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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 717257" data-attributes="member: 2426"><p>You did say that you would not be concerned if someone chased you with a gun while yelling "STOP". I do not believe that.</p><p></p><p>You seem to believe that I have a political spin on the situation. What I have said is basic, and is only based on the evidence that is available. In the video, the younger McMichael approached Arbery with a gun. That is evidence. According to Georgia law, that is assault. Arbery died as a result of that assault. That is evidence. I am not making supposition about McMichael being a racist. I am not making supposition about McMichael intending to kill Arbery when he left his house. I am simply looking at the evidence available and the laws of Georgia.</p><p></p><p>From the older McMiachael's statements to police, the younger McMichael didn't witness ANY actions by Arbery before the chase began, criminal or not. That statement is evidence. That will make it extremely difficult for him to argue that he was making a legal citizen's arrest, since he wasn't even able to see the area. Also, courts in Georgia have ruled that during a citizen's arrest only the amount of force necessary to hold the suspect is allowed. You can't use a gun to arrest someone who is not armed. You can't use a gun simply because you think he might be armed. McMichael will probably claim self defense, but under Georgia law, justification does not work if you commit the initial assault. Even if someone assaults you, once you are separated or things calm down, you cannot begin a new assault. So, even if Arbery had shot at McMichael 5 minutes before, McMicahel could not at that point chase him with a gun.</p><p></p><p>I have stated more than once that if other facts become available, I will consider them. Since you, based on no facts whatsoever, have decided that he is completely innocent, please use your imagination and tell me one scenario in which McMichael was legally justified in chasing Arbery with a gun. I can't think of any possible situation in which McMichael had a legal justification for chasing him with a gun. Provide <strong>any</strong> possible scenario and statute that would legally allow that.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 717257, member: 2426"] You did say that you would not be concerned if someone chased you with a gun while yelling "STOP". I do not believe that. You seem to believe that I have a political spin on the situation. What I have said is basic, and is only based on the evidence that is available. In the video, the younger McMichael approached Arbery with a gun. That is evidence. According to Georgia law, that is assault. Arbery died as a result of that assault. That is evidence. I am not making supposition about McMichael being a racist. I am not making supposition about McMichael intending to kill Arbery when he left his house. I am simply looking at the evidence available and the laws of Georgia. From the older McMiachael's statements to police, the younger McMichael didn't witness ANY actions by Arbery before the chase began, criminal or not. That statement is evidence. That will make it extremely difficult for him to argue that he was making a legal citizen's arrest, since he wasn't even able to see the area. Also, courts in Georgia have ruled that during a citizen's arrest only the amount of force necessary to hold the suspect is allowed. You can't use a gun to arrest someone who is not armed. You can't use a gun simply because you think he might be armed. McMichael will probably claim self defense, but under Georgia law, justification does not work if you commit the initial assault. Even if someone assaults you, once you are separated or things calm down, you cannot begin a new assault. So, even if Arbery had shot at McMichael 5 minutes before, McMicahel could not at that point chase him with a gun. I have stated more than once that if other facts become available, I will consider them. Since you, based on no facts whatsoever, have decided that he is completely innocent, please use your imagination and tell me one scenario in which McMichael was legally justified in chasing Arbery with a gun. I can't think of any possible situation in which McMichael had a legal justification for chasing him with a gun. Provide [B]any[/B] possible scenario and statute that would legally allow that. [/QUOTE]
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