2010 Georgia Code
TITLE 17 - CRIMINAL PROCEDURE
CHAPTER 4 - ARREST OF PERSONS
ARTICLE 4 - ARREST BY PRIVATE PERSONS
§ 17-4-60 - Grounds for arrest
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
2010 Georgia Code :: TITLE 17 - CRIMINAL PROCEDURE :: CHAPTER 4 - ARREST OF PERSONS :: ARTICLE 4 - ARREST BY PRIVATE PERSONS :: § 17-4-60 - Grounds for arrest
The question for me is two part.
Part 1: were the McMichael's present to witness or have direct knowledge? UNKNOWN but not likely IMO. I think it more likely that R is the first 911 caller and the man seen on the video showing Arbery enter and then exit the open construction site. I
suspect after the first 911 call another was made to the Ms because police did not seem to take the first 911 call seriously enough to suit the caller.
Part 2: Was the offense witnessed or with direct knowledge of a felony? And here is where that citizen's arrest thing grinds to a halt for me. No it was at most a misdemeanor trespass.
then we get to the self defense prong of this case.
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2 - JUSTIFICATION AND EXCUSE
§ 16-3-24 - Use of force in defense of property other than a habitation
O.C.G.A. 16-3-24 (2010)
16-3-24. Use of force in defense of property other than a habitation
(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
(1) Lawfully in his possession;
(2) Lawfully in the possession of a member of his immediate family; or
(3) Belonging to a person whose property he has a legal duty to protect.
(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONS :: ARTICLE 2 - JUSTIFICATION AND EXCUSE :: § 16-3-24 - Use of force in defense of property other than a habitation
This does not apply to this case IMO because the property in question is the construction site, there was no forcible entry and most importantly, GM and TM did not have a "legal duty" to protect it.
A person is not justified in using force, if that person
a)
initially provokes the use of force against himself/herself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
b) is attempting to commit, is committing, or is fleeing after the commission or attempted commission of a felony (define arguable felony); or
c)
was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates his/her intent to withdraw to the other person, and the other person still continues or threatens to continue the use of unlawful force.
O.C.G.A. §~16-3-20, 16-3-21
GA 3.02.10 Justification; Use of Force in Defense of Self or Others – Law of Self Defense
[edited to clean up orig source formatting - too large]
