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Really looks like an unjustified killing to me. But let's let a jury decide after viewing the facts. I just hope the two aren't being overcharged intentionally to save them from jail.
If the McMichaels didn't have the information, then that information could not have influenced their actions.
Exactly.
And since there is no evidence of guns until McMichaels exited the truck, it can’t be concluded that Arbery was in fear of being chased by armed men, which is a key component of the aggravated assault charge.
Arbery was not in the truck. Arbery was the one being chased. Arbery was the one that had guns pulled on him. Arbery was the one that tried to avoid their aggressive actions for 4 minutes.
Arbery was the only one that had the right to self defense under the law since he was not the initial aggressor.
You might want to reread my post, and let me know if you’d like me to explain it further, because it totally went over your head.
And since there is no evidence of guns until McMichaels exited the truck, it can’t be concluded that Arbery was in fear of being chased by armed men, which is a key component of the aggravated assault charge.
QED
We don't know if there was no evidence of guns until McMichaels exited the truck. There is video we have not seen. And it cannot be concluded that Arbery was not in fear while being chased. Just being chased by vehicles when one is on foot can certainly be a fearful experience.
In Georgia law, the GBI must prove that the McMichaels "initial aggression" was specifically to provoke Arbery into attacking for the express purpose of gunning him down.
Do you have any evidence that they chased him just so he would attack them, and then he could be gunned down with impunity?
Care to share?
Those pesky laws.
And before you start demanding where the law says that, I posted a link in a previous post.
Nope. I have already quoted the law for you.
"(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23 , a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force." https://codes.findlaw.com/ga/title-1...t-16-3-21.html
No need to prove that they chased him to provoke him. They were the initial aggressors.
The law has more exemptions than the one that you are trying to use.
We don't know if there was no evidence of guns until McMichaels exited the truck. There is video we have not seen.
Of course there is an awful lot we don’t know. That has been a condition of this entire thread.
Quote:
And it cannot be concluded that Arbery was not in fear while being chased. Just being chased by vehicles when one is on foot can certainly be a fearful experience.
I didn’t say that. I was, as I DID say, addressing a component of the aggravated assault charge.
We don't know if there was no evidence of guns until McMichaels exited the truck. There is video we have not seen. And it cannot be concluded that Arbery was not in fear while being chased. Just being chased by vehicles when one is on foot can certainly be a fearful experience.
We do know that at one point of the chase Gregory got out o the cab of the truck and ended up in the truck bed. I believe that was when they were on Burford. We do know that Gregory was armed and that on Burford Arbery turned around and went the other way when they tried to stop him there.
Not to mention when he saw the gun has no bearing on the law. The chase with just the truck can be considered assault under the law, the fact that they had guns, and showed those guns, makes it an aggravated assault.
Seems that people here are trying to say that you can take a few seconds to frame the entire nearly 5 minute situation. The event needs to be taken as a whole from the beginning of the chase to the shooting.
So he deserves to die because he followed a black man and video taped him.
Cool, it's good know you have a standard.
Do lots of people deserve to die for imagined crimes in your world?
Quote:
felony murder doctrine
n. a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. Even if the death were accidental, all of the participants can be found guilty of felony murder, including those who did no harm, had no gun, and/or did not intend to hurt anyone. In a bizarre situation, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder.
Roddy was a participant since he was in on the chase.
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