Some new light on the father-son shooting of a black man

DaSDGuy

Well-Known Member
Interesting article. It appears to be listing nothing but the facts, although it does have an anti-media slant.
 

Gilligan

#*! boat!
PREMO Member
My thoughts haven't changed at all. What Arbery did or didnt do in the years before is irrelevant to what happened the day he was murdered.
I can see where what he did in the hours or days prior could be a factor though... He sure wasn't just "out for a healthy jog", that much is certain.
 

Chris0nllyn

Well-Known Member
Interesting article indeed.

They largely cover the facts, but when they get into the legality of things, they fail to mention a number of relevant statutes.

1. The article says,
In Georgia, it is legal to make a citizen’s arrest if a crime is committed in the citizen’s presence or within his knowledge.

In GA, one can only make a citizen's arrest if the person is committing a felony. Trespassing is not a felony in GA. Perhaps the ex-cop missed that part of training.

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/2010/title-17/chapter-4/article-4/17-4-60/

By all indications of GA law, the father and/or son committed Aggravated Assault and Felony Murder.

https://law.justia.com/codes/georgia/2018/title-16/chapter-5/article-1/section-16-5-1/
https://law.justia.com/codes/georgia/2018/title-16/chapter-5/article-2/section-16-5-21/

2. The article says,
The autopsy revealed entry wounds consistent with Arbery grabbing the gun’s barrel.

Georgia allows lethal self-defense in the face of perceived lethal threats.

Grabbing the barrel is also consistent with trying to avoid being shot by a random guy with a gun pointed at you. Nothing indicated that Arbery was an imminent threat to the father and son.
 

vraiblonde

Board Mommy
PREMO Member
Patron
None of that has changed my mind. In this country you don't get to shoot someone just because you think they might have committed a crime.

Did they or did they not chase after this guy with a rifle?

Did they or did they not then shoot him?

I don't know anything about either party and this may very well be a case of "good riddance". But that's not the point. "He was black" and "He shoplifted a couple years ago" are not reasons to chase someone with a rifle and then shoot them.
 

kom526

They call me ... Sarcasmo
Multiple shots blows any "he grabbed my gun and it went off" argument out the window. Electrodes into all orifices and flip the switch.
 

black dog

Free America
Interesting article. It appears to be listing nothing but the facts, although it does have an anti-media slant.
The facts are what happened when they met that day, not what Aubery had done in the years before. For some strange reason no smearing facts were printed about the earlier life of the father, son and video fool.
Just the black man.....
 

Gilligan

#*! boat!
PREMO Member
" and "He shoplifted a couple years ago" are not reasons to chase someone with a rifle and then shoot them.

Or..as the case turns out to be, he was trespassing inside an unoccupied home and bolted when confronted by a neighbor from house across the street who observed him enter the building.

More to come..
 

vraiblonde

Board Mommy
PREMO Member
Patron
Or..as the case turns out to be, he was trespassing inside an unoccupied home and bolted when confronted by a neighbor from house across the street who observed him enter the building.

More to come..

That is also no reason to chase someone with a rifle. They didn't even know it was him trespassing until the security video came out. They just saw a black guy running, and like predator animals they gave chase.
 

b23hqb

Well-Known Member
Can you actually have one, without the other??
It would be a rare occurrence in these times to not have the media pushing anything but racism in any confrontation. Facts just don't matter when you have some good race baiting happening.

Run the case through the courts. Afford the accused nothing more than their rights to bail, an attorney, etc.
 
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black dog

Free America
Or..as the case turns out to be, he was trespassing inside an unoccupied home and bolted when confronted by a neighbor from house across the street who observed him enter the building.

More to come..

At best a misdemeanor... I believe with Ga law it needs to be a felony for one to use citizens arrest to hold and detain.

In Georgia, the law states that a private person may arrest someone if a crime is committed in his presence or “within his immediate knowledge.” But if it is a felony, the citizen can stop someone from escaping if the citizen has “reasonable and probable grounds of suspicion.


What crime again did Aubery commit?
 

Gilligan

#*! boat!
PREMO Member
That is also no reason to chase someone with a rifle. They didn't even know it was him trespassing until the security video came out. They just saw a black guy running, and like predator animals they gave chase.

That's not the story that is developing. Stay tuned...I am.
 

Gilligan

#*! boat!
PREMO Member
At best a misdemeanor... I believe with Ga law it needs to be a felony for one to use citizens arrest to hold and detain.

In Georgia, the law states that a private person may arrest someone if a crime is committed in his presence or “within his immediate knowledge.” But if it is a felony, the citizen can stop someone from escaping if the citizen has “reasonable and probable grounds of suspicion.


What crime again did Aubery commit?

Did you watch the youtube video I posted?
 

Gilligan

#*! boat!
PREMO Member
That is also no reason to chase someone with a rifle.

If I caught someone rummaging around in my shop or home, I'd certainly have a firearm in hand when I confronted them. So nothing inherently "bad" about that. I'd never assume their intentions were good or that they wouldn't become a threat when confronted.

As a general comment. I'm not saying the incident in question should have resulted in a shooting; it does not appear that it should have. But there is still a LOT of information coming out and the "poor black chile out for an afternoon jog" story has already been ripped to shreds.
 
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