SpokenTruth said:
KLAMarine said:
In your earlier post, you speak as though Ahmaud Arbery was being chased...
The video you provided however shows Ahmaud Arbery (I assume he's the lone runner in the white shirt) running towards, not away, the white truck which is oriented away from the runner's location. It doesn't look to me like Arbery was being chased, seems like it's the other way around: Arbery ran up to the truck and tried to wrestle a firearm away.
Well we have some footage of the encounter and it shows Arbery running up to the two gunmen and attempting to wrestle a firearm away...
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He was being chased. The vehicle that the video was being filmed from was also part of that chase. They had him trapped between them. They've even said they were chasing him down to perform the "citizens arrest".
Source:
"They spotted Arbery running down Buford Road. Travis drove down Burford Road and tried unsuccessfully to cut off Arbery’s escape with the truck, the report said.
The Brunswick man then turned and started “running back in the direction from which he came,” the report said. Travis McMichael again tried without success to cut Arbery off with the truck."
KLAMarine said:
"People can be in front you you after following you."
>True but for whatever reason, Arbery decided to continue running up to a now-stationary vehicle and try to take a gunman's weapon. At that instant, I consider him a chaser rather than a chasee.
1). And towards the end, Arbery is running up to a parked truck where he proceeds to attack a guy with a gun.
I was expecting Arbery to be running away from the gunmen when fire was opened, not towards one he was currently wrestling with.
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He was running away from the car that was filming him.
And again, "They spotted Arbery running down Buford Road. Travis drove down Burford Road and tried unsuccessfully to cut off Arbery’s escape with the truck, the report said.
The Brunswick man then turned and started “running back in the direction from which he came,” the report said. Travis McMichael again tried without success to cut Arbery off with the truck."
A 'citizen's arrest' is not a formal deputization and does not give one the grounds to aim a firearm at an unarmed man.
1). Ah, the old "He was trying to take away my gun before I could shoot him so I had to shoot him so he couldn't take away my gun" defense.
If Gregory McMichael shot Arbery because he 'feared for his safety' then did not Arbery 'fear for his safety' too? If you fear a man is about to shoot you, would not a logical response be to prevent his ability to shoot you?
KLAMarine said:
"Typically when you are an unarmed individual in a confrontation with an armed individual, your best tactic is to close the distance and disarm that individual."
2). >That depends on the distance. If the distance is long, the armed individual will have plenty of time to point and shoot you and the video shows Arbery having to close a considerable distance before reaching the truck. Arbery had to run to get to the truck even!
"If you believe your life is in danger, standing around 10 feet from a guy with a gun is a pretty terrible tactical move."
>Arbery's best move would have been to continue running away, he stands no chance against multiple armed men. But he didn't.
"Again, you have to think of this as a self-defense issue from the victim's perspective. These individuals chasing him with guns had no legal right to apprehend him. As such, I believe a reasonable person in this situation would see themselves as being in danger. In such a situation, he has the legal right to engage physically in self-defense."
3). >I'm not a lawyer but from the sound of the linked letter, https://georgiarecorder.com/wp-content/uploads/2020/05/Barnhill-letter-Brunswick-shooting.pdf , the gunmen might have had a legal right to apprehend...
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.
https://law.justia.com/codes/georgia/2006/17/17-4-60.html
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2). Again, he was also running away from the other vehicle. Further, he as running because....get this...he was out jogging. Let's not forget he did try to run away from the but kept getting cut off. That's directly according to the McMichael's themselves.
3). Ooh, let's rip this one apart bit by bit, shall we?
A). if the offense is committed in his presence. Which it was not. They reported that they attempted a citizens arrest because he matched a description of a suspect wanted for residential burglaries. Meaning they didn't witness a crime.
B). or within his immediate knowledge. See above. Arbery only matched a description of a suspect. That is not immediate knowledge of the crime and perpetrator.
C). If the offense is a felony... But here is the thing...there were no burglaries reported in that neighborhood to begin with. So not only did the McMiahcael's lie about why they pursued Arbery but no felonies that Arbery was alleged to have committed were reported.
D). and the offender is escaping or attempting to escape, This is in tandem with C. That means they had to commit a felony and are now trying escape. Given what we know about C, D cannot apply either.
E). a private person may arrest him... Arrest doesn't mean execute. There is no provision in that law that protects you from liability if you kill someone in the act of performing a citizens arrest.
F). upon reasonable and probable grounds of suspicion. Which they did not have. Further, if Arbery did happen to commit burglaries in that neighborhood and the local home owners did not file any police reports, that gives the suspicion that they intended to carry out justice on their own. And vigilantism is illegal in the state of Georgia.
sethnintendo said: Friend said supposedly video of him snooping around at construction site. I haven't seen it so can't say for sure. Even if he was up to no good they handled it way wrong. |
Correct. There is another video of him walking through the wood framing of new home under construction. While some can argue this is trespassing (which is not a felony which rules out a proper citizen's arrest), it's not an uncommon action taken by people who are curious. I used to check out homes under construction when I worked nearby to them.
Further, Arbery was pursuing a career as an electrician according to his mother and studied in the electrical systems program at South Georgia Technical College a few years ago. I'm speculating here but a new home job site would easily pique the interests of a potential electrician.
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