(05-10-2020, 10:11 AM)The Real Marty Wrote:

(05-10-2020, 09:57 AM)JagNGeorgia Wrote: Based on what I know, I don’t believe it was justified. However, walking in that home was illegal, and I’d bet money that his intention wasn’t just to look around. In georgia, the crime wouldn’t actually be trespassing but instead loitering and prowling or burglary. So, if those two guys saw him do this, then they did see him commit a crime, and they would be justified in detaining him under citizens arrest. 

There’s a lot missing from this and I don’t think it’s a modern day lynching.

I don't know the answer to these questions, so maybe someone can answer: 

Is it legal to make a citizen's arrest by force?   
Is it legal for a private citizen to pull a gun on someone and forcibly detain them?  
If one makes a citizen's arrest at gunpoint, and the suspect resists, is it legal to shoot them?  
Is "I was making a citizen's arrest" a valid defense if there is a conflict and someone gets shot and killed?

It is legal to make a citizens arrest by force if you witness or have direct knowledge of a felony.  If you're acting with just cause and you're attacked you can defend yourself under stand your ground.  

This case comes down to a.) Did he actually take something form the house, b.) did the suspects have knowledge that he took something from the house, c.) were they trying to detain him or question him (which is not allowed and they already said they told him they wanted to "talk" and d.) would a reasonable person in the victims perspective have perceived them as a threat.  

So again, I think this is going to come down to a felony murder/ negligent homicide charge that can hopefully be plead without putting the state through a trial, and potential acquittal.  Because when I put on my defense lawyer hat, if there is one ticket to a metals recycler in Georgia that shows that the victim sold a piece of copper or pawned the gun that was previously stolen from the McMichael's residence then there's no way 12 people are going to send these guys to jail regardless of how the law is technically written.

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