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

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<modsnip: rude and personalizing>


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.

Your own video disputes what you're saying. The first shot is not when you can see the two wrestling the gun. It's while they are blocked by the truck.
 
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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.

Travis' house 230 Satillo is four houses south of 220 Satillo, English's house. Its 450 ft of separation.

GM needed someone to tell him that there was trespassing.
 
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

IMO the only thing that authorized the use of force was when McMichael was attacked but OCGA 16 - 3- 24 [b ] may be pertinent. When he attacked it was not even a issue with the use of force as it was justified. McMichael('s) could very well sue the state for false arrest. (OCGA 16 - 3- 24 .2)


OCGA 16 - 3- 21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others

OCGA 16 - 3- 23 . 1Georgia' s No Duty to Retreat Law , an individual isnot required to back away from or submit to an attack;

OCGA 16 - 3- 24 [b ] The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortuous 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.

OCGA 16 - 3- 24 .2 A person properly and legally defending themselves is immune from prosecution
 
IMO the only thing that authorized the use of force was when McMichael was attacked but OCGA 16 - 3- 24 [b ] may be pertinent. When he attacked it was not even a issue with the use of force as it was justified. McMichael('s) could very well sue the state for false arrest. (OCGA 16 - 3- 24 .2)


OCGA 16 - 3- 21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others

OCGA 16 - 3- 23 . 1Georgia' s No Duty to Retreat Law , an individual isnot required to back away from or submit to an attack;

OCGA 16 - 3- 24 [b ] The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortuous 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.

OCGA 16 - 3- 24 .2 A person properly and legally defending themselves is immune from prosecution

It certainly looks that way to me. It appears to me that AA changed over to the right side of the truck so that he could come up on Travis from the side by surprise, rather than running straight at him like he was doing before he went to the right of the truck. But that's just how I see it.
 
Travis' house 230 Satillo is four houses south of 220 Satillo, English's house. Its 450 ft of separation.

GM needed someone to tell him that there was trespassing.
Good catch. I read the wrong info as I heard they were next door.

My guess on this is the person across the street who was on video.
 
It certainly looks that way to me. It appears to me that AA changed over to the right side of the truck so that he could come up on Travis from the side by surprise, rather than running straight at him like he was doing before he went to the right of the truck. But that's just how I see it.

AA was pursued to Burford and Satillo where he was blocked, evaded the Ms and evaded WB.
WB ended behind AA on Holmes taking video with AA trapped between the truck and WB with everyone headed south toward Satillo. GM was in the truck bed with a 357.
 
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.

There are too many factual mistatements in your posts to even keep track of. The MMs did not live next door to English's property. LE implicitly and/or explicitly specified for each incident that the violation was NOT burglary. Etc. Etc..
 
AA was pursued to Burford and Satillo where he was blocked, evaded the Ms and evaded WB.
WB ended behind AA on Holmes with AA trapped between the truck and WB with everyone headed south toward Satillo. GM was in the truck bed with a 357.

I'm missing the connection between what I said and what you're saying here. What I see is that at the beginning of the video AA was running nearer the left side of the road straight toward where Travis was standing. AA then went right to run up the right side of the truck and turned left toward Travis when he got to the front of the truck instead of continuing to run straight.
 
It certainly looks that way to me. It appears to me that AA changed over to the right side of the truck so that he could come up on Travis from the side by surprise, rather than running straight at him like he was doing before he went to the right of the truck. But that's just how I see it.
Rapid quick move in front of the truck attacking McMichael. Close up of his feet when he tirned.

https://i.imgur.com/P35D0hZ.jpg
 
I'm missing the connection between what I said and what you're saying here. What I see is that at the beginning of the video AA was running nearer the left side of the road straight toward where Travis was standing. AA then went right to run up the right side of the truck and turned left toward Travis when he got to the front of the truck instead of continuing to run straight.


He appears to be attempting to get by them again.
Maybe another video angle will help.
What was said when he passed by?
Was the 357 being chambered and the shotgun racked?
MOO he wanted to live and that is why he fought.
Men pursuing him that way was very threatening even without firearms.
MOO WB behind him also was armed.
 
