Citizens Arrest.

I see on our news that a couple people were charged after an accidental shooting during a citizens arrest somewhere in the southern states.
Are citizens allowed to make an arrest?With everyone armed seems it might be a bit dangerous,as per the outcome?
I see it has the race issue also,so probably be a lot of hype like the Michael Brown case.

What are you still doing up ?

Lay off the bottle.

?

Arrest | Definition of Arrest by Merriam-Webster
www.merriam-webster.com › dictionary › arrest

1 : the taking or detaining in custody by authority of law The investigation led to his arrest. 2a : the act of stopping. b : the condition of being stopped or inactive — compare cardiac arrest. under arrest. : in legal custody The suspect was placed under arrest.

Media still pushing the jogging story they make me sick!

Yep just out for a jog .......lol

yup

Welcome back, Boco...

Apparently, in Georgia it is legal. It is unfortunate what happen as Aubry was a good boy, according to is daddy. However, I don't know what he did for a living, if he was a good student, and he has a bit of a criminal record. Unclear at this point as to how to define what a good boy is? He probably wasn't a good boy. Time will tell. A smart boy would have let himself be arrested and let the cops sort out how good or bad he was. The citizen police could certainly be found guilty of manslaughter. IMHO

Even legal in Canada

To protect our own lives or the lives of innocents all most all of the states allow for some leniency when it comes to making a citizens arrest.
This about it, if I was a bad guy would I rather wait for the cops while a biz owner held me at gun point, or to just bleed out b/c that party just shot me

1. Citizen apprehends and detains someone he suspects has committed a crime.

2. Citizen intervenes to stop someone in the act of committing a crime.

I think 2 is okay, but 1 has some issues, and you could be committing a crime by attempting it, depending on the city and state.

Jim

Was it Gomer or Goober that made a citizens arrest on Barney?

That sounds like some slave sheepish stuff right there. So you're telling me if you walk by me while I'm at the gas station and pull a gun on you and start yelling to get on the ground you're going to comply because I'm making a citizens arrest?

No wonder we're losing our rights to the politicians....we're willing to give them up too easy.

Gomer. Illegal u-turn. " Citizens arrest, citizens arrest!!!!"

There should be a lot of space between the decision to pull a "citizen's arrest" on an unarmed man and shooting said person. Anything a man on foot could steal from a house under construction isn't worth killing him and going to jail for.

He was killed because he attacked the guy attempting to make the citizen's arrest.

He got shot because he was trying to arm himself with the other mans weapon! Or do you contend he just accidentally fell into the fella as he was "JOGGING BY"?

No idea, I wasn't there. If an unarmed man on foot was messing around my property under construction and I wound up shooting him, I screwed up real, real bad. End of story.

I would like to know who, and what their motive is. Media has always been prone to some exaggeration to compete with each other. In the last ten years or so it has been nothing but a blatant agenda.

" People with money are bad and white people are all evil racists. Black racists killing or beating white people is to be ignored. Socialism is the only thing that will save us. Homosexuals are superior to heterosexuals and women are superior to men. Don't kill or eat animals. Humans are an invasive species."

Those ideas above are not just in the news but all over tv shows and movies.


If you watch the videos the guy who was shot attacked the guy with a shotgun and tried to take it from him. The guy that shot the guy grabbing at the shotgun was protecting the guy with the shotgun. I say everybody involved in that was short a few brain cells.

What if that unarmed man attacked you and attempted to take your weapon? Which is what happened in this case. Maybe you should gather a little basic information before commenting? Are you aware there is a video of the shooting?

The media motive is the same as it always has been Danny. To pander to the left's minority voting base; white man equals murdering racist, black man equals innocent victim. I doesn't matter at all what the actual circumstances are, that is almost always the narrative.

Fixed it for ya coo coo.

if your gonna be dumb,ya better be tough.

I am aware of the details of the case and stand by my comments.

I have a couple issues with this whole thing.

