Trayvon Martin all over again.

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Jaskalas

Lifer
Jun 23, 2004
35,155
9,301
136
In this case unless you are a KKK member or a white supremacist these two men are murdered that black man!!

The stronger points against GZ was his "pursuit" of TM. It did not hold up given the movements of both parties.

I see no such mitigation here, as two men run down a man on the street and threaten him with weapons. On the spot. They wholly own the deadly conflict far as I see the facts. One should not be able to force a man to try to defend himself, and then claim self defense for yourself. We have plenty of evidence that this is what they did, and they should go to trial for murder. Given the facts today, I would convict and call for execution.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
GA law states in order to make a citizens arrest you must have either "witnessed" the crime or have knowledge a crime was just committed. Let's assume he was a suspect, those 2 guys were not in any position to know if a crime had just been committed. They had no grounds for a citizens arrest.

Also you are acting like local justice in on the up and up. Why was no grand jury called for until the video was released? They were going to bury this until other evidence popped up

You still have not answered why no arrest? We have at a minimum probable cause for arrest.

Now we know they are suspected at a minimum (your word) of negligent homicide it would be ok for a black mob to go to their house call them our and demand answers. Since we have the video there is evidence a crime had just been committed. Is this another "only white people" get to approach suspected criminals armed with deadly weapons?

You also omitted Arbury was a regular jogger. Known for running in streets.

Did you hear me state anything about the citizen arrest defense? Nope. I stated it is legal to confront anyone over anything in the US. I said it is perfectly legal for me to see you running by and I stop you to say, "Hello! Can you ask you something?"

What is not legal is me holding a gun while doing that. I can have a gun on me, but I can't have it in my hands at the ready. I don't even think the Citizens Arrest law allows for that. It's a stupid thing to do and escalates things needlessly. In most places, it is illegal to brandish a weapon, and having it your hands at the ready is considered brandishing and thus anything that stems from that illegal action can make other actions illegal. The death would be such an furtherance action.

Those guys are not cops, and can't claim probable cause like cops can usually. Most citizen arrests only allow for that for a crime being in progress. If GA doesn't have that being their form of citizens arrest, then they have a fucked up law because most citizen arrest laws are structured that way to prevent vigilantism and problems like this. From what I saw of the GA law though it is line with laws from most places. So the citizens arrest defense and why they illegally had their guns drawn is crap.
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
Supposedly there is more than they went off the description of a "black man" here. However, if not then yes it would be racially motivated. There is conflicting reports out right now about the motivations behind the McMicheals. What a lot of people don't know, is that the father here was originally a police officer before and investigative detective. I am just having a hard time at this point in time believing that he went after some random black dude he saw running down the street because "race" as many here are wanting to call it.
Anyone can hate anyone, it's possible he thought he saw a possible suspect but damm, having two guys with loaded guns in pursuit and stopping him from jogging is just insane. Call the cops if you think you see anything suspicious, I think they will eventually see a guilty conviction here, the 'defense" crap will fail, since there is audio and since 12-gauge shotguns tend to be quite loud, it's clear the "tussle" for the gun began after he had already been hit. Such nerve!, attempting not to die after he'd already absorbed a shotgun blast.
 

Maxima1

Diamond Member
Jan 15, 2013
3,549
761
146
Anyone can hate anyone, it's possible he thought he saw a possible suspect but damm, having two guys with loaded guns in pursuit and stopping him from jogging is just insane. Call the cops if you think you see anything suspicious, I think they will eventually see a guilty conviction here, the 'defense" crap will fail

A defense letting them completely off might fail because of law regarding brandishing.

since there is audio and since 12-gauge shotguns tend to be quite loud, it's clear the "tussle" for the gun began after he had already been hit. Such nerve!, attempting not to die after he'd already absorbed a shotgun blast.

Are we seeing the same video? To me, it seems like no shots were fired until sometime after noticing Arbrey is rushing the guy with the shotgun.
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
A defense letting them completely off might fail because of law regarding brandishing.



Are we seeing the same video? To me, it seems like no shots were fired until sometime after noticing Arbrey is rushing the guy with the shotgun.

