The Death of Ahmaud Arbery

Can't specifically speak to Georgia's law, but it's not uncommon for murder to include all the lesser versions of homicide.

And how will you show that?

And to head off the inevitable answer someone will bring: no, that the victim is dead is not sufficient.

P.S. Where the f**k you been?

The elder McMichaels was retired law enforcement or assistant DA or something like that, right? So he should know the statute on citizen’s arrest, and how what they were doing wouldn’t qualify as a legal one. If false arrest/imprisonment is a felony, this is pretty clear-cut felony murder.

Remember, though, that prosecutors will often slap far harsher charges on suspects than they actually plan to charge them for. The idea being that the perps will take a plea bargain for a lesser charge. That may be what’s happening here.

Welcome back, @Raoul the Red Shirt!!! I hope you stay around for awhile.

The way prosecutors generally show intent is from the totality of the circumstances. No one can read someone's mind, and so prosecutors, defense attorneys and juries all try to interpret what is intent from what facts there are.

So they would make the arguments that people here and elsewhere have been making -- that the men took the law in their own hands, picked on someone they had no reason to suspect of having committed a crime, confronted him in a way that was either deliberate or reckless, instigating a confrontation, and when he tried to defend himself, shot him.

The defense in this case will probably portray the suspectsasgood people who were doing their civic duty when the victim unexpectedly lunged at them and forced them to have to defend themselves, justifying the shooting.

Haven't watched the video, don't plan to, but as I understand it it probably shows more supporting the former version than the latter.

As for where I've been, nowhere special. Surprised my password still works.

It is true that the prosecutors here may secretly hope to get the suspects to plead to manslaughter or something similar. But seems like there's enough for a good=faith charge of murder, I say without having all that much information about the underlying case.

Political pressure might make it hard for prosecutors to want to pursue a plea. I don't know about you. but if I'm part of the new set of prosecutors, I would not want to handle a case where there is international coverage, and where both the president and his chief rival both have commented, and do anything that could be considered too lenient.

It also seems to me that it would be unlikely to expect these particular defendants to plead to anything. (Presumably) no previous criminal history. a plausible or plausible-adjacent story of self-defense, people out there who are willing to pick up their bail...a decent chance that they get a jury to see their perspective. They have a lot going for them.

You still do not understand how the statute is structured. A malignant heart is not a requirement, it's one of two options to fulfill the malice requirement.

If you are conscious, pull out a loaded gun, aim it at someone, and pull the trigger, are you not intending to cause them harm (or even kill them)?

My understanding is that he worked as an investigator for the local DA, the one that recused herself. It is fairly common, from what I understand, for a cop to retire after 20-30 years, enjoy the sweet pension from that line of work, and then get such work for a local prosecutor. Basically, you track down witnesses, get records, all similar to what he might have done as a cop except for risk getting shot at or having to work OT and stuff like that.

False imprisonment is a felony.

https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-41.html

But one thing that is not stated is that with crimes, generally there has to be a mental state associated with them. For most, this is "knowingly."

So a key question would be whether the suspects knew that they lacked legal authority to try to detain the victim.

Even though one of them was a former cop, that does not necessarily mean that he is educated about the nuances of the law, especially one that he probably didn't have to deal with on a month-to-month basis.

I am sure you can use federal and state hate crimes too.

For such a hateful place, GA has no hate crime laws.

Dude, you haven't posted in nearly six years. How are you, where have you been?

Gee I wonder why?

We gave it to Baba to keep it safe.

which begs the question: if you feel that Georgia is such a "hateful place" why again do you live here? Lose a bet? Leaving Georgia is a violation of your parole? What's the deal?

WHere was steve lanzman Raoul touched by grace park?

Hey, welcome back

That simply is not true.

Well, maybe it's true IRL, but the Wordforge programming makes it not only possible but downright easy.

So easy, in fact, that most of us can know what others are thinking better than they can themselves. That way we can tell them what they mean!

I wish it weren't true. The only place I liked living less was Dade County FL.

If jobs were as accessible and moveable now as they were in the 90s, and I was the age I was then, you could color me gone.

Here's the litany of places lived in case you're wondering:
Seattle,
Stratford, Ontario
Charlotte, N.C.
Salt Lake City
Miami
Denver
Nice, France
Seattle (again)
San Francisco
Atlanta

Yes, GA is a hateful place compared to all the rest (even Miami).

Stratford?
How (and when) did you wind up there?

Other than the theatre and a closed auto parts factory, there's not a lot to the place.

And Justin Bieber.

It was pretty idyllic as a kid. '68-72. My dad was a manager at a factory, AO Smith. At the time it was making commercial boilers.

sad you feel that way. Yes there are hateful people wherever you go - I've lived plenty of places too. Maybe the Atlanta area has a bunch but Augusta doesn't.
Yes we have some crime but not too many hateful people that I've run across.

That's a good place to live.

It's nice.

Don't worry about Steve.

He's one of those assholes that says everyone else is an asshole but then you realize with that many assholes in Steve's world it's Steve that's the asshole.

10

It's because he doesn't have a fucking avatar.

no avatar? I don't blame him - not one to brag, but mine is so incredibly awesome it's a tough act to follow! If I were younger I'd get a cheetah tattoo.

'
In fairness, those seem to be some pretty awesome places to live from the outside. (The only one where I have lived close to is SF, so I might be wrong in terms of the impressions I've gotten from visiting and from reports).

No no no. You're obviously unfamiliar with the French language. It's spelled "Nice" but it's pronounced "throat warbler mangrove."

In Slovakian that's spelled "Raymond Luxury Yacht".

And how is "throat warbler mangrove" pronounced? In French?


(I get a chuckle just out of imagining a French person trying to pronounce "throat" correctly... )