(05-10-2020 08:00 AM)bobdizole Wrote: (05-10-2020 07:13 AM)WKUYG Wrote: (05-08-2020 02:30 PM)WalkThePlank Wrote: (05-08-2020 02:09 PM)SuperFlyBCat Wrote: Besides Avery's arrest and conviction in 2013 did he have any other convictions?
Why does it matter? Watch the video. Those men had zero reason to accost him with firearms. They are not the police, there was no evidence for a citizen's arrest and they escalated the encounter. They deserve their day in court but the facts are facts.
I'm just now reading this thread so at some point you might have seen a different video than the one linked in the 1st post. I assume you did other wise you wouldnt have said "fact are facts"
Could you link me to a video showing "Those men had zero reason to accost him with firearms. They are not the police, there was no evidence for a citizen's arrest and they escalated the encounter" ?
The linked video shows about 5 seconds and it starts with the man jogging and a truck about 100 yards in front of him. Then it cuts to the man who was jogging attaching the fat guy with the gun.
Again just going by the linked video you are assuming facts that were not shown. This video does not show anyone stopping the jogger. This video does not show anyone trying to arrest him. You can assume what was being said but then we are not talking about... "fact are facts".
If we are going by the cut up video the facts show a man jogging towards a truck with someone in the back. Then it shows the jogger running around the truck attacking a man with a gun. Then it cuts again to show the jogger trying to pull at the gun and striking the fat guy with his fist. Then it shows a shot, with the joggers hand still on the barrel of the gun when he gets hit by that shot.
Now those are the..."fact are facts" from this video. If you have a link showing the whole video or more of it I'm willing to change my mind of what I saw from a cut up video?
What the video actually shows is a clear case of self defense by the fat guy who shot the jogger. The jogger was the aggressor, hitting and trying to take a gun away, while hitting. At that point the fat guy could easily have thought his life was in danger.
What the video doesnt show and something the state will have to prove. The jogger feared for his safety or life. This linked video does not show that. But if the state can prove that the man was in fear and his only way out was to attack first. Then self defense might be harder to prove.
But here's something about the law, at least in KY, how it started and how it ended might not be a connection to the charges. Other words at some point both men could have been the aggressors. The key is going to be those seconds before the shot.
Link to the whole video?
They told police that's what they were doing.
Quote:The police report of the incident, released to the media on March 31, 2020,[17] relied almost entirely on an interview with Gregory McMichael conducted by the responding officer.[4]
The report describes McMichael as a witness, who said he was in the yard of his house when he saw Arbery running by. He called to Travis McMichael and said "[Arbery] is running down the street let's go";[29] they grabbed a .357 Magnum handgun and a shotgun, and then got into a pickup truck to chase Arbery.[20][17] Travis attempted to cut off Arbery with the truck. Arbery then turned and began "running back in the direction from which he came".[17] A third person, "Roddy", also tried to cut off Arbery, but failed.[13] Gregory said they called to Arbery: "Stop, stop, we want to talk to you". Gregory claimed that they pulled up to Arbery, with Travis exiting the truck with the shotgun. Gregory claimed Arbery "began to violently attack Travis" before two shots were fired.[20][17] Arbery died on the spot after "bleeding out", the report concluded.
It's not possible for them to have known what he was doing before they saw him, so even if Arbery was burglarizing the construction site(not a felony regardless) it won't play a factor in the trial of this incident.
This should not have been swept under the rug, and that definitely looks like what the local police force did. Let 12 of their peers decide if they were justified.
No where did I say what the jogger was doing before hand played any role. The video shows the jogger around 50 to 100 yards away from the truck when he is jogging towards it. Unless there's another video the statement of "Gregory claimed that they pulled up to Arbery, with Travis exiting the truck with the shotgun" does not match the video. Which I'm sure you know what someone says happened is often not what really took place. The below capture is from the link on page 1 and you can see they did not stop "pulled up to Arbery". Actually the video has a picture that stops you from seeing Arbery for a couple seconds before the capture. So he's farther back than it shows
As for jumping out of the truck with a gun in his hand. That in itself is not a crime if the man did not threaten Arbery with it.
I dont believe its against the law to say "Stop, stop, we want to talk to you". As for trying to cut him off, that in itself is not detainment. It could be a crime under Ga law but unless they tried to run over him...I doubt it.
So again going by the video and statements. No one threaten him with a gun. No one put their hands on him before Arbery attacks. The only point about a felony I made was...
If the shooter had committed a felony his rights to self defense would be lessen and maybe void at that point. So again you have a video that clearly shows Arbery as the aggressor. While the fat guy has a gun I dont see in the video where he threaten Arbery with it. The video I saw you could not hear what was being said.
One man is dead and cannot tell anyone what was in his mind at the time he attacked the guy with a gun. So that leaves the video and statement of the people in the video to tell what took place.
Arbery most likely was in fear but he made the choice to run to the right side of the truck and to go around it and start the attack. No one had him detained/citizen arrest
"Stop, stop, we want to talk to you" is not the same as arrest. Cops do this often, they stop and talk to you and not arrest you. So we come back to Arbery's right to self defense and the shooters same rights. Again no one is going to be able to say one way or the other if Arbery thought his life was in danger. He's dead. The video shows if he wanted to he could have keep right on jogging. He didnt he made the choice to go after a man with a gun from behind him.
At that point unless the state can prove the man with the gun was committing a crime. He has the same right to self defense as any other person. If someone is beating you upside the head and trying to take your gun....
you have to figure your life is in danger. Is it against the law to get out of a truck with a gun in your hand? Are you breaking the law by saying "Stop, stop, we want to talk to you"? Cutting the guy off might be breaking the law if they drove at Arbery. Again unless they admitted to doing just that...there's no proof of anything other than their statements.
So unless the shooter was breaking the law at the time. This is a self defense case and the video clearly shows the shooter being attacked and Arbery trying to take the gun from him. Other than statements...that all the state has to work with.
We can assume what we think from that video but its 100% clear on who attacked whom. Can the state prove anyone was threatening Arbery at the point he started attacking? You can assume it but that's not what it shows. It shows Arbery around 50 yards from the truck and he made the decision to run towards it. The video shows Arbery made the decision to not to avoid them but to circle around the truck and attack. At no point in that video did anyone in that truck try to detain Arbery...
"Stop, stop, we want to talk to you" is not detaining. So what happen before those few seconds where Arbery made the decision to run those 50 or so yards at the people in the truck. Or he made the decision to attack...
shouldnt play any role in this. Let me ask you this. Do a reasonable person run towards a truck with people who have guns, if they have another direction to go? No they dont, not if they are afraid for their life. Again look at the video there is 2 or 3 different directions a man who is in fear could have ran.