There are a few videos and the audio seems off on all of them. However, one detail is that in all of them, the first shot is most definitely heard after Arbrey starts running at the guy with the shotgun as he rounds the front of the truck. One video has the initial shot right as Arbrey makes physical contact, and one a few seconds later when the gun is pointing down at the ground. If the later audio is more correct, there would be evidence of the shot being fired into the ground. The only conclusion I can draw here is that I hear the shots being made after Arbrey ran at him, which at least would indicate the shot wasn't fired in cold blood for murder. Then again, the audio could be so far off the shot actually did occur before he started running at him. I find that highly unlikely for anyone to run at a person holding a gun that is already shooting at them and has hit them. A shotgun if fired first before Arbrey started running isn't going to miss from that distance. Which is kind of the point of a shotgun.

I am only saying the case for this being a couple of "white assassins" shooting first is a pure bullshit claim based on the evidence presented. I already stated my views though of the evidence I know it still pointing to them being guilty of crimes including negligent homicide or manslaughter.
 

pauldun170

Diamond Member
Sep 26, 2011
9,272
5,328
136
A defense letting them completely off might fail because of law regarding brandishing.



Are we seeing the same video? To me, it seems like no shots were fired until sometime after noticing Arbrey is rushing the guy with the shotgun.

Pick random person walking on the street.
Get in truck and chase after them with one of your buddies also driving behind you.
Cut them off at an intersection in the neighborhood. When "unsuccessful," try to "intercept him" on another street.
Shout at them. Tell them to stop.
Stop truck in middle of the road blocking his path with your buddy cutting off the rear.

Get out of the truck with a shot gun when they do not stop.

When the person runs to the other side of the truck, advance on them to cut them off with a shot gun.

When the person that you have chased and now are rushing to cut them off after they purposely avoid you by running around the truck reaches out to grab the shotgun, shoot them. (He was shot in the hand when they were in front of the truck)

If the the person continues....keep trying to shoot them until they are dead.

When cops show up, tell them that the guy you chased down and pointed a shotgun at “began to violently attack”

In an earlier call at 1.08pm, a different unidentified caller reports “a guy in a house right now, a house under construction”. The dispatcher asks if the man is breaking into the property, to which the caller responds: “No, it’s all open, it’s under construction.”

The caller then says, “He’s running right now, and there he goes right now,” referring to Arbery, who was taking his usual jog around the neighborhood. The dispatcher asks: “OK, what is he doing?” The caller replies: “He’s running down the street.”

A few second later, the dispatcher says: “I just need to know what he was doing wrong. Was he just on the premises and not supposed to be?”


“Uh, I’m out here at Satilla Shores. There’s a black male running down the street,”
Travis, the guy is running down the street, let's go
The 911 calls show the dispatcher was asking the men what Arbery is doing that was of criminal concern, Merritt said.

"They didn't give any answer for that, they said, 'He's a black man running down our road,'" Merritt said.

Only one burglary, an automobile burglary, was reported to county police in the Satilla Shores neighborhood between Jan. 1 and Feb. 23, according to documents obtained by The News in a public records request to the Glynn County Police Department. It involved a Smith & Wesson M&P 9 mm pistol stolen Jan. 1 from a pickup truck outside 230 Satilla Drive, the home of Travis McMichael, according to the police report.
 
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BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
There are a few videos and the audio seems off on all of them. However, one detail is that in all of them, the first shot is most definitely heard after Arbrey starts running at the guy with the shotgun as he rounds the front of the truck. One video has the initial shot right as Arbrey makes physical contact, and one a few seconds later when the gun is pointing down at the ground. If the later audio is more correct, there would be evidence of the shot being fired into the ground. The only conclusion I can draw here is that I hear the shots being made after Arbrey ran at him, which at least would indicate the shot wasn't fired in cold blood for murder. Then again, the audio could be so far off the shot actually did occur before he started running at him. I find that highly unlikely for anyone to run at a person holding a gun that is already shooting at them and has hit them. A shotgun if fired first before Arbrey started running isn't going to miss from that distance. Which is kind of the point of a shotgun.

