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Keep in mind that the defendants don't have to articulate anything at all. They can still assert their 5th amendment rights and not take the witness stand.
Their attorneys will have to do the articulating. In some states, if a defendant asserts self-defense, the burden of proof is on the defendant to show that he or she was justified in using deadly force.
Florida, for example, is different. The burden of proof is on the prosecution to show that the self-defense assertion is weak or fallacious. I don't know if Georgia requires the defense to prove a self-defense assertion or not.
If I were the McMichaels' attorney, I would keep them off of the witness stand and make the prosecution earn their paycheck. If either of the McMichaels gives up their 5th amendment right against self-incrimination the prosecutor could shred them during cross-examination.
@Dthomas3523, those are all good points. Does Georgia require the defendants to prove their assertion of self-defense or is the burden of proof placed on the prosecution?
That affects the way both parties approach the case.
He never learned what to say which could of saved his life " Hands Up Don't Shoot "
Exactly. He was a hot-head and the police body-cam from 2017 showed that. He may have lived if he had put his hands up or run the other direction.
That same body-cam video may offer us a peak into his mindset as well.
Because he had run-ins with the police prior to the shooting he may have thought that they would take him away for good. Having been arrested before he probably didn't want to go that way again. So in his mind, the best way out of an arrest is fight the guy with a gun. It's still a foolish move.
Fuck,you should send that resume to *****It's something I dabble in when I'm not handing out medical device, providing political consulting, or negotiating trade agreements. Hey, if Elon Musk can become a paper billionaire by pretending to know a bunch of stuff, then maybe I can at least get enough gain in wealth to buy a new optic and some reloading supplies. Hasn't happened yet, but gotta fake it until ya make it...
No disagreement. This is going to be a very interesting and likely very technical trial forthcoming should it get to that stage.Intent would only need to be proven for a conviction. Typically the act is what gets you arrested and then intent is the job of the prosecutor.
Say I pull you over and you allow me to search your vehicle. I find narcotics hidden in the spare tire area. You just purchased the vehicle at an auction and claim you didn’t know it was there. I’m still going to arrest you (possibly with an intent to distribute charge if the amount of narcotics is enough). But the prosecutor might determine he either believes you or he thinks a jury would believe you, so the charges are dropped. Or you go to trial and a jury finds reasonable doubt and returns a not guilty verdict.
But at any time during that arrest you fought back, I would be justified in using the necessary amount of force up to and including deadly force if necessary. Even if it turns out you actually had no idea the narcotics were in the vehicle. The facts *at the time* supported my probable cause to arrest you.
So, in this case, as long as they can articulate their probable cause they believed he had possible committed a felony, they don’t need to show any intent.
What is it about the winter coat and nothing underneath while others are in T shirts? Is that a hood style or was the guy just odd?
Great minds...... I must have been typing when you made the same comment - now that is funny!August 1st in Georgia!![]()
Looks like the local PD might have been distracted by some other stuff going on at this same time:
William Roddie Bryan, the man who recorded the deadly February shooting of Ahmaud Arbery in Georgia, has been arrested on charges including felony murder, the Georgia Bureau of Investigation announced Thursday night.
That black women prosecutor said she wanted a death penalty.
That black women prosecutor said she wanted a death penalty.Looks like they are also pursuing false imprisonment charges.
That would imply the state’s position is there was either no felony or no probable cause for a felony at the time they saw him leave the property. Making their attempted detention/arrest illegal and false imprisonment.
That black women prosecutor said she wanted a death penalty.
There's a lot of wheels turning now
Once the media and Atlanta Yankees became involved, this is 100% about race.Source? And is there a reason people are pointing out she’s black?
Kinda hard for people to get irritated about the media exploiting race and then bringing it up. Makes it look like the media is just giving people what they want vs exploiting it.
there could be hundreds of irrelevant hypotheticals to Not answerseriou
ok you wife/sister is being detained against her will by two random armed men. She fights for her life and they shoot her. Irrelevant? She had it coming to her? It was to be expected? What if last week she stole a lipstick from a local store justified?
And all of this would make perfect sense if the dead guy wasn't ..black. some are more equal than others now.I'm curious about the folks that are saying that Mr. Arbery had every right to charge/fight/attack Mr. McMichael and take his shotgun away.
Have any of those folks arguing on behalf of Mr. Arbery ever had a gun pointed at them when they are UNARMED?
I can speak from first hand experience. Trying to get the gun out of someone's hands can be extremely foolish. Sure we see some martial arts experts take a "dummy" gun from someone on the judo mat or the occasional store clerk grabbing a pistol out of a robber's hands when they put it to their head.
There are rare examples of an unarmed victim taking a gun away from an armed person.
I was closer to the person aiming the 1911 at my head. I was in much better shape and exponentially faster than the person with the pistol but there is no way I could have disarmed him before he could pull the trigger.
Again, I am saying all this because, Mr. Arbery was at least 20-30 yards away when he spotted the shotgun. Regardless of the reason he decided to go after Mr. McMichael instead of running in the other direction was the last foolish thing he had ever done in his life.
Mr. Arbery had the advantage of distance between him and the shotgun but chose not to take it.
