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

[Longtime_lurker2019]

He blocked him in from behind. Hence the false imprisonment.

 

[Longtime_lurker2019]

He blocked him in from behind. Hence the false imprisonment.

Prosecutor is playing a dangerous game here.

False Imprisonment | Georgia Criminal Lawyer

Closer Look at the Law Behind False Imprisonment in Georgia After Family Violence Incident in Hall County | Georgia Criminal Lawyer

False imprisonment in Georgia is only applicable if it can be proven that the victim had no other reasonable means of escape.

The video shows Arbery running towards the redneck’s truck, and not in any number of directions away from the road and where no vehicle could even go because of the trees and brush. He was not even close to legally confined under any definition or case law in the state.

All in all, looking at past case law it seems like a difficult case to make. An acquittal is exactly the kind of event that could make the prosecution‘s case against the other defendants significantly more difficult and would become a key part of the defense’s case. This is assuming his case goes before their trials, and it seems highly likely it would.

 

[Boxer]

Are you saying AA should have known they wouldn't shoot him because they hadn't done it yet?

It was a shotgun, most likely loaded with buckshot, not a sniper rifle. You're not killing anything "far away" with a shotgun. Even if they were rifled slugs you would have to be an excellent shot to hit a 10x10 steel plate which would be equivalent to center mass at over 50 yards. That's half of a football field.

Let alone hit a running target.
So No, that's not the point of guns.

Moo.

MOO moving targets are the point of shotguns.

 

[Cryptic]

Honking to break the situation. You're focusing on this statement. Are you of the opinion he should not have been arrested?

For me, he may well deserve to be arrested. Likewise, I don't buy his sudden re-cast from participant to "horrified bystander" at all.

I am, however, interested in what evidence is supporting the felony murder charge. The GBI will hold a press conference tomorrow and additional details might be revealed.

If I were a juror, i would be looking for direct evidence that R knew that the trespasser would be confronted with weapons or a "what ever it took" line of thought. In reverse, I would be looking for direct evidence that R say, encouraged the use of weapons in the confrontation.

In the end, I am not a big fan of murder charges against a non gunman. Negligent homicide- yes.

 

[tlcya]

I suspect the electronic subpoenas have come back and that, in addition to the items or data found in the McMichael home indicates why the GBI found it appropriate to level these charges against WB/R. The evidence and facts as we know them are not the same as those possessed or known by the GBI. I am looking forward to finding out what they reveal, if anything, at the press conference/briefing tomorrow.

MOO/SPECULATION: it will involve electronic evidence of previous discussions about a concerted effort to round up this interloper by the charged men.

 

[Matic]

MOO moving targets are the point of shotguns.

At close range. Under 50 yards.

What's the Maximum Effective Range of Buckshot? - Lucky Gunner Lounge

Moo.

 

[tlcya]

MOO moving targets are the point of shotguns.

I have to respectfully disagree with you on this.

I was thinking that a .357 (GM's weapon) was meant for a longer shot with the shotgun being more for intimidation purposes. (much longer range, up to 125 yards)

 

[California Sunset]

As an adult, I have entered new builds to check out the layouts. I am in a recently built home, one of many, and it was a common occurrence to see people driving around the subdivision, after the workers had left, checking out the size of the basements (if they had walkouts, since there were no stairs from the ground floor). No one seemed suspicious to me, where I thought they were casing the buildings.

As a child, my friends and I entered new builds (this was in England) and old, vacant buildings. Why? Because kids are curious. It didn't make me a criminal. I also sneaked into movie theatres to watch another movie after the one I paid for ended.

There's whole YT videos dedicated to filming abandoned shopping malls, derelict automobile factories and forgotten mansions. Its a fascinating element to the human condition.

I don't believe anyone's been shot for doing it, though.

I was at my son's house when his brother called to tell him 'We're in this abandoned prison, and you should see all the electronics and surveillance equipment in here.' As soon as I heard that, I said 'get your butts out of there right now before someone comes in and thinks you're there to steal.' Maybe he didn't realize I was at his brother's house.
But, yes, people do stuff like that. Some don't mean any harm and some do.
Was it already mentioned here that there was surveillance on that property and nothing had ever been taken from the lot Ahmaud was on? I haven't read through all of this this thread, but I did read several articles about this. Nothing was ever taken, the owner knew about someone being there and didn't have a problem with it, so why should someone not involved in any way go to this extreme?
People have been killed in this country for just walking home, waiting for a bus, watching television in their own home. The problem isn't the guns, it's the person holding the gun.