I am only saying the case for this being a couple of "white assassins" shooting first is a pure bullshit claim based on the evidence presented. I already stated my views though of the evidence I know it still pointing to them being guilty of crimes including negligent homicide or manslaughter.
So lets see here, he rounds the truck to see a 12-guage pointed in his face, now he might have though that these 2 men who had already cut him off once were going to shoot him at this point, are we going to play the "he should have done this or that " game?. No, they shouldn't have been accosting him in the 1st place, a young man is dead because these guys were irritated he was jogging in "Trump country".
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
According to a release from one of the original prosecutors, take it with a grain of salt but it was stated to the press, that Arbery already had a previous charges against him.
Take nothin g with a grain of salt!! YES!! He did as a child, should that allow those who assassinated him to go free?
The Times reported that "court records show that Mr. Arbery was convicted of shoplifting and of violating probation in 2018. Five years earlier, according to the The Brunswick News, he was indicted on charges that he took a handgun to a high school basketball game."

Arbery's mother, Wanda Jones, told CBS News that her son's previous brushes with the law have nothing to do with what happened the day he died, maintaining that he was the victim. She told the outlet that the McMichaels "should have waited for the authorities to arrive."

Hardly worthy of being assasinated!!
 

HurleyBird

Platinum Member
Apr 22, 2003
2,792
1,512
136
So lets see here, he rounds the truck to see a 12-guage pointed in his face, now he might have though that these 2 men who had already cut him off once were going to shoot him at this point, are we going to play the "he should have done this or that " game?. No, they shouldn't have been accosting him in the 1st place, a young man is dead because these guys were irritated he was jogging in "Trump country".

Well, he's not on trial so it doesn't much matter what he might have or could have done. It's the assailants, specifically the father who is in legal jeopardy. He obviously shouldn't have been brandishing a weapon, and hopefully he's found guilty of something if only for that much, but the murder charge itself may be an uphill battle. It's unfortunate that the camera veered away during important moments and that during the most important moment (just prior to the first gunshot) the subjects are largely occluded by the truck. Given the way self defence laws are structured (which is arguably too permissive), and that the threshold is reasonable doubt (which is exactly what it should be), that leaves a lot for the defence to work with.

Which isn't to say that there might not be more witnesses or evidence, or perhaps the short conversation in the video can be enhanced and isolation and will provide more context... but just based on the video alone I'm skeptical that it will support a murder charge. I think the best you could pin on him would be negligent homicide.
 

Mai72

Lifer
Sep 12, 2012
11,562
1,741
126
Thank god for the video. Without the video, and these clowns would had gotten away with murder.

I think justice will prevail as long as enough pressure is put on the DA to cobvict them both. My only worry is the fact that this is Georgia. And, let's be honest. If anyone of use were jogging we wouldn't had been approached. But a black male? You betcha...
 

interchange

Diamond Member
Oct 10, 1999
8,025
2,876
136
Well, he's not on trial so it doesn't much matter what he might have or could have done. It's the assailants, specifically the father who is in legal jeopardy. He obviously shouldn't have been brandishing a weapon, and hopefully he's found guilty of something if only for that much, but the murder charge itself may be an uphill battle. It's unfortunate that the camera veered away during important moments and that during the most important moment (just prior to the first gunshot) the subjects are largely occluded by the truck. Given the way self defence laws are structured (which is arguably too permissive), and that the threshold is reasonable doubt (which is exactly what it should be), that leaves a lot for the defence to work with.

Which isn't to say that there might not be more witnesses or evidence, or perhaps the short conversation in the video can be enhanced and isolation and will provide more context... but just based on the video alone I'm skeptical that it will support a murder charge. I think the best you could pin on him would be negligent homicide.

First, you are absolutely right about establishing Arbery's actions as self-defense isn't legally meaningful because he's dead and not defending himself against any charge.

Second, I'm not sure about the charge. And not all states have equivalent statutes. Georgia has malice murder which would probably hard to demonstrate and felony murder which would mean they would have to be in commission of a felony when he was killed. I don't know what charge would apply. I'm pretty sure a simple assault would, but that's not a felony. But IANAL or LEO. Maybe someone else knows.
 

esquared

Forum Director & Omnipotent Overlord
Forum Director
Oct 8, 2000
24,681
5,837
146

HurleyBird

Platinum Member
Apr 22, 2003
2,792
1,512
136
From the article:

Gregory McMichael, a 64-year-old former police officer, and his adult son, Travis, 34, were captured on the video, which was taken by Travis' neighbor, William Bryan.

The three men were in "hot pursuit" of Arbery, according to a memo obtained by USA TODAY, written by the district attorney who previously led the investigation into Arbery's death. The attorney initially told police he did not see grounds for an arrest of the men, according to the memo.

