(05-13-2020, 09:26 AM)jj82284 Wrote:

(05-13-2020, 08:59 AM)flsprtsgod Wrote: There was no evidence he had committed a crime. There were no burglaries reported in the area. They are going to jail just like Hannah Payne and for the same reason, they had no business tying to play cop.

I disagree.  I think that given the Way GA defines Burglary as "entering a dwelling with the intent to steal" then the act of him looking to make sure that there was no one around and then fleeing the scene would constitute evidence of intent to steal which in GA is a felony 1.  Also, McMichael reported that he personally had something stolen from his truck and he was involved in a previous incident with Arbery at that same residence and there is video evidence of someone matching his description entering the house on multiple occasions.  

Again, I think that we morally agree they acted stupidly.  I don't like the GA law as written.  But I think that given the fact pattern, it's going to be hard to prove criminal liability beyond a reasonable doubt.  IF they positively identify Arbery as the guy on the previous videos/find a pawn-scrap ticket for copper piping, tools, the missing gun etc. then this case should be abandoned and thrown out.  Now as far as civil liability, i think that's a different story.  Public opinion is going to go a lot longer way in that arena than arguing suspected felony intent to steal vs. simple trespassing in a citizens arrest defense.  This guy has a pension, he has assets, now they belong to the family.  Get him to plead to a lesser crime with little to no jail time to avoid a trial, rewrite the law to exclude petty property crimes from citizens arrest and only allow citizens to follow the suspect for the officials.

Hannah Payne personally witnessed the incident for which she killed her man giving her a significantly more acceptable reason for her actions, so the verdict in that one will foreshadow this one since the reasoning of the McMichaels doesn't reach the same standard. I don't think this will be a tough case for the jury and those guys are going to jail for a long time.

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