So where are we? The McMichaels supporters claim they were absolutely justified. After all Ahmad was a criminal, a suspected burglar. In fact, McMichaels himself said in the 911 call that there were a lot of break ins around here.
Only none were reported to the actual Police. So that makes the argument a little weaker. I mean, we have to examine all the evidence. We have to consider every action, statement, and all that in order to bring credit to the argument right? So that statement is problematic. No Burglaries were committed for two months before the shooting in the neighborhood.
Next, the decision to arm up. According to McMichaels own statement they had previously seen Ahmad running by and reach into his shorts. This means he was running in the neighborhood before, and apparently many times. By McMichaels own statement. Because of this, the McMichaels argue that they thought that Ahmad was armed, and they took the precaution of getting their own firearms before setting off in pursuit. Again, according to McMichaels own statement.
What does that mean? Well it means they were not just following Ahmad. They were pursuing, and hoping to catch, or capture. Now, Citizens Arrest in Georgia. It does not give the citizens the same rights and authority of a police officer. It doesn’t even come close. It allows the Citizen a greater latitude, and at the same time presents a problem because it also places the citizen in greater jeopardy legally speaking. But that is not just my assessment.
A viral video of two Brunswick men shooting another man has raised some questions about what actually constitutes a citizen's arrest.
www.13wmaz.com
You might think that you witnessed something that's an arrestable offense, but it's not really an arrestable offense," Fort Valley Police Chief Lawrence Spurgeon said.
Spurgeon wrote a Facebook post Wednesday night explaining the risk factors associated with the rule.
"I always tell people, 'Are you really ready to absorb the possibility that if you're wrong you'll be criminally responsible? Or are you ready to absorb the fact that if you're wrong you'll be civilly responsible as well'," Spurgeon said.
Under Georgia code, Moore says a citizen can use force if they fear for their life, but they cannot create a confrontation themselves and then claim self defense after harming someone. Especially if they did not witness a crime take place.
"It does not allow us to create armed posses and roam the community looking for someone we think might have done something wrong," Moore said.
Spurgeon also says, when possible, you should report wrongdoing to the police instead of taking your own action.
So the Police in Georgia say you are taking a huge risk in performing a Citizens Arrest. If you are wrong, you risk criminal and civil consequences. Now, are all these folks just parroting the party line for the Black Community? Or are they reporting accurately what the law actually says concerning the Citizens Arrest power?
The arguments in favor of the McMichaels are getting weaker all the time, and are starting to look like they are based in wishful thinking, instead of law, and logic, and common sense, as they are want to proclaim.
Now, we have the Citizens Arrest authority worked out. We have even dismissed the argument that it was self defense to shoot Ahmad. According to Georgia Law, and the actual people involved in the administration of and enforcement of the actual law. Not what you think it should be, or what you think it might be, or what you think it is. What it really actually is.
Now, we are to the actual confrontation. The McMichaels had no first hand knowledge of any crimes. They had heard rumors of crimes, but none had been reported. Rumors only. I say rumors because no police reports were ever filed. None of the actual owners or representatives objected to or reported the presence of Ahmad in any of the under construction houses. None of them reported anything missing to the Police.
So now we have to legally describe the event using the actual Georgia Law. We know from the link above, the McMichaels were way out on a limb speaking of the legality of the issue. We know that the McMichaels had not developed enough information for the Citizens Arrest. They had not witnessed any crime. We also know that according to their own statement they had armed up and gone off to stop, detain, or catch, capture, or any other word you want to use, Ahmad.
That means that the moment they tried to confront Ahmad, they were committing another crime. They had the weapons, and the obvious reason for the weapons is the threat they represent. It says this. Do what I say or I can and will shoot you. It is what the cop is saying when he points his weapon at someone. It is what the soldier is saying when he points his weapon at someone. It is what we are saying when we humans pull a Weapon out. Do what I say or I will shoot you.
Now, here again, the police officer has greater authority than the Citizens. For a citizen the problem is that the law is specifically telling them not to do this except in extreme circumstances, and those circumstances did not exist. The McMichaels instigated the situation. That means they can not claim self defense. Hollywood and your newsletters aside, you can’t do it. Not in Georgia. In Georgia, the law says that if you jump out of your truck and confront someone with a weapon you need to be absolutely certain that it is a necessary action. That you are acting to preserve life, that you are doing so to defend yourself or another. There is no provision for holding a jogger at gunpoint until the cops show up.
Even without the shooting, the McMichaels had committed several crimes. The cops all over Georgia are saying so in many many news articles. Yet, we keep hearing how that is wrong, it is all a conspiracy. It is nonsense. The same sort of nonsense the Flat Earth folks put out. It was not self defense. And knowing it was not the “friends and associates” of the suspects recused themselves. They could not bring themselves to prosecute a former cop whom they knew and liked. They put friendship ahead of duty.
So now we have gone far enough away that others are taking a look at the evidence. No friends, no local considerations. Just a cold and calculating look at the facts. Yet, here again, the facts as I have explained them again after explaining the time and time again, are dismissed by those who refuse to admit that the hill they have chosen is a bad one to die upon.
Now, to the question of racism. Do I care that the victim is black? No. I ranted for two years about John Geer, who was white, and murdered by police. The cop was Hispanic. I typed many posts and messages online denouncing this disaster. It is not the color that offends. It is the lack of equality before the law, and the good old boy network trying to sweep an abomination under the rug that offends me. I find it Offensive no matter what color the victim is.
I find it Offensive that Robert Seldon Lady, a convicted kidnapper, is protected by the United States through the W admin, the Obama Admin, and the Trump admin. Lady is white. He was a CIA agent that performed a rendition with a team of a dozen on a man who had no ties to Terrorists in any way.
Here again, I don’t care what color the guy is. I think Islam is far closer to a cult than a religion. I think the terrorists are despicable. But I think that the laws, and rules, need to be followed by those with the power. Because only that way do we have a Civilization worthy the name when we check out of this plane for the next. So what do you want to leave to your children? A country, and world, where the laws mean nothing, and justice is whatever favors you can call in? Or do we live up to the ideal that all men are created equal. In other words, do we stand for right, or wrong. If we say that the laws are bullshit, fine. I can agree to that. But if we say that, then we have to apply that same standard to everyone. And none of the McMichael’s supporters want that.
www.nytimes.com
