If they were in the right, then a jury of their peers won't convict them. It's nearly impossible to not brandish a shotgun. He should have left it in the truck since there were other armed people covering him, but we can't say he intended to kill because of that oversight. That fight over the shotgun could have gone either way, should Arbery go to Jail had McMichale been killed?
“Brandishing” is not illegal in Georgia, but yes, it was stupid to step out with the shotgun. It was stupid to confront Arbery. They should have just continued to report his whereabouts to police. It was stupid to try and take the shotgun from McMichael.
A whole lot of stupid lead to a death.
Unfortunately for the McMichaels, if one takes a life, the authorities SHOULD investigate and see if a crime was committed. If so, one will be required to justify the killing as an affirmative defense to whatever crime a grand jury decides enough evidence exists to prosecute.
I have provided a number of examples of how these to dudes can be held criminally responsible. I am not sure murder gets there without more proof.
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