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Unlawful shooting, resulting in death aka.. Murder. Plain and simple, based on the facts that have been given to the public.
Yes, Ahmaud was on video entering an unconstructed home, which can be perceived as "trespassing" but, was it? Georgia law states the following:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
In order for someone to commit CRIMINAL TRESPASS, the three things above need to be met. Yet, none of them were met.
We have no evidence that shows Arbery was on that property for an unlawful purpose. The owner of the unconstructed home stated they believed nothing was stolen. Arbery could have been simply looking at the unconstructed home, like so MANY people do. It is not uncommon to check out an unconstructed home, especially if you are in the market to buy a home. Second, Arbery was never issued a notice of trespass, no signs posted, there were no gates, or fences. Therefore he was not trespassing. Listen to the 911 call, caller states "it's all open, its under construction". Third, no one ever told Arbery to leave, he left on his own willing when he saw the neighbors outside. Yes that's sketchy, but not a crime. Therefore, Arbery did not trespass, did not commit burglary, and did not commit any other crime.
The McMichaels, are using "Citizens Arrest / Self Defense" as their legal defense for murdering Arbery. Georgia law states "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion." Based on the videos the public has been provided, Arbery did not commit any crime inside the home. Therefore, McMichaels have no justification to make a citizens arrest. The McMichaels only saw one thing, a black male running/jogging down the street, which is not a crime. The McMichaels only had knowledge of past incidents, and a broad description of a possible suspect, so they figured, "well black male running in the street, must mean he is the offender". They did not have any knowledge of an IMMEDIATE crime, as the law states. "Within his immediate knowledge".
Arbery did not break any laws, did not commit any crimes. Therefore, the McMichaels were not justified in blocking the road, holding a shotgun/firearm, and attempting a citizens arrest, since Arbery did not commit any crimes. So, by that, the McMichaels are the initial aggressors, giving Arbery the right to use lethal force to defend his life. Arbery had grounds to STAND HIS GROUND, as someone was standing in his path attempting to imprison him. Was it a bad idea to run right at someone with a firearm? Most definitely, but not a crime.
Being black is not a crime, being black and running/jogging doesn't mean you have committed a crime. I'm not saying that the McMichaels killed Arbery because he is black, but simply stating that a black individual running doesn't mean they are running from the police or from an area where they just committed a crime.
Anyone who defends the actions of the McMichaels, must not understand the letter of the law. Gregory was not a LEO, therefore, he is a civilian, just like Arbery. Have concerns a crime might have been committed, call 911, provide all the information you have to dispatcher, let active sworn police officers handle the situation. This is the problem with civilians thinking they can do the policing themselves. Similar to the Trayvon Martin vs. George Zimmerman case. Civilians need to be civilians, cops need to be the cops.
Yes, Ahmaud was on video entering an unconstructed home, which can be perceived as "trespassing" but, was it? Georgia law states the following:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
In order for someone to commit CRIMINAL TRESPASS, the three things above need to be met. Yet, none of them were met.
We have no evidence that shows Arbery was on that property for an unlawful purpose. The owner of the unconstructed home stated they believed nothing was stolen. Arbery could have been simply looking at the unconstructed home, like so MANY people do. It is not uncommon to check out an unconstructed home, especially if you are in the market to buy a home. Second, Arbery was never issued a notice of trespass, no signs posted, there were no gates, or fences. Therefore he was not trespassing. Listen to the 911 call, caller states "it's all open, its under construction". Third, no one ever told Arbery to leave, he left on his own willing when he saw the neighbors outside. Yes that's sketchy, but not a crime. Therefore, Arbery did not trespass, did not commit burglary, and did not commit any other crime.
The McMichaels, are using "Citizens Arrest / Self Defense" as their legal defense for murdering Arbery. Georgia law states "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion." Based on the videos the public has been provided, Arbery did not commit any crime inside the home. Therefore, McMichaels have no justification to make a citizens arrest. The McMichaels only saw one thing, a black male running/jogging down the street, which is not a crime. The McMichaels only had knowledge of past incidents, and a broad description of a possible suspect, so they figured, "well black male running in the street, must mean he is the offender". They did not have any knowledge of an IMMEDIATE crime, as the law states. "Within his immediate knowledge".
Arbery did not break any laws, did not commit any crimes. Therefore, the McMichaels were not justified in blocking the road, holding a shotgun/firearm, and attempting a citizens arrest, since Arbery did not commit any crimes. So, by that, the McMichaels are the initial aggressors, giving Arbery the right to use lethal force to defend his life. Arbery had grounds to STAND HIS GROUND, as someone was standing in his path attempting to imprison him. Was it a bad idea to run right at someone with a firearm? Most definitely, but not a crime.
Being black is not a crime, being black and running/jogging doesn't mean you have committed a crime. I'm not saying that the McMichaels killed Arbery because he is black, but simply stating that a black individual running doesn't mean they are running from the police or from an area where they just committed a crime.
Anyone who defends the actions of the McMichaels, must not understand the letter of the law. Gregory was not a LEO, therefore, he is a civilian, just like Arbery. Have concerns a crime might have been committed, call 911, provide all the information you have to dispatcher, let active sworn police officers handle the situation. This is the problem with civilians thinking they can do the policing themselves. Similar to the Trayvon Martin vs. George Zimmerman case. Civilians need to be civilians, cops need to be the cops.
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