Trayvon Martin all over again.

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brycejones

Lifer
Oct 18, 2005
26,700
25,034
136
Not a reasonable person because I don't jump to conclusions unlike others? Or not jumping to the conclusions you want me to jump to? When people post where I make an actual mistake I actually do the reasonable thing and own up to it. Done it a few times in this thread already. Would an unreasonable person do that? I have no problem with dialog, but when people make the same argument over and over that there already discrediting info provided against said info I am not one to be swayed by posts like that.
I am sure that is what you believe.
 
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ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,425
8,388
126
going into a house under construction is a trespass worthy of the death penalty. your wife, dear reader, is just lucky no one was around willing to deliver swift justice.
 
Reactions: BUTCH1

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
Why does it seem only black people are killed for legally carrying? All killed by police in legal carry states

Philando Castillo
Tamir Rice (toy gun)
Jordan Crawford

Marissa Alexander in a stand your ground state fired a warning shot when her husband threatened to kill her went to jail

Meanwhile excuses continue to be made for 2 white guys chasing an unarmed black man down the street and killing him.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Remember the guy who made the video? The guy who's done TV interviews? He's now been arrested for murder as well.


Evidently, the father of the guy who shot Arbury told the police that he was in on the attempt to "stop" Arbury. So they arrested him for felony murder.
 
Reactions: BUTCH1

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
Remember the guy who made the video? The guy who's done TV interviews? He's now been arrested for murder as well.


Evidently, the father of the guy who shot Arbury told the police that he was in on the attempt to "stop" Arbury. So they arrested him for felony murder.

Yes, from a source I found out he was blocking Arbery from running a specific direction and force him to run back the street towards the house he left originally. For reference, he has been trying to play the innocent card here, but he was part of the citizens arrest. That means if the prosecution gets felony aggravated assault it should apply to him Side note, if that charge doesn't stick, then he will get off. Still this presents a dangerous precedent here. Think about it. If you see someone committing a crime and decide to follow to help the cops, but someone else doing the same thing commits a crimes doing while trying to help law enforcement that could lead to you being held responsible. That will be a bad thing in the future. What many people may not realize on this forum, neighborhood groups do a lot to help law enforcement out in preventing crime and helping catch criminals. If someone like Bryan Williams goes to jail for this, it is going to dissuade people from doing anything to help prevent crime in the future so they don't get potentially associated with something that lands them in jail too. If any other poster here doesn't see how this can be a very bad thing I can only think those people like criminals and crime.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Yes, from a source I found out he was blocking Arbery from running a specific direction and force him to run back the street towards the house he left originally. For reference, he has been trying to play the innocent card here, but he was part of the citizens arrest. That means if the prosecution gets felony aggravated assault it should apply to him Side note, if that charge doesn't stick, then he will get off. Still this presents a dangerous precedent here. Think about it. If you see someone committing a crime and decide to follow to help the cops, but someone else doing the same thing commits a crimes doing while trying to help law enforcement that could lead to you being held responsible. That will be a bad thing in the future. What many people may not realize on this forum, neighborhood groups do a lot to help law enforcement out in preventing crime and helping catch criminals. If someone like Bryan Williams goes to jail for this, it is going to dissuade people from doing anything to help prevent crime in the future so they don't get potentially associated with something that lands them in jail too. If any other poster here doesn't see how this can be a very bad thing I can only think those people like criminals and crime.

What you're complaining about is a long time feature of the felony murder rule. It's application is controversial in many cases.

Now that I'm thinking about it, I'm not so sure there isn't a way out for him, and possibly the father as well, even if the son is convicted of murder. For the rule to apply, you don't have to be the killer, but you do have to participate in the underlying felony. In this case, that is supposed to be an assault. He can argue, look, I tried to help them stop the guy so they could make a citizens arrest, but I had no idea that either of the guys in the truck would brandish a shotgun. He might even argue, plausibly or not, that he didn't even know they had the guns until right when the confrontation occurred and at that point he was no longer a participant. He and the father both have to be guilty of the assault, or at least, conspiracy to commit the assault, for the murder to automatically apply to them. They'll say he was an accomplice to it, but whether that is true will depend on the evidence.

