progressive hunter
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- Dec 11, 2018
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as stated in the statute immediate knowledge is different than witnessing the act,,,how do you know they didnt have immediate knowledge???Do you want to make a legal citizen arrest a felony? Was carrying a gun I felony?it’s not murder they were on the phone with the cops you need to be premeditated to be murder, they were calling for help. You’re too emotional to discuss this you literally think black men should be allowed to attack white man you’re crazyBut what law did they break? And if you can’t name one then why do you hate these guys?Agreed....the poster you are replying to is clueless....what the GBI is doing under and by the directions of the politicians in Atlanta is to conduct 'political theater' aka placate the blacks...to keep them from rioting, looting and burning etc. Which they are always looking for an excuse to do...ya know......great opportunity to go down and grab some toys and have fun....maybe even get on T.V.
What most have not heard about ...is the history of this black guy....a history of a felony conviction, a history of theft and violating his probation not even to mention his mental history.....the former D.A. mentioned that....when that comes out it should be very interesting.....also the new video of him visiting and trespassing into that home under construction in the dark of the night does not help the prosecution at all.
Then there is the video which clearly shows the black guy committing assault.
So I say even despite all the political pressure to lynch these guys....if they can get some decent legal representation and get a honest jury they will walk as they should....all they were doing was to try and protect their community.
I could give a fuck if you think I'm clueless. The fact of the matter is that state authorities, and not the "good ol' boys" network has this case and has moved forward with it.
Your racism does nothing to negate the facts of the case, which are more importantly characterized by the authorities than by you...
Well, they're being charged with murder and aggravated assault, so I'll go ahead and guess that you don't exactly need to be F. Lee Bailey to discern that they're suspected of breaking laws pertinent to those charges.
As for hating them, they're typical south Georgia, cowardly redneck racists. That's how I see them. They chased down an unarmed man and they killed him. I'm sure you view them as heroes, but I find nothing to admire.
In my mind, there's not a single thing which can justify what they did. Nothing. He did not threaten them an iota, and they went after him. The two of them bear 100% of the responsibility for Arbery's death. They should be held accountable for it and justice should be overwhelmingly severe.
I would like to think that, if and when they're convicted, they will be executed. They've earned that...
Nope. It does not need to be premeditated to be Murder in Georgia.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
Now how is it you are so certain of so many things that are not true? So does it need to be premeditated to be Murder?
Actually given the circumstances. Yes. Both were felonies. Let’s again discuss what Georgia Law actually says.
Citizens Arrest. Let us begin there.
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Georgia Code Title 17. Criminal Procedure § 17-4-60 | FindLaw
Georgia Title 17. Criminal Procedure Section 17-4-60. Read the code on FindLawcodes.findlaw.com
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
The McMichaels had no immediate knowledge of any crime. They did not see any Felonies. They were not authorized by law to perform a citizens arrest. So the attempt itself was illegal.
Brandishing in Georgia. The charge resulting from this is Aggravated Assault. A Felony. Let’s look at that shall we?
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury
So when Daddy has his gun in hand and Junior jumped out of the truck with his shotgun in hand to illegally detain Ahmad they committed the crime of Aggravated Assault. A felony.
This is why the police thought that the McMichaels should be arrested. It was not a case of Citizens Arrest. It was not a case of self defense. The victim in every way was dead.
The McMichaels told the police they saw a black guy running down the road. They did not see any crime committed. They do not get to arrest anyone because they think he might be the bad guy. Because he might have committed a crime some other time does not cut it in Georgia. Citizens Arrest in this state requires you to be 100% certain. Because you are betting your life and freedom on being right. If you are wrong you are the criminal.
You really should read the links. The statement of the McMichaels to the police said they saw him running down the street. It does not say they saw him enter or leave any houses. They saw him running. So for their immediate knowledge he was a black guy who had been seen running in the neighborhood before. Read the links man.
and dont forget we only have a limited knowledge of all the info,,,