Trayvon Martin all over again.

Page 24 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
 
Reactions: Pohemi

Pohemi

Diamond Member
Oct 2, 2004
9,374
12,772
146
Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
I get my news from everywhere. This just happened to be a good break down of the evidence entered.
Fuck off, clown.
 

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
First off I don't believe it until it's from a credible source.

However let's say it was true the goons who hunted him down and killed him would not have known so they had no basis for their actions.

I love how you keep trying to play "pin the tail on the black guy" even with information from questionable sources. I heard Alex Jones has updates on this case.
 

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
Is there anytime you take the side of black people? Just curious.
 

fskimospy

Elite Member
Mar 10, 2006
84,807
49,496
136
Is there anytime you take the side of black people? Just curious.
The progression is the same in every thread about a killing like this. He starts out saying 'I can't say either way', then he goes and reads white power websites for a while and then comes back here more and more convinced that the black person deserved it.
 

sdifox

No Lifer
Sep 30, 2005
96,166
15,775
126
I am going to put together a YouTube video alleging HumblePie molests goats and then have a stallion molest him.
 
Reactions: Pohemi

interchange

Diamond Member
Oct 10, 1999
8,022
2,872
136
Whether or not Arbery or Floyd or anyone else killed by police (or in this case citizens attempting to fill are police role) are the scum of the Earth are not at issue. The issues are whether the police/citizens actions were criminal, identifying and correcting systemic biases which create inequities in the application of criminal justice, and more broadly looking at how criminal justice can be best reformed for the benefit of the country as a whole.

Arbery's prior criminal actions are relevant only insomuch as was within the minds of his pursuers. The statute does read (assuming immediate knowledge does not apply) "if the offense is a felony", but here establishing Arbery's guilt for said felony is not at issue. With good reason, you couldn't expect someone to be held criminally liable because their citizen's arrest did not lead to felony conviction. Yet, that doesn't either grant carte blanche for anyone to employ a citizen's arrest without grounds to do so, hence the statute goes on to read: "a private person may arrest him upon reasonable and probable grounds of suspicion". So, if they were attempting to arrest him for suspicion of a felony (burglary?), what the defense needs to prove (citizen's arrest as an affirmative defense) is that they had reasonable and probable grounds of suspicion. Thus, Arbery's prior actions speak to this only to the extent that they are known by the defendants.

That said, I could imagine an argument that prior record should be admitted because it lends credence to the observations of his behavior at the construction site as indicative of criminal intent. Still, introducing this information at trial would be highly prejudicial. I'm wondering if someone with greater legal expertise than me can comment further.

Of course, whether or not citizen's arrest could possibly apply here is irrelevant if the prosecution cannot prove their case first. Here, they are multiple charges applied against them. They include malice murder, but that seems unlikely to hold to me. Since they also include felony murder and other felonies (aggravated assault, false imprisonment), the key here is to prove at least one felony. Since there is no doubt Arbery died as a direct consequence of these actions, felony murder would attach if any felony could be proven.

In addition to citizen's arrest defense, they might also try a self defense defense.
 
Reactions: dank69

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.

Not "entered into the case." Subject to a pending motion, according to your youtuber. It's a motion which I suspect will be denied as irrelevant, because the defendant's right to use deadly force is likely based on what they knew at the time, not based on prior alleged acts of Arbury of which they had no knowledge. And all they knew at the time was that Arbury was apparently guilty of misdemeanor trespass onto a construction property, just as others in the neighborhood were also guilty. Your youtuber, who is not a lawyer, completely misses this.
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
Hmm, seems no legit news outlet has a speck of any story on this, your idiot pal on you-tube thinks that because AA's past might be checkered a jury will understand and acquit the "goon squad" , they won't, they had no knowledge of his past, good or bad, as they stalked him down. Even more laughable when he says AA chose to confront rather than turn around, fucking moron, goon squad member #3 has already admitted to striking AA with his vehicle when he tried to jog in a different direction.
 
Reactions: Pohemi

Torn Mind

Lifer
Nov 25, 2012
11,782
2,685
136
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.
It's a notice of intent, not a final decision.
 

Lanyap

Elite Member
Dec 23, 2000
8,128
2,167
136
New evidence entered into the case.


Seems that Ahmaud had a history of burglarizing stores and homes. He had a history of pretending to be a "jogger" while doing so. That now define an MO and thus is allowable evidence for mens rea for determining in court that as he was entering the domicile construction area that his intent was to steal something as he has done multiple times in the past under the same pattern. Which ups everything he was doing to a felony now at the time. So any arguments about the citizens arrest statute for being for felonies (which was never the case but the media seemed to want it to be) as an argument is gone.





So black guy with MO and felony criminal record jogs into a new house under construction and doesn’t take anything or damage anything. Local rednecks see him, grab their guns and start following him, confront him and shoot him dead.

Seriously, if you were one of the white guys with a gun would you have confronted this black guy under the circumstances known to them at the time and shot and killed him? What if he was running away carrying an air conditioning unit or any thing of any value from a new house under construction would you have killed him like the white guy did?
 
Last edited:

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
So black guy with MO and felony criminal record jogs into a new house under construction and doesn’t take anything or damage anything. Local rednecks see him, grab their guns and start following him, confront him and shoot him dead.

