMichaels tried that defense. And there was a number of flaws. First. The Winn Dixie decision by the court of Appeals in Georgia determined who had the legal right to effect a citizens arrest. It was in effect either the victim of the crime, or a representative. Say a Store Manager or similar person in the case of shoplifting.

The McMichaels were not so empowered by Larry English.

The alternative would be if the McMichaels had witnessed a crime at that time. Not a suspect in previous crimes. That is expressly forbidden by precedent. But a crime on the spot. Say you see someone stabbing another to death. You could under the old law claim Citizens Arrest.

But you had to inform the individual that they were under arrest. Even under the old law you couldn’t just walk up and hold someone at gunpoint. That was aggravated Assault. You had to inform the “suspect” they were under arrest.

The McMichaels said they never made that statement. The McMichaels never told Arbery that he was under arrest.

That is why I said that even if Arbery had stopped. The McMichaels were the ones going to Prison. They had committed two
Felonies.

We haven’t even gotten to the violence yet. We are still at the point where they armed up and set off and told Arbery to stop the first time.

If Arbery had stopped then, the McMichaels were still going to Prison under Georgia Law.

That is why I said several times that they made bad decisions every step of the way and each decision was worse than the one before.

Now using the trucks to try and bump Arbery off the road was another count of Aggravated Assault. Again a bad decision that was worse than the one before.

Now they pull ahead and are going to stop Arbery. They’ve had enough of this crap. Now Travis by his own testimony expected that his standing there with his shotgun would intimidate. Scare Arbery into complying. That is the literal definition of Aggravated Assault.

We have yet another count of this particular crime.

Arbery is still alive at this point. And the McMichaels have committed half a dozen felonies already.

This is what people like me have been trying to explain. At no point we’re the McMichaels in the right.

If Arbery had run up on them in their garage and they killed him I would have shrugged and said so what? I’ve posted the video of a woman shooting at intruders in her home in Georgia many times. Practically speaking, Nobody in Georgia really cares that the baddie died.

But she was minding her own business. And was the victim of a criminal entering her home. Shoot him all you want. We don’t care.

She didn’t set off in pursuit of someone who might be a criminal. She didn’t chase him down and blow him away. She was minding her own damned business.

 

[mudwhistle]

The Defense tried to make those arguments. And the Judge rejected them. The Jury rejected them. And lawyers in Georgia who were interviewed rejected those arguments.

The Police Officers responding and interviewing the McMichaels rejected those arguments. Because they are not in line with Georgia Law and Precedent.

Someone thinking like a lawyer would know that. They would understand the laws and the precedents. They would understand that the McMichaels committed what was in effect a crime spree.

Let’s begin with the Citizens Arrest. The McMichaels tried that defense. And there was a number of flaws. First. The Winn Dixie decision by the court of Appeals in Georgia determined who had the legal right to effect a citizens arrest. It was in effect either the victim of the crime, or a representative. Say a Store Manager or similar person in the case of shoplifting.

The McMichaels were not so empowered by Larry English.

The alternative would be if the McMichaels had witnessed a crime at that time. Not a suspect in previous crimes. That is expressly forbidden by precedent. But a crime on the spot. Say you see someone stabbing another to death. You could under the old law claim Citizens Arrest.

But you had to inform the individual that they were under arrest. Even under the old law you couldn’t just walk up and hold someone at gunpoint. That was aggravated Assault. You had to inform the “suspect” they were under arrest.

The McMichaels said they never made that statement. The McMichaels never told Arbery that he was under arrest.

That is why I said that even if Arbery had stopped. The McMichaels were the ones going to Prison. They had committed two
Felonies.

We haven’t even gotten to the violence yet. We are still at the point where they armed up and set off and told Arbery to stop the first time.

If Arbery had stopped then, the McMichaels were still going to Prison under Georgia Law.

That is why I said several times that they made bad decisions every step of the way and each decision was worse than the one before.

Now using the trucks to try and bump Arbery off the road was another count of Aggravated Assault. Again a bad decision that was worse than the one before.

