SavannahMann
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- Nov 16, 2016
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So? Were there cops present when he was assaulted by the vigilante McMichaels?
You really need to educate yourself on the terms you use. Arbery assaulted McMichaels not the other way around.
If you really need yet another lesson in the law I'll be happy to provide it.
Actually. I live in Georgia. So chances are that I know the terms I am using. But I am not alone.
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The Ahmaud Arbery Killing and Georgia Law
Explaining the legal issues surrounding the incident of two white men shooting a black jogger they suspected of a crimearcdigital.media
That is written by an experienced defense attorney in Georgia who has handled capital cases before. So what qualifications do you have? Are you a lawyer with experience in Georgia? Otherwise I do not think you are in a position to teach.
Its pretty clear you don't.
Let's review the law itself.
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 2 - ASSAULT AND BATTERY
§ 16-5-20 - Simple assault
O.C.G.A. 16-5-20 (2010)
16-5-20. Simple assault
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsections (c) through (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "public transit vehicle" means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.
(d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.
(e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "school property" shall include public school buses and stops for public school buses as designated by local school boards of education.
(g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(h) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
For the purposes of this subsection, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.
Now, go ahead and point to any part of that law based on the video where Arbury was assaulted.
I can easily point to where he was guilty of assault:
(1) Attempts to commit a violent injury to the person of another;
Your thief is on video attacking McMichaels without anyone moving toward him or raising any weapon at him.
Go ahead, can't wait to see this dance
First, nothing was stolen. So my “thief” as you say, stole nothing. That kind of means he wasn’t stealing, and therefore was not a thief. But wait, there is more to consider.
Yay, you can quote the text of the law. But the Courts decide what the law means, and how it is applied to cases. Those decisions are called Precedence. In Georgia, the precedence including decisions in the State Supreme Court means that the McMichaels are in a seriously deep pit of trouble.
Here’s the thing about justification: you typically cannot raise it if you are the “aggressor” or if you “provoke the use of force” with the intent to use that force as an excuse. To use deadly force, the other person must pose a deadly risk.
So the big issue with the defendant’s case here is that they pointed guns at Arbery. We know this because, according to one District Attorney’s memo, the first shot went through Arbery’s hand as he was trying to grab the barrel. In Georgia, pointing a gun at someone is aggravated assault even if you had no intent to intimidate them.
The McMichaels will have to establish that they were in the middle of a lawful arrest when the assault began, and that will be difficult because they escalated force so quickly. Or they will have to establish that they made a “reasonable mistake of fact” that led them to believe their actions were justified. But that’s tricky, because their response was far from ordinary. Or they will have to show that it was reasonable to point weapons at an unarmed person in an effort to get him to stop — a ruling you would probably not want extended to muggers.
So using precedence according to the aforementioned Experienced Defense Attorney who has argued capital cases on appeal before, the McMichaels don’t have much of a case. The chances are very very slim that they can prove the shooting was justified.
You like many others, start the dance of who committed what crime at the moment that Arbury is rounding the truck. Unfortunately the events start long before that. And those events mean that the McMichaels were the aggressors, and that is why they are charged in full compliance with the laws.
Now, I may not like Precedence, or the way our court system works. But until someone gives me a better system to support, I am stuck with it, just as you and the rest are. The McMichaels were in the wrong. Absolutely and clearly in the wrong. There is no justification for what they have done. There is no excuse for it. And they are finding out how bad it is. They are being held without bail. Two citizens who never were in any trouble before, and being held without bail. By now, serious lawyers instead of the local yahoos are on scene and representing them. And still no bail.
What bothers you is that you can’t gun down a man in the street for no reason. You don’t get to instigate the shooting and then claim self defense. And it was instigated by the McMichaels. They did everything wrong from start to finish, and that includes talking to the cops afterwards. But they had to to get the Good Old Boys network to try and protect them. It tried, and failed. Now, they are in deep shit. Their statements are evidence against them. Their statements are really bad. My prediction, as a Georgian, is that they are going to Prison. There is one chance in a thousand that they will get a hung jury in the trial. There is virtually none that they are found not guilty.
They have one hope, and that one hope is the same one that freed Bundy and many others. Prosecutorial Misconduct. If the DA holds anything back, or breaks the rules, then I will support a dismissal of charges. I always support an individual civil rights, no matter the color, or the charge against them. If the police, or the DA lies, and they are in the habit of doing so, then the charges should be dismissed. But until that happens, they are entitled to a fair trial, and a jury of their peers. But with the evidence I have seen, and my training with the laws concerning bang sticks as a CCW holder, I think they are going to prison for a long time. For Daddy McMichaels, it is liable to be a life sentence.