Not sure if that defense will work because they'll say he knew about the guns and should have known that either father or son would use them if necessary, but it's a possible argument.
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
Yes, from a source I found out he was blocking Arbery from running a specific direction and force him to run back the street towards the house he left originally. For reference, he has been trying to play the innocent card here, but he was part of the citizens arrest. That means if the prosecution gets felony aggravated assault it should apply to him Side note, if that charge doesn't stick, then he will get off. Still this presents a dangerous precedent here. Think about it. If you see someone committing a crime and decide to follow to help the cops, but someone else doing the same thing commits a crimes doing while trying to help law enforcement that could lead to you being held responsible. That will be a bad thing in the future. What many people may not realize on this forum, neighborhood groups do a lot to help law enforcement out in preventing crime and helping catch criminals. If someone like Bryan Williams goes to jail for this, it is going to dissuade people from doing anything to help prevent crime in the future so they don't get potentially associated with something that lands them in jail too. If any other poster here doesn't see how this can be a very bad thing I can only think those people like criminals and crime.
The problem is he claimed he did not know the gruesome twosome were armed and "barely knows" the McMichael's, tough sell in court. I also doubt neighborhood watch programs will be affected very much either, their training from local cops is to INFORM a LEO about possibly suspicious person(s) NOT follow and engage them with a loaded fucking shotgun. Anyone can be an effective neighborhood watch participant without the degree of lunacy displayed by these three idiots and your insinuation of "I hope you like crime" is laughable.
 

HurleyBird

Platinum Member
Apr 22, 2003
2,726
1,342
136
Remember the guy who made the video? The guy who's done TV interviews? He's now been arrested for murder as well.


Evidently, the father of the guy who shot Arbury told the police that he was in on the attempt to "stop" Arbury. So they arrested him for felony murder.

It's ironic that this guy's lawyer leaked the video that started the whole commotion. What a dummy!

That said, I think the prosecutors are probably overplaying their hand here. Felony murder is a terrible doctrine in general, but it's not something that often catches the public eye. It's absurd that there are all of these conditions based on state of mind to delineate various degrees of murder and manslaughter, and then you can go and charge someone who didn't pull the trigger, didn't have any intent to kill anyone, nor any control over the person who did, with what is effectively first degree murder.

Legally, if they have a good case that the citizen's arrest attempt was a felony, the prosecutors can apply this doctrine even if it's a bad one. But I think this could ultimately backfire and make it more difficult to convict the McMichaels. It makes things more complicated for one, and it lends to the perception that the prosecutors are being heavy handed because of public outrage. It's much easier to put yourself in the shoes of the guy who followed his neighbours and recorded the incident, felt so bad about the way it went down that the video got released, etc. than it is the two gun-totting vigilantes.
 

interchange

Diamond Member
Oct 10, 1999
8,022
2,872
136
You fail to also understand the part that by Georgia law, a citizen can use a gun to affect a citizens arrest. They can even brandish a firearm (aka point it) if the arrest is about a felony or reasonable person can believe the criminal offender could be armed at the time.

Please post the relevant Georgia code or case law to this effect.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
It's ironic that this guy's lawyer leaked the video that started the whole commotion. What a dummy!

That said, I think the prosecutors are probably overplaying their hand here. Felony murder is a terrible doctrine in general, but it's not something that often catches the public eye. It's absurd that there are all of these conditions based on state of mind to delineate various degrees of murder and manslaughter, and then you can go and charge someone who didn't pull the trigger, didn't have any intent to kill anyone, nor any control over the person who did, with what is effectively first degree murder.

Legally, if they have a good case that the citizen's arrest attempt was a felony, the prosecutors can apply this doctrine even if it's a bad one. But I think this could ultimately backfire and make it more difficult to convict the McMichaels. It makes things more complicated for one, and it lends to the perception that the prosecutors are being heavy handed because of public outrage. It's much easier to put yourself in the shoes of the guy who followed his neighbours and recorded the incident, felt so bad about the way it went down that the video got released, etc. than it is the two gun-totting vigilantes.

