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.
