Re: GA Shooting
[Re: KeithC]
#6868855
05/10/20 07:30 PM
05/10/20 07:30 PM
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Joined: Jun 2018
Posts: 4,768 Beatrice, NE
loosegoose
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Joined: Jun 2018
Posts: 4,768
Beatrice, NE
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Being a known criminal doesn't make it okay to grab a gun and hop in your truck and run down the road to confront the guy. That was a stupid choice on the shooters part. Even dumber though on the dead guys part (because it resulted in his death) was to fight a guy pointing a shotgun at him when he knew why said shotgun was pointed at him. Bad choices all around I guess.
The jogger was fleeing the scene after setting off an alarm. The men with the shotguns had seen many previous videos of him acting illegally going back as far as October of 2019 and were notified he just did it again It is not illegal for citizens to capture fleeing criminals in Georgia. https://www.wsav.com/crime-safety/gbi-reviewing-additional-surveillance-video-in-ahmaud-arbery-case/I think the two guys with the shotguns could have handled it better. I don't think they committed murder or even manslaughter. Keith I don't necessarily think they're guilty of anything either, except poor judgement. Even if innocent in a court of law, they've already been judged guilty in a court of public opinion, and that judgement will probably make their life miserable.
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Re: GA Shooting
[Re: rex123]
#6868920
05/10/20 08:40 PM
05/10/20 08:40 PM
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Joined: May 2009
Posts: 15,653 Champaign County, Ohio.
KeithC
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Champaign County, Ohio.
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The law in Georgia states that to make a citizens arrest you have to see the person commit the crime. Not assume they did. So would watching multiple videos of the jogger comiting crimes count? Keith
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Re: GA Shooting
[Re: Boco]
#6869261
05/11/20 09:57 AM
05/11/20 09:57 AM
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Joined: Dec 2006
Posts: 41,973 Northern Maine
Bruce T
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Posts: 41,973
Northern Maine
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Two guys fighting over a gun-one got shot. Yep the guy that attacked the one holding the shotgun got shot.
Nevada bound
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Re: GA Shooting
[Re: rex123]
#6869399
05/11/20 01:57 PM
05/11/20 01:57 PM
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Joined: Feb 2016
Posts: 849 Washington
wildflights
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Washington
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The police don't mention multiple videos of him comiting crimes. Not saying he didn't but they didn't see him and weren't there when he did. Also who was the guy in the second video watching him go into what looked like the garage and was hiding behind the tree? Rex123- That is a camera set up for home security. That isn't a guy hiding behind a tree. The map suggests that camera is likely on the house of the defendants. https://www.dailymail.co.uk/news/ar...ng-construction-site-leaving-handed.html
Last edited by wildflights; 05/11/20 01:58 PM.
Tradition is not the worship of ashes, but the preservation of fire. -Gustav Mahler
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Re: GA Shooting
[Re: stinkypete]
#6869418
05/11/20 02:32 PM
05/11/20 02:32 PM
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Joined: Dec 2010
Posts: 34,900 Central, SD
Law Dog
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You think he was jogging because you were told he was a innocent jogger and believed it or wanted to believe it.
Was born in a Big City Will die in the Country OK with that!
Jerry Herbst
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Re: GA Shooting
[Re: danvee]
#6869420
05/11/20 02:33 PM
05/11/20 02:33 PM
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Joined: Dec 2010
Posts: 34,900 Central, SD
Law Dog
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Central, SD
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I did not see him taking anything in the video looks suspicious but guilty of trespassing for sure. Not sure what Georgia laws are for citizens arrest but If I had a gun pulled on me I would fight back. Its going to be an interesting case and a lot of politics for sure. Alarm went off and he fled.
Was born in a Big City Will die in the Country OK with that!
Jerry Herbst
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Re: GA Shooting
[Re: stinkypete]
#6869470
05/11/20 03:54 PM
05/11/20 03:54 PM
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Joined: Jun 2012
Posts: 3,833 KY.usa
rex123
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There is a man at the top of the screen . When the black guy leaves the house and goes into the garage at 2:13 on the film look at the very top of the film and you will see him walk down that street and watch the guy in the garage and looks like he steps behind the large tree then after the black guy leaves the garage and goes down the street you see him walking in the same direction then turn around and go back the way he came. If you can't see him put it on full screen. On my device he is where the seconds are counting down or try full screen. My point is why didn't he do something if the guy was breaking the law? And no I'm not saying he was innocent as it appears he had no point in being there but to kill someone for trespass is a little rough.
Last edited by rex123; 05/11/20 03:55 PM.
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Re: GA Shooting
[Re: rex123]
#6869474
05/11/20 04:03 PM
05/11/20 04:03 PM
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Joined: Dec 2010
Posts: 34,900 Central, SD
Law Dog
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Central, SD
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There is a man at the top of the screen . When the black guy leaves the house and goes into the garage at 2:13 on the film look at the very top of the film and you will see him walk down that street and watch the guy in the garage and looks like he steps behind the large tree then after the black guy leaves the garage and goes down the street you see him walking in the same direction then turn around and go back the way he came. If you can't see him put it on full screen. On my device he is where the seconds are counting down or try full screen. My point is why didn't he do something if the guy was breaking the law? And no I'm not saying he was innocent as it appears he had no point in being there but to kill someone for trespass is a little rough. Was he shot for trespass or fighting over the gun maybe?