Yes, at the margins, the felony murder rule can be quite harsh. It varies depending on jurisdictions. There are cases where someone goes to rob a convenience store with an unloaded gun, never meaning to shoot anyone, but the cashier has a gun, fires at the robber, accidentally hits and kills another patron. And the robber goes down for first degree murder. The law correctly views the robber as being responsible for the death, but in reality the responsibility is indirect and more akin to manslaughter.

At its core, the rule is meant to deter the commission of the underlying felony, particularly the types of felonies for which harm and death are reasonably foreseeable. But most jurisdictions don't even limit the rule to certain types of felonies. And since most people don't understand the rule very well, the deterrence value is limited. I favor a more narrowly constructed felony murder rule.

Like I said above in reply to HP, I think there's a good argument here that the underlying felony of assault was personal to the son. It arguably consisted of a spur of the moment decision to jump out and brandish the firearm, which is the "threat" which may qualify it as an assault. If that decision really was spur of the moment, then I don't see the father or the video man as being participants. In that scenario, they would likely take some kind of misdemeanor like false imprisonment or false arrest but that's all.
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
Yes, at the margins, the felony murder rule can be quite harsh. It varies depending on jurisdictions. There are cases where someone goes to rob a convenience store with an unloaded gun, never meaning to shoot anyone, but the cashier has a gun, fires at the robber, accidentally hits and kills another patron. And the robber goes down for first degree murder. The law correctly views the robber as being responsible for the death, but in reality the responsibility is indirect and more akin to manslaughter.

At its core, the rule is meant to deter the commission of the underlying felony, particularly the types of felonies for which harm and death are reasonably foreseeable. But most jurisdictions don't even limit the rule to certain types of felonies. And since most people don't understand the rule very well, the deterrence value is limited. I favor a more narrowly constructed felony murder rule.

Like I said above in reply to HP, I think there's a good argument here that the underlying felony of assault was personal to the son. It arguably consisted of a spur of the moment decision to jump out and brandish the firearm, which is the "threat" which may qualify it as an assault. If that decision really was spur of the moment, then I don't see the father or the video man as being participants. In that scenario, they would likely take some kind of misdemeanor like false imprisonment or false arrest but that's all.

Does the father get any charges for firing his weapon?
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Does the father get any charges for firing his weapon?

Did he fire? If so, I missed that element of the facts.

The answer is yes, that alone is at a minimum felony assault. It will make it much tougher for him to distance himself from the son's underlying felony and escape felony murder.

But my argument still holds for the video man.
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
Did he fire? If so, I missed that element of the facts.

The answer is yes, that alone is at a minimum felony assault. It will make it much tougher for him to distance himself from the son's underlying felony and escape felony murder.

But my argument still holds for the video man.
He will have to convince a Jury that he knew that they were unarmed, knowing the father was employed as a LEO and prosecutor before he retired, this might not be easy. Helping to, (or attempting to help) funnel Arbery into the path of the gruesome twosome is why he eventually got charged.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
It never occurs to him to view the situation from the victim does it? He’s always viewing from the point of the armed guys in the truck “protecting their neighborhood” and never the guy out for a jog.

Another example of inherent bias.
correction -- He’s always viewing from the point of the white armed guys in the truck “protecting their neighborhood”
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
Couple things to break down here. The reasonable and probable clause relates to it all. Felony or midemeanor. Direct witness or with "immediate knowledge" relates to both. Direct witness is far easier to defend against I'll grant that. But immediate knowledge is a defense here as well. Greg stated he saw arbery hauling ass past his porch in his statement to the police. He said he immediately recognized him from the footage as well of previous trespassing attempts. I don't know how the argument will turn out in court for defense on immediate knowledge or not here. It can go very badly for the two if the jury don't think it is a valid defense in this scenario. I still find it unlikely given the circumstances, but could turn out that way.

