Jogging while black

[biggestal99]

Originally Posted by PressThePace

The video being circulated is one that shows Arbery inside the dwelling at 3am on more than one occasion. First of all, it is a crime to be in the dwelling, period. Secondly, what would a reasonable person think if they owned said dwelling or even a neighbor who lived close by? Remember, there had been recently documented and reported burglaries in the same neighborhood. These are things that will be brought up in court.

I'm not saying that he deserved to die for entering a dwelling whether it was legal or not. But, the chain of events leading up to the younger McMichael pulling the trigger will most definitely come into play and deservedly so. Everyone is entitled to a fair trial. Has nothing to do with what emotions one may have.

It’s trespassing. The only way they will get a fair trial is a change of venue to another state.

Everyone has seen the video.

Allan

[PressThePace]

Originally Posted by biggestal99

Lol. What juror who has seen the video will let the alleged perps off with a not guilty verdict?

ps—it will never go to trial. The alleged perps (all of them) will pled out and that will be that.

Allan

If it's plausible to even one juror that the shooter acted in self-defense (which is likely considering the circumstances leading up to the shooting), he won't be convicted of murder. I'm predicting a manslaughter charge.

[davew]

Originally Posted by biggestal99

Lol. What juror who has seen the video will let the alleged perps off with a not guilty verdict?

ps—it will never go to trial. The alleged perps (all of them) will pled out and that will be that.

Allan

depends on the charge and other evidence shown.


from the video itself, I would say self defense if just seeing the video.

[MONEY]

Originally Posted by PressThePace

The video being circulated is one that shows Arbery inside the dwelling at 3am on more than one occasion. First of all, it is a crime to be in the dwelling, period. Secondly, what would a reasonable person think if they owned said dwelling or even a neighbor who lived close by? Remember, there had been recently documented and reported burglaries in the same neighborhood. These are things that will be brought up in court.

I'm not saying that he deserved to die for entering a dwelling whether it was legal or not. But, the chain of events leading up to the younger McMichael pulling the trigger will most definitely come into play and deservedly so. Everyone is entitled to a fair trial. Has nothing to do with what emotions one may have.

In most states you are allowed to use deadly force against someone who is about to severly injure or kill you or another person.
In other words, self defense.
When a gun is pointed at somebody, that person is put in imminent danger of death or serious injury.

You can also use deadly force to stop a criminal that you had just witnessed commit a crime that resulted in serious physical injury or death from leaving the scene of a crime or while trying to escape.

Arbery had not committed a crime involving injury or death.
By pointing a gun at Arbery the McMichaels put Arbery into imminent danger of being seriously injured or killed.
So, Arbery was put into a situation where he would have been justfied in using deadly force to defend himself.

You can't put someone into a position where that person might have to defend himself and then use deadly force against that person for defending himself.

JustRalph & I are both ex cops with many years of experience.
Neither one of us would have used or shown a gun to apprehend Arbery.

The ex cop in this situation either was never trained properly or disregarded his professional training.

[PressThePace]

Originally Posted by biggestal99

It’s trespassing. The only way they will get a fair trial is a change of venue to another state.

Everyone has seen the video.

Allan

This is wrong. The reason I know this is because I have a son who had a buddy/classmate with a video game he wanted to borrow. My son had never been to his house and had planned to get it where they mutually worked. His friend forgot the game, but gave my son his address (rural residence) and told him the house was open and that he had permission to get the game. My son puts the address given to him in his GPS on his phone and it takes him to what he thought was the kid's home. He goes inside the home. Can't find the video game. Home owner (not his buddy) comes home and keeps him at gunpoint. He was charged with 2nd degree burglary. He never had anything in his hands or anyhing that would indicate intent to steal. Thank god, he had all the texts between him and his friend. Also, I had to video myself putting the address in my phone, and it took me to the same address. It went to trial and during the middle of it, the home owner had a change of heart and dropped everything.

[PressThePace]

Originally Posted by MONEY

In most states you are allowed to use deadly force against someone who is about to severly injure or kill you or another person.
In other words, self defense.
When a gun is pointed at somebody, that person is put in imminent danger of death or serious injury.

You can also use deadly force to stop a criminal that you had just witnessed commit a crime that resulted in serious physical injury or death from leaving the scene of a crime or while trying to escape.

Arbery had not committed a crime involving injury or death.
By pointing a gun at Arbery the McMichaels put Arbery into imminent danger of being seriously injured or killed.
So, Arbery was put into a situation where he would have been justfied in using deadly force to defend himself.

You can't put someone into a position where that person might have to defend himself and then use deadly force against that person for defending himself.

JustRalph & I are both ex cops with many years of experience.
Neither one of us would have used or shown a gun to apprehend Arbery.

