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So I leave my door unlocked for some dumb reason. A dude wanders by and decides to try my door to find it unlocked. He comes in and sits on my couch to watch TV. He doesn't damage anything. He doesn't threaten me or try to take anything or act like he intends on such. No harm, no foul it seems unless someone can show differently.
He better not drink any of my water. Imma call that theft.
Everything I can find on Georgia's laws on trespass, burglary, and breaking and entering all include the concept that an intent to commit a further illegal act beyond mere entrance is required to be proven.
However, that doesn't mean the jury must read the defendant's mind--an intent to commit an unlawful act is rather broadly assumed by the actions of the individual while in the residence.
But what if he just walked in, laid down on the living room carpet, and fell asleep...and there is no indication that he touched anything at all?
Oh wait. There is a Georgia law against vagrancy and prowling:
Quote:
O.C.G.A. §16-11-36 states that a person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
GA SPJI 2.20.21. Assault, Aggravated (Weapon); Statutory; Extended Definition
A person commits the offense of aggravated assault when that person assaults another person (with a deadly weapon)(with any object, device, or instrument that, when used offensively against a person, is likely to or actually does result in serious bodily injury).
To constitute such an assault, actual injury to the alleged victim need not be shown. It is only necessary that the evidence show beyond a reasonable doubt that the defendant (attempted to cause a violent injury to the alleged victim)(intentionally committed an act that placed the alleged victim in reasonable fear of immediately receiving a violent injury).
The State must also prove as a material element of aggravated assault, as alleged in this case, that the assault was made with (a deadly weapon)(an object, device, or instrument that, when used offensively against a person, is likely to or actually does result in serious bodily injury).
jjrose, does it become more clear and understandable for you if someone other than me posts it?
What if you called up a friend and said I was at the park and a man assaulted me? Then your friend says oh god, are you ok? Yes, I'm fine, he didn't actually touch me. I sure thought he was going to, though. I got out of there speedy-quick.
(Assault in the vernacular isn't the same thing at all as assault in a Georgia courtroom).
Why are you still harping on this? It’s the same thing in Tx.
Cops show up at my door telling me and my husband my stepson was shot in commission of a burglary. Do we just collapse in grief and say ok.
Hell no.
We would want all the facts. When we found out a retired local LEO's son was the shooter, and there was no independent investigation, we would hire a lawyer and proceed from there until all our questions were answered.
If we began to believe there was some corrupt coverup all bets would be off.
That's what I would do as well if it were my son. My boy is dead, I want all the details and those details better make a lick of sense. I don't like to talk violence or make threats, but if someone harms one of my children then that old redneck in me that I keep locked up is going to get out. One thing all rednecks have in common is desire for payback.
My boy wasn't physically harmed, but when a pair of dumb, ignorant, cops went out of their way to humiliate him I was enraged.
Pulled him over because they said the tint was illegal on his side and back window. BS, I had it done and it was well within spec. Besides his side windows were down because it was summertime and hot out. NO A/C in that truck.
Made him get out of the truck and assume the position. Then made snide remarks like, "Now I have seen everything, a Ni&&er driving a monster truck."
Luckily the cops in our town know my son. Hell he grew up with the female cop. They looked into and confirmed that the 2 cops in question were still joking about it. Small town politics. They were both connected to council members. Bullet proof.
Sorry, but you can not start a conflict then cry self defense when someone defends themselves from your assault. Arbery did not start the chase, Arbery tried to get away from the situation, and McMichaels kept escalating.
If following/chasing Arbery constitutes an assault, it seems pretty clear that the assault stopped when the McMichaels were stopped on the road. At that point, Arbery became the aggressor when he ran at and attacked Travis.
So you don't think it makes sense to protect yourself when you are in the process of detaining someone? hahahaha Absolutely amateurish and juvenile to think otherwise.
Depends upon what you are detaining them for?
Detaining them over a simple trespass? Did they even have the right? The GBI says no.
How did they approach the task?
Ever herd cattle into the barn, after they have been out to pasture all spring? Having a dog barking and chasing them, especially one that isn't trained, creates chaos. No maybe to it. I watched a friend get kicked in the face because of it.
No, use a calm approach, low voices, minimal pressure.
Humans aren't so different. Ask most cops. The calm approach in most cases is best.
The McMichaels chased a man for 4 minutes. He didn't know them or why they were doing it. They, by their own words, were shouting at him. Then they jump out with their guns and think it's going to all be ok.
Had Arbery been armed and shot them I would be arguing that it was a good shoot.
If following/chasing Arbery constitutes an assault, it seems pretty clear that the assault stopped when the McMichaels were stopped on the road. At that point, Arbery became the aggressor when he ran at and attacked Travis.
That's not how it works.
The threat continued by them confronting him with their guns in hand. Remember all that is needed is an act that places another in reasonable apprehension of immediately receiving a violent injury. Being confronted with guns in hand would do that after being chased by those same people.
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