However, you are committing a logic fallacy here. We don't know if the McMichaels presented firearms here. Presenting implies escalation of force. Carrying isn't considered use of force. It could very well be that there is evidence, like witness testimony still not released, that state if the McMichaels aimed their guns during part the chase or as Travis got out. The video we the public have seen doesn't show that though. Doesn't mean it didn't happen since the video wasn't showing the actions of the McMichaels during the entire encounter. I've already stated for misdemeanor citizen's arrest I feel a jury would certainly not consider presenting a firearm as a reasonable escalation of use of force so far if one can be proven to have happened. Lastly though on this point. Even if the McMichaels did aim their firearm(s) at Arbery during some point of the chase, if it confirmed with other evidence we don't know about yet that Arbery had stolen something then dumped along the way, or the McMichaels could reasonably believe (by a jury of their peers) that Arbery was running from a felony and not a misdemeanor (like say Perez told them "He's running because he stole something!") then the escalation of force would be justified by them.

For reference on Georgia's brandishing law:

(https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-4/part-1/16-11-102/)

Different states have different laws regarding brandishing. In Georgia you have to POINT your weapon and have no legal justification in doing so. The mere act of carrying a long gun in hand in Georgia is not brandishing or presenting there.

As I said before, there is a lot of evidence I know hasn't been released to the public and we'll see what plays out in court.
That is a bull shit statement! You do not know anymore than the rest of us.....dmn I sure hope your handlers are paying you by the word.....
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
Yes, from a source I found out he was blocking Arbery from running a specific direction and force him to run back the street towards the house he left originally. For reference, he has been trying to play the innocent card here, but he was part of the citizens arrest. That means if the prosecution gets felony aggravated assault it should apply to him Side note, if that charge doesn't stick, then he will get off. Still this presents a dangerous precedent here. Think about it. If you see someone committing a crime and decide to follow to help the cops, but someone else doing the same thing commits a crimes doing while trying to help law enforcement that could lead to you being held responsible. That will be a bad thing in the future. What many people may not realize on this forum, neighborhood groups do a lot to help law enforcement out in preventing crime and helping catch criminals. If someone like Bryan Williams goes to jail for this, it is going to dissuade people from doing anything to help prevent crime in the future so they don't get potentially associated with something that lands them in jail too. If any other poster here doesn't see how this can be a very bad thing I can only think those people like criminals and crime.
From a source that is too funny....it had already been published....rofl...your too funny!
What are you some sort of Deputy Dawg detective......rofl.....pathetic
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
Did he fire? If so, I missed that element of the facts.

The answer is yes, that alone is at a minimum felony assault. It will make it much tougher for him to distance himself from the son's underlying felony and escape felony murder.

But my argument still holds for the video man.

I wasn't following the entire conversation, just curious what the guy in the truckbed discharging his firearm would render
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
I wasn't following the entire conversation, just curious what the guy in the truckbed discharging his firearm would render

The guy in the truck bed was the father Gregory McMichaels. He never fired a shot in that encounter. Only the shotgun held my his son Travis discharged. It discharged 3 verified shots at Arbery.


All three shotgun shots wounded Arbery in different places.
 
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ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
The guy in the truck bed was the father Gregory McMichaels. He never fired a shot in that encounter. Only the shotgun held my his son Travis discharged. It discharged 3 verified shots at Arbery.


All three shotgun shots wounded Arbery in different places.

Ok, when I watched the video, it looked like the guy in the truck fired two shots
 
Reactions: JEDIYoda

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
What is really sick about this thread is that we have some real sicko`s who was this to be a justified assassination...
 
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LightPattern

Senior member
Feb 18, 2013
413
17
81
What is really sick about this thread is that we have some real sicko`s who was this to be a justified assassination...

From the trial, Trayvon made it home safe. Then turned around to attack GZ. Closed a distance of at least several houses before pinning him to the ground. Leaving no choice but what followed.

These men chased down a man and directly confronted him.

That's a huge difference in the setup and who should ultimately be responsible for the outcome. These men should be hanged.

I agree with Jaskalas with the info we have so far.

Very different cases and the title thread is misleading people to instigate arguments from their prior bias of Trayvon's case.
 

JEDIYoda

Lifer
Jul 13, 2005
33,982
3,318
126
I agree with Jaskalas with the info we have so far.

Very different cases and the title thread is misleading people to instigate arguments from their prior bias of Trayvon's case.
My comment was concerning this present case! Obviously comprehension is not one of your strong suits!
The thread title is only misreading if you enter the thread without reading through the thread......duh
 
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