Was born in a Big City Will die in the Country OK with that!
Jerry Herbst
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Re: GA Shooting
[Re: stinkypete]
#6869487
05/11/20 04:24 PM
05/11/20 04:24 PM
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Joined: Dec 2008
Posts: 28,715 Eastern Shore of Maryland
HobbieTrapper
"Chippendale Trapper"
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"Chippendale Trapper"
Joined: Dec 2008
Posts: 28,715
Eastern Shore of Maryland
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Citizen's Arrests
As a private citizen, you have no authority to arrest anyone with a warrant. Without a warrant, you may arrest anyone who commits a mis-demeanor or a felony in your presence or with your immediate knowledge. A citizen's arrest occurs when a citizen prevents a suspect from leaving a scene. Citizen's arrest most often happens in cases like shoplifting, when the store's manager detains the suspected offender. However, as the following example shows, the manager or employee cannot make such an arrest in every case.
In Winn Dixie Stores Inc. v. Nichols, 205 Ga. App. 308, 422 S.E. 2d 209 (1992), a Winn Dixie customer complained to management that another customer stole her wallet. The court held that the limited rights of merchants to detain or arrest a person reasonably believed to have committed a shoplifting offense do not authorize a merchant to detain or arrest individuals accused by store patrons of committing crimes against other patrons. To make the arrest, an employee would have had to actually see the criminal act committed. Therefore, it was ruled that management had no authority to arrest the alleged criminal.The court suggested that the only person who could have made the citizen's arrest was the robbed customer herself.
When making a citizen's arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies.
It must be stressed that the right of private citizens to make a citizen's arrest is limited. They cannot arrest people for violating local ordinances or regulations because these violations are not technically crimes as defined by state law.Therefore, as a private citizen, you would not have the authority to arrest a person who is creating a disturbance by making too much noise. In addition, a private person can only make a citizen's arrest for the purpose of bringing the suspect before a judicial officer.
The force used to make the “arrest” turned deadly when the “jogger” went after the guy with the gun. Odds are 12 people won’t read it the same as it is written.
-Goofy-
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Re: GA Shooting
[Re: HobbieTrapper]
#6869493
05/11/20 04:32 PM
05/11/20 04:32 PM
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Joined: May 2009
Posts: 15,653 Champaign County, Ohio.
KeithC
trapper
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trapper
Joined: May 2009
Posts: 15,653
Champaign County, Ohio.
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Citizen's Arrests
As a private citizen, you have no authority to arrest anyone with a warrant. Without a warrant, you may arrest anyone who commits a mis-demeanor or a felony in your presence or with your immediate knowledge. A citizen's arrest occurs when a citizen prevents a suspect from leaving a scene. Citizen's arrest most often happens in cases like shoplifting, when the store's manager detains the suspected offender. However, as the following example shows, the manager or employee cannot make such an arrest in every case.
In Winn Dixie Stores Inc. v. Nichols, 205 Ga. App. 308, 422 S.E. 2d 209 (1992), a Winn Dixie customer complained to management that another customer stole her wallet. The court held that the limited rights of merchants to detain or arrest a person reasonably believed to have committed a shoplifting offense do not authorize a merchant to detain or arrest individuals accused by store patrons of committing crimes against other patrons. To make the arrest, an employee would have had to actually see the criminal act committed. Therefore, it was ruled that management had no authority to arrest the alleged criminal.The court suggested that the only person who could have made the citizen's arrest was the robbed customer herself.
When making a citizen's arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies.
It must be stressed that the right of private citizens to make a citizen's arrest is limited. They cannot arrest people for violating local ordinances or regulations because these violations are not technically crimes as defined by state law.Therefore, as a private citizen, you would not have the authority to arrest a person who is creating a disturbance by making too much noise. In addition, a private person can only make a citizen's arrest for the purpose of bringing the suspect before a judicial officer.
The force used to make the “arrest” turned deadly when the “jogger” went after the guy with the gun. Odds are 12 people won’t read it the same as it is written.
They guys with the shotguns saw multiple videos of the man, they caught fleeing the scene, breaking the law, dating back to October of 2019. I would guess that would qualify as "immediate knowledge". Keith
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Re: GA Shooting
[Re: Donnersurvivor]
#6869497
05/11/20 04:36 PM
05/11/20 04:36 PM
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Joined: Dec 2010
Posts: 34,900 Central, SD
Law Dog
trapper
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trapper
Joined: Dec 2010
Posts: 34,900
Central, SD
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The guy didn't get shot for trespassing, he got shot for attacking the guy holding a gun Bingo!
Was born in a Big City Will die in the Country OK with that!
Jerry Herbst
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