Whether he was or wasn't isn't clear. What is clear is that the shooter wasn't at the scene of a crime and didn't follow him from there. "that very moment" didn't happen. The shooter himself stated that he thought he looked like the suspect in a string of break ins. That's what he knew at that time, assuming he is telling the truth. And the shooter was in his own front yard when he decided to chase the victim.Again, he was leaving the scene of a crime that very moment. Same day, same moment, a felony at that. They had reasonable suspicion which is enough to satisfy Georgia law.
Or are you saying the shooter lied to police, that he was in fact at the scene of a crime and saw the victim committing the crime and gave chase from that point. And he just figured that wasn't what he should tell the police?
But on a Sunday afternoon in February, as Mr. Arbery ran through a suburban neighborhood of ranch houses and moss-draped oaks, he passed a man standing in his front yard, who later told the police that Mr. Arbery looked like the suspect in a string of break-ins.
I've said it before, if the shooter had personally seen a crime in progress and chased a perpetrator from that point, the situation would be very different. But that didn't happen.