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UPDATE: Ahmaud Arbery's 3 murderers all found guilty. Sentenced to LIFE in prison.

Discussion in 'Too Hot for Swamp Gas' started by orangeblue_coop, May 5, 2020.

  1. mutz87

    mutz87 p=.06 VIP Member

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    This is why Colin Kaepernick kneels
     
    Last edited: May 9, 2020
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  2. mutz87

    mutz87 p=.06 VIP Member

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    #1 seems pretty clear
    #2 good theory imo
     
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  3. gator_lawyer

    gator_lawyer VIP Member

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    They've released a couple videos. Neither shows a burglary. At worst, you have a trespass, which is a misdemeanor. Unless there's something we have yet to see, that DA looks awfully dirty. And apparently, the guy was studying to be an electrician. If true, that perfectly explains why he might go into house that is under construction to take a look. They've yet to prove that he went in to steal anything or to commit a felony, which is necessary for a burglary charge.
     
  4. citygator

    citygator VIP Member

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    Ha ha. When one of my kids was a cranky infant at 10 pm on July 7th I got into a shouting match with neighbors a few houses down I didn’t know over them still setting off night fireworks 3 days after the 4th. Police might have been smarter.
     
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  5. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    DA blocked cops from making arrests in Ahmaud Arbery shooting: commissioner


    The local district attorney blocked police from making arrests immediately after the Feb. 23 shooting death of unarmed jogger Ahmaud Arbery, two county commissioners said Friday — with one accusing the two of being in cohoots because they were friends.

    Cops at the scene of the Georgia shooting had believed they had probable cause to make arrests, Glynn County Commissioner Peter Murphy told The Atlanta Journal-Constitution — but were told to stand down by the DA’s office.

    “They spoke to an assistant, who relayed their request to [Glynn County District Attorney] Jackie Johnson,” Murphy told the paper of the cops at the scene. “They were told not to make the arrest. She shut them down to protect her friend McMichael,” a second county commissioner, Allen Booker, told the paper.

    The father is a former cop who had worked as an investigator for the DA’s office, the paper reported earlier Friday. He had helped prosecute Arbery in the past, when he was in high school, on a weapons charge. Johnson’s office did not respond to the Journal-Constitution’s request for comment on Murphy’s account.

    https://nypost.com/2020/05/08/da-blocked-cops-from-making-arrests-in-ahmaud-arbery-shooting/




     
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  6. LouisvilleGator

    LouisvilleGator GC Hall of Fame

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    I realize the elder McMichael was an ex-cop, but even if there is a video of the victim burglarizing the house right before the shooting, why not just call the police and show them the video? Especially since McMichael knew who Arbery was. He would be easily identified. This could be a case where it's established the McMichaels were trying to play vigilante and just went too far. Perhaps they truly were trying to make a citizen's arrest and it just went the wrong way. I don't know the law well enough to know if the McMichaels are covered under self-defense. I do think it will be pretty easy to prove their intent was not to murder given that McMichael waited until Arbery came after him and the two began tussling before he pulled the trigger. I think the question will be are they protected under the law to try to make a citizen's arrest in that scenario. If they are, for better or for worse, they could be acquitted.
     
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  7. 96Gatorcise

    96Gatorcise GC Hall of Fame

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    In regards to the new video released.

    The thing here is there must be another video somewhere.
    The father claims there is video, but there is no way for him to know of the existence of the new video at the time of the shooting. It is a stationary home security camera recording in real time. So unless the person who owns the camera called McMichael immediately, there is no way for him to know there is video. Also there is claim by the father that they saw Arbery "stick his hand down his pants", that is why the armed themselves. Where is the video of that?

    I also believe Travis stepped in front of Arbery to stop him, not that Arbery attacked him. Travis moved from the drivers side of the truck to the front of the truck with the shotgun in his possession. Arbery went from behind the truck, to the right of the truck and then to the front of the truck.
    The McMichaels intent was to STOP Arbery, so it makes logical sense that Travis moved in front of the truck and into Arbery's path. So Arbery ran right into Travis.
     
  8. docspor

    docspor GC Hall of Fame

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    My guess is at most there may be video of him trespassing.

    wrt to murder, I think I read that if you kill someone while trying to falsely imprison them it is murder. Maybe a lawyer can weigh in

    Their case is shit. Just saying “we want to talk to you” destroys their story
     
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  9. docspor

    docspor GC Hall of Fame

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    i think I read the hand down the pants was from another day
     
  10. 96Gatorcise

    96Gatorcise GC Hall of Fame

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    There is new home security video that has been released of a black male in a white T shirt going into a home under construction.
    GBI reviewing additional video footage in Ahmaud Arbery case
     
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  11. 96Gatorcise

    96Gatorcise GC Hall of Fame

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    Exactly. Was that video turned over to the police as well?
     
