I am using Georgia Law as a guide. At least as it was until they changed it this year.
Specifically the statutes for Citizens Arrest as was in force when the McMichaels did their idiocy.
The law made sense. Whatever the guy had done before that time was irrelevant. The actions of that moment were paramount. The guy could have been Charles Manson and you had no right to do anything if you did not witness a crime.
Kyle had no clue who the guy was. Kyle had no way of knowing what the guy had done. It was what was happening at the time.
Kyle was trespassing too. He had no authority from the owner to be there. He had no authority from any Government agency. He was a wannabe hero.
He was a boy playing at being a man with real weapons.
He was not trespassing unless the owner of the property asked him to leave, and he refused.
Did that happen?
No.
So, not trespassing, then; fail.
Authority doesn't come from government, government itself only comes from
our authority as The People.
Another fail.
All young men want to be heroes, that's not a thing to disparage.
Third fail.
There is no evidence of him mishandling that firearm in any way, and in an environment where multiple people were videoing everything of even mild interest, I find it highly doubtful that if he had drawn down on anyone prior to being assaulted, no one got it on video.
He fired
only at people attacking him, and
only as necessary to stop the multiple assaults on his person, (as evidenced by the fact that the 3rd guy who came at him with the Glock, is still thieving oxygen on planet earth.)
I've seen cops and soldiers a decade older than him without that level of weapons discipline. If that was him "playing", then some other folks need to up their game, IMO.
Bottom line is, the kid had as much or more right to be there as the rioters and protestors did, and he had every right to defend himself...... there is no good reason to prosecute this young man.
Anyone who advocates for doing so, is in the wrong,
period.