I want to know what happened in front of the truck that it escalated to him being allowed to get close enough to grab the gun. From the video the guy in the back of the truck was riding in the bed with his gun drawn.
The son with the shotgun shot a couple times, then proceeded to punch him in the head.
How long did they chase him.
Was the guy who videoed it also part of the "posse"? He followed them for a while.
Did they call the police at any time during the "chase".
Apparently there's even more video out there that they haven't released.
The shootee did have a checkered past. Does that automatically make him guilty of what they were chasing him for?

To answer your question though BOCO, Yes in certain states citizens can make citizens arrests. From what I understand it's a real pain in the butt afterwards. It's just easier to call the cops then keep an eye on the person you're concerned about.

My wife was in the local convenience store gas station a couple years ago when a guy drove off without paying. she followed him in her car and had the sherriffs dept on the phone. She argued with them for ten minutes telling them where the guy was. THEY REFUSED TO SEND A CAR. Told her repeatedly to quit following. So finally she did. When LE refuses to do anything then I say you dont have too many options. Let somebody steal from you or do things yourself. Its one of the reasons we have jurys.

What gets me about this story is the dead guy wearing shorts and a t shirt. it was pretty clear had not stolen anything so why confront him???????????? Lots of really dumb people in the same time and place

Danny. Most every gas station refuses to press charges on said "drive offs". They refer them to their "civil litigation teams" as it's been deemed "Civil" by the courts in many situations (and honestly there is just far more Civil punishment than Criminal punishment). The police are forbidden from getting involved in Civil law.

calvin ive known the guy that owns this one for more than 30 years. he would have "pressed charges" even though we both know charges can be "pressed" by a prosecutor regardless.

The one common thread in most of these “innocent shootings” is the “victim” would not follow simple directions resulting in the escalation of the issues into a major problem. Today every felon with a gun is turned into a victim by the MSM one way or another.

The GBI just arrested the camera man for murder as well. I'm puzzled as either GBI is aware of something yet released or they're setting up a "let the jury figure it out" lynching.
I've yet to see anything that rises to premeditated murder. I'm even hesitant to say negligent homicide at this point.

But the mayor of Atlanta said it was so it must be.

I have too many questions on this one.It may have been innocent or the jogger may have been casing the house.He shouldn't have been trespassing.Asking for trouble.

Deciding to handle it yourself,with firearms can lead to all kinds of liability,and it did.They may have been in touch with police,the entire time or not.I haven't heard.Last I heard the videographer was also arrested.There again,was he involved with the other two?I am not sure they have released that.

So,too many questions for me to draw any conclusions but a sad situation and seems at least there was some bad judgement,all the way around.And of course,the news will make the best of it for whatever their particular agenda is.There probably is plenty of reason to keep a lot of information close the the vest till cases are built.This may get messier.Glad I was nowhere near.

Still deemed civil by most courts, Danny...and if civil, LEO has no jurisdiction. And to be clear the only one that "presses"(or files) charges are the city or county attorneys...and they normally won't touch a drive off as they are very easy to defend if some aggressive/new attorney wants to try and turn it into a criminal case. That said, As an Officer, go ahead and stop a car for a civil infraction ( a petty misdemeanor "IF" you could justify it moving into the criminal realm....and that's a big IF). Let things go bad and see where that gets you and your department (especially in todays day and age)? I guarantee that car wasn't dispatched to your wife's incident due to Department Policy....A strict "Shall Not" in most departments...which is usually directed by the city or county attorneys and or judges.

Most people don't see the huge big picture on these things. Civil law Vs Criminal law and the lawyers/ judges and case law that precede these decisions. Simply, there are a LOT of things police today would love to address out of just moral motivation but policy states you will NOT.

Sheese, wasn't all that long ago, cops shot at stolen cars that drove past them without even doing a report. They just reloaded and went onto the next call. Now most metro departments have in policy "You shall not chase a stolen vehicle" unless other serious life threatening events are known. And that's a 50k truck....No way most places will touch a $30 gas drive off.


