(May 11, 2020 at 1:10 pm)Rev. Rye Wrote:According to the police report - they did try to detain him and Arbery went for the shotgun....(May 11, 2020 at 12:10 pm)onlinebiker Wrote: Thank you.
Now you do realize this report contradicts your assessment?
He said he saw Mr Arbery in video of the house break in.
Edit - correction he said Arbery was in the video... I guess I am inferring he saw them..... My mistake... Bear in mind I am scrolling this on my phone..
According to multiple media reports - he had prior history with Mr Arbery (which seem prejudicial - so I won't cite) so he knew him by sight.
So he was not chasing down a guy simply for running down the street. He was chasing someone he had reason to believe was involved in a burglary - which is legal under Georgia law. (And as I said early in this post - probably a bad idea).
Once again, there were actually no burglaries in the nieghbourhood in the month plus prior to the shooting. And this comes from the police of the area.
And, in addition, here's the relevant statute in the Georgia State Law books about citizen's arrest, bold mine (§ 17-4-60):
Quote: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.And since there was no burglary in the neighbourhood at the time, it could not possibly have been committed within the McMichael's presence or within their immediate knowledge.
And, even if that was the case, they still did it wrong, because they should have subdued him, called the police, and waited for them to apprehend him. That is the procedure for a lawful citizen's arrest. Arbery was unarmed, and therefore, there was no legal justification for shooting him. For more information, here's a local criminal defense attorney breaking down the law and explaining why what they did is actually not legal under Georgia law.
And yes - that is one side of the story.
It does seem plausable when looking at the video. Mr Arbry does go for the gun in the video.
I don't know.
Nobody here does. Anyone on this forim who says they KNOW what happened in this case is either a fool or a liar.