Yes they have and I’ve spelled out exactly why.
If they stick with murder there’s a very good chance they fail to get a conviction.
Their guns were never used offensively, nor even as a threat by brandishing under GA law that is required.
Was the gun pointed at Arbery when it was fired (3 times)?
Was it accidentally fired, or intentionally fired (3 times)?
I just posted the law. It does not require threats or brandishing.
They committed an act that placed Arbery in reasonable apprehension of immediately receiving a violent injury - that’s assault - and they used deadly weapons to do it - which makes the assault aggravated.
And you remain wrong.
He had options to escape, no false imprisonment.
Their guns were not used in violation of the brandishing law.
The only time a gun was pointed at him at all was when he decided to try to take it away from the guy he charged.
When someone tries to take your weapon you have a legitimate use of deadly force to stop them.
Murder is a very high bar and if they stick with that charge there’s a very high probability they end up waling or hanging the jury.
IF they had threatened him with their guns in order to stop him the whole nature of the crime changes but there’s zero evidence they did so at least on the video we’ve seen.
This boils down to imperfect self defense and Involuntary Manslaughter.
Focus. We’re talking about the charge of aggravated assault - not any of the things you’re going on about here.
Aggravated Assault is a felony. Arbery died. Felony murder.
Those are the charges they were arrested for.
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And here’s the thing about felony murder that some of us have been trying to talk about for years -
The elder McMichael participated in the assault - the predicate felony - which makes him just as legally culpable for his murder, even though his son is the one who pulled the trigger.
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If you can’t make the others stick you can’t make Aggravated Assault stick either.
That would require them threatening him with their firearms and they didn’t, at least not on the video.
I posted the law.
Do you doubt that a reasonable person in Arbery’s shoes would find that being chased by a truck full of gun-toting rednecks would create a reasonable apprehension that they may likely immediately recieve a violent injury?
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If you felt you had a case you wouldn’t need to make things up.
How many people were in the truck?
Other than telling him “hey we want to talk to you” exactly what did they do to threaten him?
The Official Code of Georgia Annotated (OCGA) 16-5-21(b) states that a person commits the offense of aggravated assault when he or she assaults:
- With intent to murder, to rape, or to rob;
- With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Elements of Aggravated Assault:
To obtain conviction, the prosecutor must prove the elements of aggravated assault which include: 1) an assault on a person as defined in OCGA 16-5-20, and 2) the presence of any of the statutory aggravators enumerated in OCGA 16-5-21 (b).
You’re not grasping what the standard is here. But it’s right there in the law -
A person commits the offense of simple assault when he or she commits an act which places another in reasonable apprehension of immediately receiving a violent injury
If you were (a black man in rural Georgia) out jogging, and a truck full of gun-toting (large, white) men kept chasing him down, would you reasonably believe you might immediately recieve a violent injury?
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I not only undferstand it I’ve explained it and provided citations which you have not.
Why do you feel the need to make things up?
How many people were in the truck?
With what offensive weapon did they attempt to rape, rob, or murder him?
I cited the actual law.
Repeatedly. It’s all here.
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Repeating the same failed argument doesn’t make it any more sound.
Stop dodging a give us a straight answer for a change.
How many people were in the truck?
With what offensive weapon did they attempt to rape, rob, or murder him?
Why does that matter? There were two (visibly armed) men in the truck - one in the cab, and one in the bed.
You should read that list again - it’s an “or” list, not an “and” list.
The guns they held were the “deadly wrapons”.
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It must matter since you made completely false inflated claims about a “truck full” of guys coming after him.
Simply being in possession of a gun is not a crime and is not threatening under GA law.
Did they attempt to run him over?
Did they swerve at him?
Did they point guns at him and order him to stop?
No.
Did they attempt to rape, rob, or murder him?
No.
The guns were not a factor at all until HE charged and made a grab for the gun.
The predicate intent is not there to justify a murder charge nor is a predicate felony.
It isn’t a crime to try and stop someone and talk to them.
You are trying desperately to deflect and distract from the actual law.
The standard here is whether a reasonable person in Arbery’s shoes would feel threatened.
Whether their guns were legal, or whether they pointed or brandished their guns is irrelevant.
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I’m not deflecting from anything, I’ve provided the law, the elements that must be proven and the case law supporting it.
You on the other hand keep repeating the same baseless argument not supported by either the facts of the case or the law.
Come on, man. This is just silly.
I provided the law. You provided bluster and failure. It’s all here, posted in this thread. Everyone can go look, and see that you’re just making things up.
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I provided the law, the required elements, and the case law in support.
You keep repeating failed arguments and things that simply are not true.
You have failed in every way possible to make a case.