 

[Boxer]

At close range. Under 50 yards.

What's the Maximum Effective Range of Buckshot? - Lucky Gunner Lounge

Moo.

Also a .357 and whatever WB racked in his car.

 

[California Sunset]

I have to respectfully disagree with you on this.

I was thinking that a .357 (GM's weapon) was meant for a longer shot with the shotgun being more for intimidation purposes. (much longer range, up to 125 yards)

A .357 isn't meant to scare. It's to kill.

 

[Mandos]

He blocked him in from behind. Hence the false imprisonment.

But blocking someone from behind, even in a truck, is unlikely to clear the threshold for a conviction of false imprisonment. As the example of the webpage I linked mentioned, someone locked in a room on the first floor in a building can just climb out of the window: no false imprisonment. If being locked in a room on the first floor doesn't clear the bar for false imprisonment, than blocking someone from behind in a car is even less likely to meet it. And the video shows the event taking place on a road with massive amounts of open space for someone to run to off the road, and even through trees and brush where an individual can easily move to but vehicles most likely could not.

 

[tlcya]

A .357 isn't meant to scare. It's to kill.

Exactly.

 

[Boxer]

There also may be two other cars involved.

 

[Boxer]

But blocking someone from behind, even in a truck, is unlikely to clear the threshold for a conviction of false imprisonment. As the example of the webpage I linked mentioned, someone locked in a room on the first floor in a building can just climb out of the window: no false imprisonment. If being locked in a room on the first floor doesn't clear the bar for false imprisonment, than blocking someone from behind in a car is even less likely to meet it. And the video shows the event taking place on a road with massive amounts of open space for someone to run to off the road, and even through trees and brush where an individual can easily move to but vehicles most likely could not.

All about Arbery submitting or running. He didn't he had the right not to and he didn't.

 

[Katerz]

I’m so happy they arrested the man who recorded poor AA’a demise. He deserves to be charged. They all blocked him in.

 

[max99]

In the end, I am not a big fan of murder charges against a non gunman. Negligent homicide- yes.

if proven (that the bros murdered AA), Roddy aided in the murder of AA....he recorded it, boxed him in and then agreed to the public release of his recording thinking it would absolve them...I'm okay with it...I'm more than okay with it.

 

[tlcya]

I've seen the same few seconds of video as everyone else. If indeed more video of the 4 minutes AA was pursued/hunted exists on video by two vehicles and at least two armed men, it certainly explains the GBI's charges against WB/R IMO

 

[skyedaze]

Prosecutor is playing a dangerous game here.

False Imprisonment | Georgia Criminal Lawyer

Closer Look at the Law Behind False Imprisonment in Georgia After Family Violence Incident in Hall County | Georgia Criminal Lawyer

False imprisonment in Georgia is only applicable if it can be proven that the victim had no other reasonable means of escape.

The video shows Arbery running towards the redneck’s truck, and not in any number of directions away from the road and where no vehicle could even go because of the trees and brush. He was not even close to legally confined under any definition or case law in the state.

All in all, looking at past case law it seems like a difficult case to make. An acquittal is exactly the kind of event that could make the prosecution‘s case against the other defendants significantly more difficult and would become a key part of the defense’s case. This is assuming his case goes before their trials, and it seems highly likely it would.

I have to disagree here. AA was running in residential neighborhood...with fences around property. They had been chasing him and cutting him off for 4 minutes. They blocked him in with armed vehicles.

In all likelihood there are ring videos of them chasing him in this direction, then he turns and they chase in that direction, over and over until his is blocked in.

Sorry but I disagree with the "dangerous game" here. The only dangerous game was the 3 armed men chasing an unarmed AA down until they successfully box him in and he ends up dead.

 

[branmuffin]

Can't wait to read the cell phone text transcripts between these three men.

Probably more like five men.

 

[ReadySet]

To make your comparison work, there would have to be armed people in the locked room chasing the victim. The victim now has to consider what the armed people will do if he trys to climb out the window.

But blocking someone from behind, even in a truck, is unlikely to clear the threshold for a conviction of false imprisonment. As the example of the webpage I linked mentioned, someone locked in a room on the first floor in a building can just climb out of the window: no false imprisonment. If being locked in a room on the first floor doesn't clear the bar for false imprisonment, than blocking someone from behind in a car is even less likely to meet it. And the video shows the event taking place on a road with massive amounts of open space for someone to run to off the road, and even through trees and brush where an individual can easily move to but vehicles most likely could not.