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I agree and made this point earlier as I called for a separate felony--such as false imprisonment--to be charged in order to get to felony murder. The question then becomes whether a charged felony for felony murder has to be inherently violent or dangerous as some jurisdictions have held.
Under Georgia law,
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
The evidence does not support that the McMichaels assaulted (yes, an assault charge is warranted, but regular assault is a misdemeanor) Ahmaud with the intent to murder, rape, or rob him.
The other hooks to get to aggravated assault don't apply here either.
If the GBI doesn't want to lose this case, they will need to find another felony to charge the McMichaels with.
Under Georgia law, O.C.G.A. 16-5-20 Simple Assault, a person commits the offense of simple assault when he or she either: (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. A simple assault charge rises to the level of an aggravated assault when a person assaults another: (1) with intent to murder, to rape, or to rob; (2) with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (3) with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or (4) a person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons (O.C.G.A. 16-5-21 Aggravated Assault).
You may not have intended or attempted to violently injure the other party; however, because the other party expressed to the arresting officers that he was in fear of his life and reasonably believed you were going to shoot him—causing death or seriously bodily harm—element two of a simple assault charge is satisfied. Further, a simple assault charge does not require physical contact as many people may not be aware.
The charge is upgraded to aggravated assault because of the use of a deadly weapon in an offensive way that—if actually used—would cause another to suffer serious bodily harm or death. In this case, a gun. Note that a deadly weapon could also be a knife, bat, brick or any ordinary household object that if used in a certain manner would cause great bodily harm. Believe us, we’ve seen and heard it all, including a case where a defendant was charged with aggravated assault for throwing a floor fan in another’s direction. Yes, a floor fan!
Given that Arbery ran 40+ yards to get to Travis, it would seem that “imminence of an attack” will be insurmountable for the prosecution. But that’s why we have trials. . .
That didn't happen. He was trying to go past the truck when Travis got out with his gun to block his path, which was a threat to him, so he defended himself.
Bobby is overstating the case with that, as that’s not what they said.
They said “stop, stop, we want to talk to you.” Perfectly legal. Also perfectly legal to pursue Arbery in order to talk to him. No detainment of any kind ever occurred. Not assault, aggravated or otherwise.
Seems the cops appear to have been relying on Gregory McMichael as a neighborhood point person for months before Arbery's death.
Lawyers will have a field day over this.
Both accused will walk.
It is perfectly legal for them to take their guns, and they did so out of fear that Arbery might be armed, based on a previous encounter.
Stop making stuff up.
Taking their guns where? You say they were not chasing or trying to block Arbery. So what do they need guns for? To drive to a random point in the street to stand in with guns for no reason? But they need the guns just in case the presumed to be armed Arbery happens to come attack them, and gee golly, that is what he did? lol!
What's really funny is the same Perry Mason knuckleheads who were expert lawyers in the Zimmerman case are now up on their hind legs again pontificating on the likely outcome of this case.
I'm getting a HUUUUUUGE box of popcorn in for this sucker ...
We really need to stop responding to a person who calls the police report 'hearsay', but his 'judgement' of the distance Arbery traveled in the video is a fact. This is not a person engaging in an honest discussion. He's disputing the fact that The McMichaels pursued Arbery at all, blocked him, all the key elements of the case.
Seems the cops appear to have been relying on Gregory McMichael as a neighborhood point person for months before Arbery's death.
Lawyers will have a field day over this.
Both accused will walk.
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