GA - Ahmaud Arbery, 25, jogger, fatally shot by former PD and son, Brunswick, Feb 2020 #2

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McMichael lived next door. Did he know someone went inside the building by telepathy? NO... Burglary is a felony.

Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.

For example, Dan enters Victor's boathouse through an open window, intending to steal Victor's boat. Finding the boat is gone, Dan returns home. Though he took nothing, Dan has committed burglary.
Link please.
 
He showed no intent to commit a felony or theft inside. They never any accused him of burglary, just trespassing.
Show us the police calls where someone accused someone of trespassing. Never happened. Instead a neighbor saw someone going into a building they were not supposed to be in.


Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.

For example, Dan enters Victor's boathouse through an open window, intending to steal Victor's boat. Finding the boat is gone, Dan returns home. Though he took nothing, Dan has committed burglary.
 
Show us the police calls where someone accused someone of trespassing. Never happened. Instead a neighbor saw someone going into a building they were not supposed to be in.


Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.

For example, Dan enters Victor's boathouse through an open window, intending to steal Victor's boat. Finding the boat is gone, Dan returns home. Though he took nothing, Dan has committed burglary.
Link please.
 
Georgia actually does not require much in the way of keeping track of firearms, specifically because their lawmakers have felt that being required to keep serial numbers other than at original point of sale is a kind of de facto registration. Travis was in the Georgia norm regarding his gun ownership and, and obviously better than his father.
But given that, why even bother to report the handgun stolen?
If you own a gun in GA you spend the $20 to transfer it as you don't want it attached to you if it is used for wrong.
 
He bleed out and died and that ended the event. He did not "fall". He bleed out losing blood perfusion to his brain and had a syncopal event related to hypovolemic shock secondary to a GSW which caused internal exsanguination.

I disagree. If Roddy was suppose to be this innocent concerned neighbor, he had zero idea if Arbery was actually dead or what the McMichael's next move might be when they approach the victim's body. Why not keep recording until officers are on the scene? A report by one of the officers arriving at the scene said the call said victim bleeding out, and short time later informed him the victim was dead. This entire event was mere seconds once Arbery passed the front of the vehicle, there was nothing to say the next 10 or 20 seconds might also end up important. Except the two suspects start to approach the victim and "poof" he stops recording.
 
The important part is there. The video made by William Bryan clearly shows the shooting in real-time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck . A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The shot is through Arbery s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip , the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video , the angle of the 2nd shot with the rear of the butt-stock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun . The angle of the shots and the video show this was from the beginning or almost immediately became-- a fight over the shotgun .


Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/ 16th to 1/ 8th of one inch to fire weapon himself and in the height of an altercation this is entirely possible .

The first shot was fired while they were blocked by the truck. At best you can see one foot of Travis.
 
I disagree. If Roddy was suppose to be this innocent concerned neighbor, he had zero idea if Arbery was actually dead or what the McMichael's next move might be when they approach the victim's body. Why not keep recording until officers are on the scene? A report by one of the officers arriving at the scene said the call said victim bleeding out, and short time later informed him the victim was dead. This entire event was mere seconds once Arbery passed the front of the vehicle, there was nothing to say the next 10 or 20 seconds might also end up important. Except the two suspects start to approach the victim and "poof" he stops recording.
Read the coroners report when it comes out and then when it states the GSW hits either the aorta or the heart it will explain it <modsnip>
 
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The first shot was fired while they were blocked by the truck. At best you can see one foot of Travis.

<modsnip>


A brief skirmish ensues in which it appear Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael The first shot is through Arbery s right
hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip , the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video , the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun . The angle of the shots and the video show this was from the beginning or almost immediately became-- a fight over the shotgun . Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law , McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know
who caused the firings. Arbery would only had to pull the shotgun approximately 1/ 16th to 1/ 8th of one inch to fire weapon himself and in the height of an altercation this is entirely
possible.
 
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Did AA commit burglary in your view?
I have not seen the 4 1/2 minutes of video when he was inside. If they have previous video of him taking anything this will be a slam dunk on intent, Otherwise it is up in the air .
 
Georgia burglary laws distinguish between three forms of burglary, first degree burglary, second degree burglary, and "smash and grab" burglary.

The elements for first degree burglary include:

  1. Entering or remaining in an occupied, unoccupied, or vacant dwelling house of another or any other dwelling structure; and
  2. The intent to commit a felony or theft inside.
The GA citizens arrest statute does not support making a citizens arrest based assuming an intent beyond what is witnessed or within immediate knowledge.
 
<modsnip> Look at 0:18 on the tape. Arbery IMMEDIATELY turns in left at the front of the truck and goes at McMichael. Look on a large screen...not a cell phone. Very obvious
 
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Thank you for the much needed correction.

In addition to the written law (which as you pointed out, is expansive in what powers it gives citizens "any offense"), the Georgia Supreme Court has made several rulings regarding citizens arrest.

These include at least two cases where the Georgia Supreme Court found that the amount of force used was not warranted by the totality circumstances (shooting a shoplifter, using baseball bat on a fleeing burglar).

What Is Georgia's Citizens Arrest Law ⁠— And Why Are There Calls To Repeal It?

In the end, the written law in regards to citizens arrests seems to have been supplemented by case law.

Two different issues. Here, the defendants will argue that the situation turned from a citizen's arrest situation, where their use of force would have to be reasonable under the circumstances, to a self-defense situation --which makes the degree of force used under the citizen's arrest inquiry irrelevant. In other words, they will not be arguing that they were justified in shooting AA because they were arresting him for committing a trespass or burglary. They will argue they shot him because he was going to shoot them with their own gun. jmo
 
Arbery passed on the right of the truck, crossed in front of the truck to his his left and attacked. Sound in this clip and it shows not shot fired until the attack happened. Second and third shots are justified after that especially since the boxer Arbery continued attack and chasing the victim around. Take a good look at it:


Use the actual YT and use the tools menu to slow the video down to 0.25. At the 19 second mark Arbery goes out of sight as he passes the truck. At the 20 second mark the first shot is heard. You can see Travi's foot. Still within the 20 second mark Travis is seen backing up, you can finally see his entire body but all you can see of Arbery is his shoulders/head through the window and feet , finally at the 21 second mark both are visible and wrestling the gun. So imo you would need x ray vision to see what either of the two were doing when that first shot is heard.
 
Oh really?


OCGA 17 -4 -60 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 arresthim upon reasonable and probable grounds of suspicion.

McMichael lived NEXT door. If he responde that quick he seen something.

He didn't even have to see it. A text or phone call from someone who DID see it would be sufficient. I posted the Georgia case a page or two back.
 
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