Go through a situation when someone has a gun pointed at you and afterwards tell me why you didn't try to take it away from him or her. It's a lot different than watching a video from the comfort of your chair than to actually experience it.
Give me just one second while I slip into some comfortable nomex.
I'm curious about the folks that are saying that Mr. Arbery had every right to charge/fight/attack Mr. McMichael and take his shotgun away.
Have any of those folks arguing on behalf of Mr. Arbery ever had a gun pointed at them when they are UNARMED?
I can speak from first hand experience. Trying to get the gun out of someone's hands can be extremely foolish. Sure we see some martial arts experts take a "dummy" gun from someone on the judo mat or the occasional store clerk grabbing a pistol out of a robber's hands when they put it to their head.
There are rare examples of an unarmed victim taking a gun away from an armed person.
I was closer to the person aiming the 1911 at my head. I was in much better shape and exponentially faster than the person with the pistol but there is no way I could have disarmed him before he could pull the trigger.
Again, I am saying all this because, Mr. Arbery was at least 20-30 yards away when he spotted the shotgun. Regardless of the reason he decided to go after Mr. McMichael instead of running in the other direction was the last foolish thing he had ever done in his life.
Mr. Arbery had the advantage of distance between him and the shotgun but chose not to take it.
Go through a situation when someone has a gun pointed at you and afterwards tell me why you didn't try to take it away from him or her. It's a lot different than watching a video from the comfort of your chair than to actually experience it.
Give me just one second while I slip into some comfortable nomex.
As of right now, the story is heading in the direction of the moment captured on video was the 2nd or 3rd time they attempted to subdue him. The reason the person taking the video was arrested was because he told police he tried to cut him off with his vehicle as well.
You can only run away so much until you decide to give up or fight.
Not to mention nothing in your post has anything to do with the legality of it. Was us a smart move to try to take the shotgun? Possibly not. Was it legal? Well, that depends on the outcome of the case.
Same situation with the two accused, was it smart to go chasing after him? Possibly not. Was it legal? That remains to be seen as well.
Was it smart for Zimmerman to follow on foot. Probably not. Was it legal? Yes it was.
There’s a *huge* difference between what’s smart and what’s legal/a right. Open carry is legal in places, but it’s typically not a good idea to show the criminal who to shoot first. The list goes on and on.
This isn’t a case about what was or wasn’t a good idea.
So I'm not gonna wade into the discussion much further than this, but here's something to chew on... and my tin foil hat has been set aside...
My GUESS is that the MSM has the entire video, but it doesn't stoke the fire, so they're chopping off the part that makes it decisive.
If you've noticed, one day they'll show a body cam video of the deceased in different positions of possible wrongdoing, and the next will be of the opposing side's situation. Next will be discrediting the LE agency (whether valid or invalid, it's not really relevant to my point and I don't have an opinion there).
All of this keeps everyone on every side interested in the story.
Then you look at the public document sent from the DA to the LE agency and have to see they were stonewalled when they obviously wanted to charge the accused.
Any DA in a Ga. County can breathe life into or kill any warrant within a short conversation in the courtroom. They most likely knew better than to present it if their chief prosecutor isn't on board. I dont know about other states, but this is for shit sure in Georgia.
After the media outrage began, they assigned the GBI and a "special" prosecutor, and regardless of who she is or what she looks like, my bet is she didn't want to touch this thing with a 10 foot pole regardless of the evidence. But she was probably forced. For an elected official, screw this up on her end and its career suicide. Especially in a county that's as divided as Cobb.
If this turns out like I suspect, she made the smart play for her career and her career alone. Charge everyone involved with everything but the kitchen sink and let the jury be the bad guys in the end if it comes to that. Either way, the onus is off of the GBI and her as far as public opinionis concerned.
Whether he was a saint or a career criminal isn't really relevant when it comes to the short time surrounding the end of his life. That's obviously the media trying to capture an audience. This trial won't be able to have anything to do with his history outside of character assasination. The video that we've all seen doesn't look good, but they rarely ever do until it's been seen in it's entirety and any other evidence is considered.
I look forward to seeing all the evidence and I'll not make any judgement until that time.
That’s a good assessment. Remember that it doesn’t take much to indict Even a ham sandwich.
They also have to get past a grand jury before a full trial.
Violence sells newspapers and gets news networks advertising dollars. If there was complete racial harmony in this country that would hurt the ability of the MSM to make money.
Headlines that say “Whites and Blacks Live in Harmony,” don’t sell like “Atlanta Has Not Burned Like This in 156 Years.”
I think I better hide in my basement rather than confronting burglars on the street.
Please explain...
I don't want to be prosecuted for murder.
Zimmerman tried to stop a burglary: prosecuted for murder.
The Georgia guys tried to stop a burglar: prosecuted for murder.
Let my neighbors be on notice: You are on your own to stop burglaries because I don't want to get prosecuted. For anything.
The issue is you need to have a pretty good understanding of the laws you are attempting to enforce.
Ummm you forgot moneyI am a lawyer, so I understand that knowledge of the law is nearly irrelevant; knowledge of the D.A.'s political leanings is the most important consideration.