  12. docspor

    docspor GC Hall of Fame

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  13. cocodrilo

    cocodrilo GC Hall of Fame

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    What's wrong with putting your hand down your pants? I do it all the time.
     
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  14. PerSeGator

    PerSeGator GC Hall of Fame

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    Yes, it’s called felony murder. Essentially any death that occurs while committing a felony triggers the felony murder statute.

    In fact, it’s so broad that in Georgia, as well as in many other states, it doesn’t even need to be the defendant who pulls the trigger. If two perpetrators go mug a victim, and the victim pulls out his gun and shoots/kills one of the perpetrators in self defense, the surviving perp can be charged with felony murder. The reasoning is that but for the mugging, the victim never would have shot the deceased perpetrator. Therefore, the surviving perp is responsible.

    In this case, false imprisonment is a felony. As is aggravated assault, which the defendants can also be charged with. The death of the victim occurred as a result of these felonies, so the felony murder rule applies. Works against both the shooter and the accomplice.
     
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  15. docspor

    docspor GC Hall of Fame

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    thanks for the info. That reminds me of a weird case here - one of the last crusades of hunter thompson. It was a big deal here. Lisl was charged for a crime that happened while she was in police custody. It’s a good story!
    Prisoner of Denver

    in rereading this it is nice that Hunter found his old form /voice one more
    Time before he died
     
    Last edited: May 10, 2020
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  16. LouisvilleGator

    LouisvilleGator GC Hall of Fame

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    Well, at the very least, this puts to rest the idea that this was a modern-day lynching. Depending on how the law is written, this video could really hinder a murder charge. But to act as though this was a "hate crime" and that the McMichaels were just some racist good ole boys from Jawga who didn't like McMichael's skin tone, that seems ridiculous at this point. And this is why you get so many skeptics on the right, because the left consistently overplays their hand vis a vis their agenda. No, I do not think it was a good idea to chase down Arbery with guns, but we're lying to ourselves if we think Arbery still would have been shot had he not went into that house. By doing so, he clearly put himself in the wrong place at the wrong time. Doesn't mean the McMichaels are without blame or guilt, but this isn't a lynching.

    P.S. This is just a reminder of why we always need to wait for all the facts to come out before passing judgment. And in this case, I am not saying the Michaels aren't in the wrong, but this wasn't a premeditated murder. That much is clear at this stage.
     
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  17. WarDamnGator

    WarDamnGator GC Hall of Fame

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    In the article linked, it says what he did may not even be a crime, and at most a misdemeanor unless he stole something. They made a point of taking guns with them to chase down a guy that may not have even committed a misdemeanor, and since there have been no reports he stole anything, definitely not a felony that would justify a "citizens arrest" under Georgia law. I think the murderers are screwed. They should have just let the cops do their job, which likely would have been issuing him a trespass warning.

    "The security video shows a person, who appears to be Arbery, continuing down Satilla Drive. Former Fulton prosecutor Manny Arora, who reviewed the video, said entry of a construction site is not necessarily a crime. At most, it may be a misdemeanor, unless anything was taken, he said."
     
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  18. LouisvilleGator

    LouisvilleGator GC Hall of Fame

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    You're taking one person's opinion, who inserts the qualifier "not necessarily", as the gospel. I do not know Georgia law, but I would have to think if you were to walk inside a home being constructed that you were not invited to, that would at least be a trespassing charge in most states. Otherwise people could just could hang out in new houses and there would be no deterrent for them.

    In any event, this has clearly gone from an innocent black man being lynched to a black man who entered a home that wasn't his, after a string of burglaries, who then went after a guy with a gun who tried to track him down and got shot. While the McMichaels may still be convicted of murder, manslaughter or what have you, this one no longer tugs at my heart. I do not get unnerved when drug dealers get shot during a drug deal gone bad either. There are greater injustices in the world. Moral of the story here is making bad decisions can often lead to bad outcomes, in both Arbery's case and the McMichaels.
     
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  19. Emmitto

    Emmitto VIP Member

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    “Went after a guy with a gun...”

    Ran it through the Emmitto Translator v 1.984: “tried to keep a guy from shooting him”
     
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  20. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Trespassing is defined by Georgia law as entering a property with the intention of committing a crime, so it's highly debatable as to what his intentions were, but as far as we know, he didn't commit any crimes while on the property... that's probably why the prosecutor said it's either not a crime or a misdemeanor at most. I'm guessing a Georgia prosecutor knows Georgia law.

    I've done the same thing he's shown in the video doing many times. It's fun to check out houses under construction. Look to me like he was just taking a break from jogging.
     
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