The defendant “did not attempt to restrain the victim; rather, he shot and killed him minutes after commanding him to halt,”
stated the Georgia Supreme Court, affirming the conviction.
Where do you see an arrest attempt? The retired police officer was in the back of the truck. They said stop , he’s on the phone with the cops
you nailed it “They said stop”. with a demonstrated intent to use lethal force if necessary.
and the elderly fat gunman was using his phone to record the aggravated assault if you watch the video.
In 2005, for instance, the state’s highest court examined the case of a convenience store owner convicted of murdering a man outside a storage room previously targeted by thieves. On the night in question, the owner and another customer heard voices outside the store and the sound of breaking plywood. Armed with a pistol, the owner yelled halt. After a few minutes of silence, he fired three times, striking the victim in the head on the other side of a plywood covering.
The defendant “did not attempt to restrain the victim; rather, he shot and killed him minutes after commanding him to halt,”
stated the Georgia Supreme Court, affirming the conviction. A judge in a concurring opinion noted there was “no evidence from which one can infer that the intruder intended to steal more than $500 worth of beer and thereby commit felony theft.”