Now they pull ahead and are going to stop Arbery. They’ve had enough of this crap. Now Travis by his own testimony expected that his standing there with his shotgun would intimidate. Scare Arbery into complying. That is the literal definition of Aggravated Assault.

We have yet another count of this particular crime.

Arbery is still alive at this point. And the McMichaels have committed half a dozen felonies already.

This is what people like me have been trying to explain. At no point we’re the McMichaels in the right.

If Arbery had run up on them in their garage and they killed him I would have shrugged and said so what? I’ve posted the video of a woman shooting at intruders in her home in Georgia many times. Practically speaking, Nobody in Georgia really cares that the baddie died.

But she was minding her own business. And was the victim of a criminal entering her home. Shoot him all you want. We don’t care.

She didn’t set off in pursuit of someone who might be a criminal. She didn’t chase him down and blow him away. She was minding her own damned business.

Blah....blah...blah....blah......

Let's face the facts. Arbery wasn't jogging....he was running away from the scene of a crime.
You claim that he cannot trespass unless the owner files charges.

The fact is the owner never filed charges because the motherfucker was dead.



BTW, thinking like a lawyer isn't just adherence to the law......it's exploring the possibilities within the law.
I guess you've never heard of the phrase "Novel Defense".
In legal terms it is a belief that not everything in a case is as it seems.....

In this case.....the false belief that Arbery was jogging makes this look like a murder....when in fact he was trying to escape and thus attacked those he was trying to escape from.
The judge and jury rejected their argument because of 3 issues:

• Arbery was black
• The Defendants were white
• The Defendants were carrying guns

If all the parties had been the same race non of this case would have ever made national headlines.
The judge and jury were clearly tainted and prejudiced against the Defendants.

 

[SavannahMann]

Blah....blah...blah....blah......

Let's face the facts. Arbery wasn't jogging....he was running away from the scene of a crime.
You claim that he cannot trespass unless the owner files charges.

The fact is the owner never filed charges because the motherfucker was dead.



BTW, thinking like a lawyer isn't just adherence to the law......it's exploring the possibilities within the law.
I guess you've never heard of the phrase "Novel Defense".
In legal terms it is a belief that not everything in a case is as it seems.....

In this case.....the false belief that Arbery was jogging makes this look like a murder....when in fact he was trying to escape and thus attacked those he was trying to escape from.
The judge and jury rejected their argument because of 3 issues:

• Arbery was black
• The Defendants were white
• The Defendants were carrying guns

If all the parties had been the same race non of this case would have ever made national headlines.
The judge and jury were clearly tainted and prejudiced against the Defendants.

So what you are saying is Thinking like a lawyer didn’t work out so now your “Novel Defense” is to think like a High School Punk.

I’ve explained this before. I have a CCW in Georgia. It is not required. But I am a careful fellow who wants to know what the laws are. I took a course. It was taught by an off duty Cop on CCW rights and responsibilities.

When I knew the McMichaels were in trouble is when I read the news story and heard their version. It was literally everything the cop told us not to do because it was illegal. And I took the course seven years ago.

So everything that they did is what the cop teaching the course said would get me arrested and sent to Prison if I did it.

I knew a lawyer who worked as a Magistrate Court Judge. He was the neighbor of my Wife’s Parents. I paid for an hour of his time. I talked to him about what the law said and what the cop said. Double checking what the Cop told me.

This man with Thirty years experience in the law agreed with the cop and then went further. If I ever had to use my Gun, God forbid, call a lawyer and keep my stupid fucking mouth shut.

I joined USCCA. They sent me a bunch of videos and pamphlets and even a couple books. Guess what? They agreed with the Lawyer and the cop. Especially about the Lawyer.

Three independent sources. Three. And everyone of them said don’t do those things. And the McMichaels did everything wrong.

Eleven of the Jury members were White. And they found the McMichaels guilty. Not because Arbery was Black. But because everyone knows you can’t do what they did. The cops there in Glynn County wanted to arrest them. Because the cops knew that you can’t do that legally.

This was on the day. This is when the cops didn’t lift a finger to provide any aide to Arbery who was gasping his last breath.

They didn’t care that Arbery was a Black Guy. They did believe that the McMichaels had committed crimes.