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When he was not the initial aggressor he has the right to self defense. Since McMichals was the initial aggressor he was the one acting illegally in this situation.
Whether or not what the father and son did was wrong, don’t ever run up to anyone and try to grab their firearm. That’s my advice.
Whether or not what the father and son did was wrong, don’t ever run up to anyone and try to grab their firearm. That’s my advice.
Did he not have the right to try to defend himself against people that had chased him over 3 different streets, had him corralled between two cars, and confronted him with guns drawn?
If I did that to you would you have the right to defend yourself from my aggressive actions?
Not the best quality, but it does look like Travis raised his shotgun as Arbery was running toward the truck. This could explain why Arbery makes a move to the right of the truck to go around.
(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 https://law.justia.com/codes/georgia...icle-2/16-5-21
Having a gun made a simple assault a aggravated assault. which is a felony.
Tavis McMichaels will say that the police recommended him to keep an eye on the house to the homeowner which is on text message and even though he did not know if Arbery had stolen something or if he was a just a trespasser since he had encountered Arbery on the property before he just cause to detain Arbery for questioning, to hold him until when police came because he had reasonable suspicion he could have stolen something.
This is what the defense will argue. Other cases might have to be compared can a person who has been on the same private property more than once trespassing be detained for the cause that it is unknown if the person stole something not
If that argument is not found to be reasonable for a citizen's arrest and what they did is deemed as an assault since he has the shotgun pointed down the defense can argue the weapon is not being used offensively, it only moved to an offensive position during a struggle where Arbery grabbed the gun
and it's also an open carry state. If that argument is successful and the prelude to the shooting is still deemed an assault, it's a simple assault, not aggravated and that is a misdemeanor in GA
There is also part of the video where the two are fighting and they go out of view for a moment. That raises questions and questions raise doubt
It's funny, according to many in this thread, those men are committing aggravated assault right now.
I personally am glad to see that more people are starting to embrace the 2nd amendment, it would be interesting to see how those types would be attacked by the masters at the DNC plantation for embracing their civil liberties.
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