Quote (inkanddagger @ May 12 2020 04:22pm)
If the law is the law to Goom he’d be calling for these guys to be prosecuted to the full extent for breaking several laws, including the illegal escalation.
If the law was the law to Goom he'd be saying that the devil's in the details and there are facts we know and don't know and once we boil down the incident to what is critical, we are left with an unresolved question that could hypothetically go either way.
We can use what we know to say that
if the McMichaels did not assume any criminal liability up to the point of the shooting, that the video and forensics pretty conclusively support their self-defense claim at the moment of the struggle: Arbery initiated the fight, the gun was only fired during the struggle and the evidence indicates it went off
because of Arbery pulling on it, and I don't think anyone can doubt that if Arbery gained control of it Travis McMichael would be dead right now. So that leaves us with the question of criminal liability up to the point of the encounter, which is
not a black and white issue. It depends on what the McMichaels knew and when, and what previous encounters led up to this, and the interpretations of Georgia's pretty nebulous citizen's arrest laws, and other such questions. Even just today we're getting more confirmed details:
https://www.ajc.com/news/crime--law/suspects-arbery-shooting-had-earlier-neighborhood-confrontation/HGz6ZaFXYs3pkJhke22x4J/Just 12 days prior to the shooting, Travis McMichael had witnessed Arbery trespassing at the same construction sites and went to confront him, but got scared away when Arbery appeared to reach for a gun, so he left and returned with his father while armed and Arbery was gone. Which supports what the McMichaels have been saying, that there were recent break-ins and burglaries unreported and possibly the theft of their gun from their front yard that they suspected had been committed by Arbery, and that the surveillance cameras were put up specifically
because of him. How does that factor in legally? Its not necessarily a good supporting evidence for them. It can both demonstrate why they'd want to be armed to confront him and why they'd suspect him without witnessing the burglary directly, but it might also chip away at their claim for a valid citizen's arrest in making their suspicion of him less immediate.
I think overall legally, its a pretty weak and strained case to be made for claiming attempting a citizen's arrest on less-than-perfect footing can count as aggravated assault to accommodate felony murder. Its just too tortured a legal pathway to turn lawful conduct into murder by splitting hairs over the minutiae of someone's justification. And its possible such a case could be made, but it might not be a good one in law, I've seen some miscarriages of justice like that in the past and its usually the black guy getting the shaft.
But penis_hat misses one thing, and its that I only take the legal interpretation was one of several lenses to examine the story. Law is law, I can divorce it from the other concerns, but there's also the lens of ethnics, of cultural judgment, of political impact, of potential for inciting riots or revenge. The McMichaels could be innocent in the view of the law but still have made poor and unethical decisions and prove to be complete jackasses. George Zimmerman comes to mind. Or maybe they did nothing wrong at all, but they'll wind up getting railroaded by a biased jury due to cultural pressure and a political crusade that didn't care about the facts. Or maybe they'll get set free after a highly televised spectacle of a trial and riots will break out
This post was edited by Goomshill on May 12 2020 08:47pm