He appears to be attempting to get by them again.
Maybe another video angle will help.
What was said when he passed by?
Was the 357 being chambered and the shotgun racked?
MOO he wanted to live and that is why he fought.
Men pursuing him that way was very threatening even without firearms.
MOO WB behind him also was armed.

Is there another video angle? If so, can you please share it?

Obviously, no one except those who were there have any idea what, if anything, was said or heard. And certainly, no one can get into AA's head. Personally, I have no idea why he didn't just stop running and wait for the police rather than foolishly attempting to take on someone with a weapon. They had plenty of chances to have shot him already if that's what they intended to do. Plus, AA was on a residential street with lots of houses close together in a suburban area of Georgia, not by himself in some remote backwoods. Imo, the M's were probably shocked that AA tried to take Travis's gun. I don't think they intended for it to end like that, at all. all jmo
 
He appears to be attempting to get by them again.
Maybe another video angle will help.
What was said when he passed by?
Was the 357 being chambered and the shotgun racked?
MOO he wanted to live and that is why he fought.
Men pursuing him that way was very threatening even without firearms.
MOO WB behind him also was armed.

Scope it out. When he got by the truck he did a HARD left.
https://i.imgur.com/P35D0hZ.jpg
 
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Rapid quick move in front of the truck attacking McMichael. Close up of his feet when he tirned.

https://i.imgur.com/P35D0hZ.jpg

Travis stopped his truck in front AA to block him from proceeding.
Travis got out of the truck to stop AA with the threat of the shot gun.
We can't see the first shot or hear what was said.


GM is in the truck bed.
 
Is there another video angle? If so, can you please share it?

Obviously, no one except those who were there have any idea what, if anything, was said or heard. And certainly, no one can get into AA's head. Personally, I have no idea why he didn't just stop running and wait for the police rather than foolishly attempting to take on someone with a weapon. They had plenty of chances to have shot him already if that's what they intended to do. Plus, AA was on a residential street with lots of houses close together in a suburban area of Georgia, not by himself in some remote backwoods. Imo, the M's were probably shocked that AA tried to take Travis's gun. I don't think they intended for it to end like that, at all. all jmo

I would have ran the other way. Time to look at some more things here. Where did AA live and why was he running in a neighborhood that was not his own?
 
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.
McMichael did not live next door.
 
Is there another video angle? If so, can you please share it?

Obviously, no one except those who were there have any idea what, if anything, was said or heard. And certainly, no one can get into AA's head. Personally, I have no idea why he didn't just stop running and wait for the police rather than foolishly attempting to take on someone with a weapon. They had plenty of chances to have shot him already if that's what they intended to do. Plus, AA was on a residential street with lots of houses close together in a suburban area of Georgia, not by himself in some remote backwoods. Imo, the M's were probably shocked that AA tried to take Travis's gun. I don't think they intended for it to end like that, at all. all jmo

Georgia law on what constitutes felony murder is entirely indifferent about what outcome the MMs intended.

And BTW. It's untrue that only those there know what was said. The 911 recording has sound. And the death/murder video has sound. And what can be heard on the death video, besides GM's exclamation of "Travis!" is another voice yelling- "stop running, s-hithead!" just before that first shot is fired.
 
Georgia law on what constitutes felony murder is entirely indifferent about what outcome the MMs intended.

And BTW. It's untrue that only those there know what was said. The 911 recording has sound. And the death/murder video has sound. And what can be heard on the death video, besides GM's exclamation of "Travis!" is another voice yelling- "stop running, s-hithead!" just before that first shot is fired.

I wasn't speaking to legal intent. I was speaking to what I think happened. Just as the OP was.

My bad about the sound. I guess it was turned off on the video I watched. The fact that they told him to stop running supports what I think happened, imo. If you wanted to shoot him, just shoot him already. Don't ask him to stop running. And, just as an aside, sh-thead is a rather mild expletive for someone you're planning to murder in cold blood momentarily. jmo
 
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