The ex cop in this situation either was never trained properly or disregarded his professional training.

I have absolutely no doubt that you know what you're talking about. My question would be, what if they thought Arbery was carrying a firearm? Would it be acceptable to have his firearm out if that was the case? I'm asking this because that is what the older McMichael said in his statement after the incident. He said he had seen Arbery reach into his pants during a previous home invasion and thought it may be a firearm. When you combine that with the fact that Arbery had been arrested earlier for bringing a handgun to a school event, it could be compelling to a jury if allowed. These are the types of things that people will have to consider.

[MONEY]

Originally Posted by PressThePace

I have absolutely no doubt that you know what you're talking about. My question would be, what if they thought Arbery was carrying a firearm? Would it be acceptable to have his firearm out if that was the case? I'm asking this because that is what the older McMichael said in his statement after the incident. He said he had seen Arbery reach into his pants during a previous home invasion and thought it may be a firearm. When you combine that with the fact that Arbery had been arrested earlier for bringing a handgun to a school event, it could be compelling to a jury if allowed. These are the types of things that people will have to consider.

The building was under construction & obviously unoccupied, so there was no home invasion.

That Arbery reaching into his pants while alone in a construction could be construed as possibly
being armed will not hold water. He could have more than likely just have been taking care of an itch.
The handgun in school should have no bearing on this case because there is no way that the McMichaels could have known that.
If the ex cop thought Arbery was armed before, he better have it in a previous police report and not only in the report
that came after the shooting.

In any case if the prosecuter wants to win the case he won't charge the McMichaels with murder.
Manslaughter would be a more appropriate charge.

[PressThePace]

Originally Posted by MONEY

The building was under construction & obviously unoccupied, so there was no home invasion.

That Arbery reaching into his pants while alone in a construction could be construed as possibly
being armed will not hold water. He could have more than likely just have been taking care of an itch.
The handgun in school should have no bearing on this case because there is no way that the McMichaels could have known that.
If the ex cop thought Arbery was armed before, he better have it in a previous police report and not only in the report
that came after the shooting.

In any case if the prosecuter wants to win the case he won't charge the McMichaels with murder.
Manslaughter would be a more appropriate charge.

Thank you for shedding some light from a police officer's point of view. I think you bring up some great points, with regard to being put in imminent danger. Makes a lot of sense. I said earlier that my prediction would be a manslaughter charge.

[biggestal99]

Originally Posted by davew

depends on the charge and other evidence shown.


from the video itself, I would say self defense if just seeing the video.

Lol. I disagree. Once the evidence is fully shown. I will be over for them.

They will take a plea.

Allan

[PressThePace]

Originally Posted by biggestal99

Lol. I disagree. Once the evidence is fully shown. I will be over for them.

They will take a plea.

Allan

With all due respect, taking a plea doesn't always have to do with actually being guilty.

[JustRalph]

Originally Posted by MONEY

In most states you are allowed to use deadly force against someone who is about to severly injure or kill you or another person.
In other words, self defense.
When a gun is pointed at somebody, that person is put in imminent danger of death or serious injury.

You can also use deadly force to stop a criminal that you had just witnessed commit a crime that resulted in serious physical injury or death from leaving the scene of a crime or while trying to escape.

Arbery had not committed a crime involving injury or death.
By pointing a gun at Arbery the McMichaels put Arbery into imminent danger of being seriously injured or killed.
So, Arbery was put into a situation where he would have been justfied in using deadly force to defend himself.

You can't put someone into a position where that person might have to defend himself and then use deadly force against that person for defending himself.

JustRalph & I are both ex cops with many years of experience.
Neither one of us would have used or shown a gun to apprehend Arbery.

The ex cop in this situation either was never trained properly or disregarded his professional training.

Thank you! Spot on!

[delayjf]

You can't put someone into a position where that person might have to defend himself and then use deadly force against that person for defending himself.

Did he in fact point the gun at the victim prior to the victim's attack? I didn't see that in the video that I watched.

[MONEY]

Originally Posted by delayjf

Did he in fact point the gun at the victim prior to the victim's attack? I didn't see that in the video that I watched.

In a confrontational situation with an armed opponent should you wait your adversery to attempt to use his weapon against you prior to taking action?

The victim was put into a fight or flight dilemma.

He chose to fight, he chose wrong.

[davew]

Originally Posted by biggestal99

It’s trespassing. The only way they will get a fair trial is a change of venue to another state.

Everyone has seen the video.

Allan

why another state and is that even an option with differing laws? and aren't the jurors going to see the video in court?


what evidence is going to come out during court that will cause these 3 to plead guilty?

[JustRalph]

I don’t think they will plead to anything.

I think they are going to hope for a good ole boy or maybe two to be on the jury.