Well this just makes the entire story far more interesting. If the guy making the video was a part of the posse, then I wonder how the video was released? Did they think it was exculpatory? Did the third guy have a crisis of conscience? Did someone else get a hold of the video somehow? Has it been molested in any way? At the very least it puts into question what happened after the video caught off, since that point may have been picked out of convenience.

Edit: Looks like the video was posted anonymously.

Edit 2: Well, teaches me to skim before I post.

Alan Tucker, a criminal defense lawyer in Brunswick, put out a statement Thursday saying that he released the video.

"My sole purpose in releasing the video was absolute transparency because my community was being ripped apart by erroneous accusations and assumptions," Tucker said. "There had been very little information provided by the police department or the district attorney’s office, but there was entirely too much speculation, rumor, false narratives, and outright lies surrounding this event."

Tucker said that while his firm had not been retained to represent anyone in the case, it "may be." Tucker said he obtained the video from the person who recorded it on their cell phone.

That's even weirder than I had originally thought! Probably one of the posse came to Tucker for advice and shared the video with him? Makes sense. They might have shared a redacted version because there's something unflattering after it cuts out, then Tucker had a crisis of conscious and shared what he had?
 
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HumblePie

Lifer
Oct 30, 2000
14,665
440
126
From the article:



Well this just makes the entire story far more interesting. If the guy making the video was a part of the posse, then I wonder how the video was released? Did they think it was exculpatory? Did the third guy have a crisis of conscience? Did someone else get a hold of the video somehow? Has it been molested in any way? At the very least it puts into question what happened after the video caught off, since that point may have been picked out of convenience.

Edit: Looks like the video was posted anonymously.

According to the second prosecutor released affidavit here, The McMichaels and Bryan Williams were in "hot pursuit" chasing him as they witnessed a crime that happened and were attempting to stop him. If that is the case and Arbrey had committed a crime that they directly witnessed, the whole scenario is vastly different. What I said earlier about having weapons brandished is no longer illegal if they are dealing with someone that has committed a crime they were in direct witness of. Again, it's best to take a wait and see approach her to understand the dynamics of what happened in this case.
 
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soundforbjt

Lifer
Feb 15, 2002
17,788
6,041
136
[
According to the second prosecutor released affidavit here, The McMichaels and Bryan Williams were in "hot pursuit" chasing him as they witnessed a crime that happened and were attempting to stop him. If that is the case and Arbrey had committed a crime that they directly witnessed, the whole scenario is vastly different. What I said earlier about having weapons brandished is no longer illegal if they are dealing with someone that has committed a crime they were in direct witness of. Again, it's best to take a wait and see approach her to understand the dynamics of what happened in this case.
Here's exactly how I think you should see this...followed by this: " Again, it's best to take a wait and see approach her to understand the dynamics of what happened in this case."
 

HumblePie

Lifer
Oct 30, 2000
14,665
440
126
[

Here's exactly how I think you should see this...followed by this: " Again, it's best to take a wait and see approach her to understand the dynamics of what happened in this case."

If there is evidence that they witnessed him doing a crime that changes the whole dynamic as I stated. All we have is the word of a prosecutor right now though, which does have some weight as evidence despite what many around here would want to believe. If your opinion is that this prosecutor I am sure you "personally" know is a lying scumbag I have nothing to say to convince you to rational otherwise.

I am stating that if there was a crime Arbrey committed right in front of them, and it better be something than kicking a rock at a house or crap like that, then it changes the dynamics of the case. If there isn't any said evidence then I stand by the opinion I made earlier about the men committing a crime of brandishing weapons which led to a negligent homicide. That is how it is going to go down in the courts I believe based on what I've seen of this case. Again, more info may be released and changes things again. Or not.
 

Fenixgoon

Lifer
Jun 30, 2003
32,900
12,196
136
According to the second prosecutor released affidavit here, The McMichaels and Bryan Williams were in "hot pursuit" chasing him as they witnessed a crime that happened and were attempting to stop him. If that is the case and Arbrey had committed a crime that they directly witnessed, the whole scenario is vastly different. What I said earlier about having weapons brandished is no longer illegal if they are dealing with someone that has committed a crime they were in direct witness of. Again, it's best to take a wait and see approach her to understand the dynamics of what happened in this case.

Let's suppose all this is true. why are they chasing down an armed criminal? That's what police are for.
It's a paper thin story and reeks of bullshit.
 
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