The question is intent and what constitutes lawful action.
Murder:
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1"(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
"(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
"(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.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life."
If the facts somehow show
malice aforethought (which is a legal term meaning premeditated intent to unlawfully kill) you have murder. It's really hard for me to find, based on what is in the video and other factual allegations, that the idiot white dudes intended to unlawfully kill Arbery. If more evidence comes forward, I will reconsider.
HOWEVER, if their actions in attempting to stop an unarmed citizen without legal justification amounts to a felony, I could see a Felony Murder conviction, under (c). It looks like we need more information on "citizen's arrest" in Georgia.
Voluntary Manslaughter:
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-2(a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
(b) A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
I will need more facts on this, but I doubt it applies
Involuntary Manslaughter:
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-3(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.
Item (a) appears to be a "misdemeanor murder" statute, where one can be convicted of an offense if he was committing an unlawful act which amounts to a misdemeanor, rather than a felony, and it resulted in the death of another.
It appears one way or another that these two white dudes could be punished AT A MINIMUM for misdemeanor. Again, I will need to look at the Georgia statutes closer to see if they were acting lawfully, in any way, by making a "citizen's arrest."
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