Seriously, if you were one of the white guys with a gun would you have confronted this black guy under the circumstances known to them at the time and shot and killed him? What if he was running away carrying an air conditioning unit or any thing of any value from a new house under construction would you have killed them like the white guy did?
Yes he would. As long as he had help. Any black man shot is a good shoot
 
Reactions: nickqt

Pipeline 1010

Golden Member
Dec 2, 2005
1,935
766
136
A man may or may not have trespassed through an open space and taken something.
So he can be hunted down and executed?

A lot of people think yes, he deserves to be executed. I was at a party listening to a couple of cops (off duty) talking about how happy they were that some local kid got shot in the back of the head at 50 yards while running away from the car he was trying to break into. The owner of the car caught him trying to break in, scared him off, and as he ran away (no longer a threat), the owner of the car executed him from behind (at pretty long distance for a pistol). These cops were bragging about how it was one hell of a shot and how they are so happy the kid died and how the investigator on the scene was coaching the shooter to say things like "I feared for my life."

There are literally lots of people who believe that this execution is good. And lots of those people wear badges.

I think we need to get beyond the "wow, that's shocking" phase and into the "what do we do about it" phase.
 

Pohemi

Diamond Member
Oct 2, 2004
9,374
12,772
146
There are literally lots of people who believe that this execution is good. And lots of those people wear badges.

I think we need to get beyond the "wow, that's shocking" phase and into the "what do we do about it" phase.
I would agree, but the shock and surprise might not go away too easily. It isn't just shock that police would do some of these actions, but that another human being would do it. The fact that we rely on these people to keep our society safe just adds to that shock and surprise because we hold them to higher standards.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
A man may or may not have trespassed through an open space and taken something.
So he can be hunted down and executed?


And you think his past makes a difference?
Do you know how sick your thought process is?

I never said he could be hunted down and executed. You are the one injecting hyperbole here. Along with everyone else. The issue at hand was that Ahmaud had a felony history of burglarizing houses and stores while pretending to be a jogger. The neighborhood KNEW who he was and had actually given him a nickname for it called "the jogger." George McMichael while he was previously working the case on Ahmaud would have history and knowledge to all this.

Every place in the US and most freedom based countries, allow common citizens to affect a "citizen arrest" to varying degrees. For example, if you feel someone trying to reach into your pocket to steal your wallet and then you grab their arm to stop them. That is a citizen arrest. Defining how a citizen arrest has to be carried out is what allows for problems with the legal system. The fact is, citizens in most countries can affect an arrest for a crime they know of. In Georgia, this includes crimes reported to them as they are happening like in the example in the video I posted where the guy talks about a theft at a Win Dixie and the ruling there where the crime was reported to the employees to handle. If you tell an employee at a store that you witness someone stealing something while they are still in the store, that person can affect an arrest. That is legal everywhere in the US. The point I was making, especially with the video, is trying to focus on what the real issues at hand were. The prosecution at this point is trying to prove that Travis getting out of his vehicle with a gun in hand escalated the situation to make that a criminal aggravated assault since the weapon was pointed in the general direction of Ahmaud. If the prosecution can prove that, then it makes it then easier to tack on felony murder charges. The only way the prosecution is going to be able to do that is by proving intent on behalf of Travis that he was intending by getting out to use the gun in the first place regardless. Meaning that Travis had the intent to harm Ahmaud there regardless of Ahmaud's actions up to that point. On a side note, the idea of felony murder charges when you can't prove murder is stupid in various legal systems, but it is there for Georgia still.

The case at this point isn't that the McMichael's have a right to affect a citizens arrest on Ahmaud. The case is about HOW they went about it. That is how it is playing out in court now. Personally, from a legal standpoint I don't see the prosecution at this point winning on any charge. Still, as I have stated before, I don't think what Travis did to step out of the vehicle was the right thing to do. They had him contained, knew the cops would be there soon enough, and Travis knew he could have been easily arrested later even if Ahmaud managed to slip away from them. Again, he was a KNOWN entity. That is why I find the action of Travis to be a complete block head move. I understand that it could have been an adrenaline and heat of the moment thing for him to step out of the vehicle to personally confront Ahmaud. Still, I think he was an idiot for doing so. Just because one is in the heat of the moment it doesn't excuse bad decisions.

With the evidence presented thus far, I am still saying that legally nothing is going to happen to the McMichaels in this case in terms of criminal charges sticking.
 
Last edited:

HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
Every place in the US and most freedom based countries, allow common citizens to affect a "citizen arrest" to varying degrees.
Not if you're black. We can't even be security guards without police coming upon the scene and killing the first black person they see. That's isn't hyperbole, it actually happened.

Also his past is NOT the issue because that doesn't allow a "citizens execution" which is what happened. Time and time again you take great efforts to justify the killing of black people.
 

ch33zw1z

Lifer
Nov 4, 2004
37,995
18,344
146
Not if you're black. We can't even be security guards without police coming upon the scene and killing the first black person they see. That's isn't hyperbole, it actually happened.

Also his past is NOT the issue because that doesn't allow a "citizens execution" which is what happened. Time and time again you take great efforts to justify the killing of black people.

When citizens arrest becomes armed citizens murder, you gotta blame the victim if they're genetically inferior. It's in the race realist playbook.
 
Reactions: Pohemi

sportage

Lifer
Feb 1, 2008
11,493
3,159
136
In America you can easily find white people that love to kill black people. It's like the old American pastime. And sometimes one white guy is not enough so they band together and come up with catchy names like The KKK, or The Confederacy, or The Republican Party. Really catchy names....
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |