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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. ursidman

    ursidman VIP Member

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    The shooter and backup dudes had no way of knowing so in this layman's mind the question is irrelevant
     
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  2. RIP

    RIP I like touchdowns Premium Member

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    I wonder if the young man had been armed and shot and killed those two guys chasing him how people would feel.
     
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  3. boligator

    boligator All American

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    So in other words...you are defending this senseless murder...really?
     
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  4. homer

    homer GC Hall of Fame

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    Citizen's Arrest - FindLaw
     
  5. homer

    homer GC Hall of Fame

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    I don’t think anyone insinuated that, and you know it.

    Why be an ass and joke when someone loses his life over BS?
     
  6. swampbabe

    swampbabe GC Hall of Fame

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    Doesn’t matter in this case. These jokers did not witness a crime. I’m amazed (not) that some folks are trying to find a “blame the victim” angle. Just like the case in Pinellas County.
     
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  7. danmann65

    danmann65 All American

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    I don't know if this is murder or manslaughter but it was wrong. Lock the idiots up for 8 years or forever. They have to serve time though for this killing.
     
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  8. homer

    homer GC Hall of Fame

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    Absolutely not.

    Just commenting on some laws that might explain why they thought it was ok to follow the guy.

    I don’t know the circumstances to comment. I kind of learned to wait for all the evidence to become known from being in law enforcement for 29years and 10 months.
     
  9. WESGATORS

    WESGATORS Moderator VIP Member

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    I was merely saying that I would like for the citizens looking to make an arrest have the obligation of recording the endeavor if/when the use of firearms may be involved.

    Go GATORS!
    ,WESGATORS
     
  10. homer

    homer GC Hall of Fame

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    From the article. (And no, I’m not defending the gunmans actions)

    A person can arrest someone that they reasonably suspect of committing a felony, even if the felony didn't occur in the presence of the individual making the arrest. As long as a felony was actually committed and the individual making the arrest knew of the crime, a reasonable suspicion about the identity of the perpetrator will justify their arrest. However, if the crime did not in fact happen, the person making the arrest could become civilly and criminally liable.
     
  11. gator_lawyer

    gator_lawyer VIP Member

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    From what I read, they claimed they saw him looking through a window of a vacant house. First, I don't believe that story. Second, even if it were true, that's not a felony. No matter how you slice it, they had no right to try and arrest that man. And because they were the initial aggressors, the guy who shot him does not have a right to self defense. At a minimum, this is manslaughter. And that's if you believe their very questionable story.
     
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  12. bgator85

    bgator85 Premium Member

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    Georgia law says the offense has to be committed in their presence or within their immediate knowledge.
     
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  13. swampbabe

    swampbabe GC Hall of Fame

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    This wouldn’t pass the reasonable suspicion bar, even in Florida. Their own words give no indication that they “knew” except the jogger was black.
     
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  14. channingcrowderhungry

    channingcrowderhungry Premium Member

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    These threads are great because it's always the same few posters trying to makes some kind of defense for the murderers. Every single time.
     
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  15. homer

    homer GC Hall of Fame

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    It’s only trespass to go onto a construction site.

    Those guys have a lot of explaining to do. Where it goes in a criminal court who knows. Depends on Georgia law.

    One thing I do know. Family will sue the living crap out of the gunmen. If they win and I think there’s a good chance, I hope they get everything they have.

    This stuff is senseless. Any time an untrained person takes the law into their own hands is ripe for this type of ending. Everyone needs to understand how fast things change and how bad it can end.

    Just follow the guy to his house and call the cops and wait.
     
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  16. homer

    homer GC Hall of Fame

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    You are probably right.
     
  17. SeabudGator

    SeabudGator GC Hall of Fame

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    For the sake of all that is good, NOBODY on here rely on that web site without significant explanation. It is NOT the right of any citizen to use "any" force to arrest one suspected of a felony!!! There are MANY requirements.

    First, you must reasonably suspect them of committing a felony. Not saying this is what happened here (or not), but saying hey I think a black guy robbed a house and there goes a black guy is likely not reasonable.

    Second, individuals must only use the amount of force that's reasonable and necessary to make the arrest. Rolling up on a guy with guns and surrounding him is not reasonable OR necessary. They could easily have followed him and called the cops - ergo, confrontation unnecessary.

    Florida law (776.031(2)) allows a civilian to use force to stop a "Forcible felony." “Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. Statutes & Constitution :View Statutes : Online Sunshine

    This did NOT occur here. You CANNOT use force to stop any felony- only the list above - unless you are at home where the stand your law rules apply.

    And the below is simply untrue:

    Violate the law of reasonable, necessary, use of force on the innocent, violation of due process, or any other requirements and you will be civilly and criminally liable. These guys are going to (rightfully) get sued and bankrupted in civil court and likely prosecuted for murder. Know the deal folks.
     
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  18. NavyGator93

    NavyGator93 GC Hall of Fame

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    Because this original comment was ridiculous.
    You say you are not insinuating anything, but it sure seems like you are and your observation has jack to do with the story.
    Bunch of asshats shot a jogger, most likely because he was black. They didn't see shit, they didn't witness crap, they just murdered the guy.
    Whether or not a citizen can make an arrest if they witness a felony in florida has about as much to do with this story as it being illegal to jaywalk in Hawaii.
     
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  19. NavyGator93

    NavyGator93 GC Hall of Fame

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    Yup, and it is always the same posters.
     
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  20. homer

    homer GC Hall of Fame

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    You make some good points. Lots of ifs circumstantially.

    I was taught by an attorney who’s point was that a police officer must use the minimum force necessary to arrest. He said an untrained citizen is not held to that standard due to lack of training.

    He’s witnessed some messed up bad guys booked into jail that were arrested by citizens. He said an officer would be questions. If they had made the arrest. He even mentioned how a small man or woman has even more leeway to go even farther with the force.
     
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