Oh, and to be clear, I'm not saying any of these over litigated policing policies are right, or that I agree with them... Welcome to 2020.

On day 1 the Moms statement of “he should not of been shot it was not even a felony” said it all, it’s just a fact the guy committing a crime has more rights then a guy trying to do the right thing. Victims get paid so keep make yourself as one as quick as you can and as long as you can.

The guy attacked a guy with the shotgun and got shot is that really rocket science?

In Georgia you can arrest someone IF you see them commit a crime. Also there is video from the owner of the house that several people had stopped and went into the house to look but that he had never had anything stolen.

I can not fathom how lawyers could turn theft into something else. So now when I want to pay cash for gasoline I have to stand in line twice, once to hand the cashier enough money to insure I can fill up, and then again to get my change, all the while hoping the cashier doesn't just pocket my money since the cashier knows theft is no longer a crime.

I have a debit card and a credit card. I like cash. I can just open my wallet and see at a glance how much money is in there. i dont need to trust the accounting of a bank employee or that the internet isnt down where I want to buy something.

Who ever's fault it is that courts dont think theft is a criminal act anymore needs to be tarred and feathered.

No wonder L.E. has time to fine people for not wearing seatbelts. That still is a crime. Courts can make money off that sort of reprehensible behavior.

He was spooked by a neighbor across the street yelling at him at this point he became a jogger. LOL

If a cop says"halt/stop", then don't runaway! Your hiding something.

You know when I was in the Army we practiced retreating ( a lot) and surrendering.

sure looks that way when you don't submit to authority, THE WAY PARENTS ARE SUPPOSED TO TEACH THEIR KIDS.

Teach them that there is a system in place to right some wrongs in court.

The guy in the video has and shows no evidence for anything he says. Just what he thinks. The owner of the house says nothing has ever been taken from his site. Also several people a week stopped and went into the house and looked at it should they all have been shot? As far as jogging he is seen on camera going by several times in the day time .So unless he is the stupidest criminal in history why didn't he come back at night and steal every thing that wasn't nailed down.

Plus, Citizen Arrest is illegal/not allowed here in NC, and probably many states.
Holding a perp until LE arrives if fine of course.

a perp? is that like a burp?

Where in this did a cop say stop or halt ?

FOX

Washington Examiner

Channel 2 Atlanta

So if someone comes at you with a gun are you just going to lay down and hope for the best or are you going to defend yourself? I’d rather go out fighting than on my knees. Guess they are lucky he wasn’t armed, like I am when I go out...even for a jog. I don’t know of anyone down here who’s going to lay down for someone just because they have a weapon.
Just my opinion, but all parties involved acted recklessly. The father and son clearly did not think it through. Impulse actions never work as planned.

Danny, All politically and money motivated. Around here none of the ticket revenue goes to the police department, but someone higher up pushes what the focus should be. Yes, generally someone in the food chain is getting either political or money gain...but those people aren't seen.

EG: Years ago nobody cared about DWI's. Then a big political push via funding...Now it's a huge thing. Same with Domestic Assaults (huge political and funded agenda). All pushed by an agenda to where the cop on the street has NO discretion if someone alleges any type of "Fear"...and arrest is mandatory, even if the cop know's its all B.S. (which most of them are in reality...motivated my revenge).

Rape is another one that has all the Political agenda "advocates" pushing. Talk to anyone who has worked sex crimes. Most are made up B.S. You have your: My husband caught me cheating "rape". Oh I'm pregnant with someone elses child "rape". I got drunk and now have buyers remorse "rape"...and the list goes on and on.

We had an "advocate" come in and tell us if you have sex with a woman who's been drinking at all, it's now RAPE. We said "how do you think most of us got here"?

Of course not to take away from the legitimate victims of either but it's greatly exploited, pushed, and innocent peoples lives are ruined because of it. These cases are pushed by certain special interest /funded groups.

Again these decisions are made way way up the food chain. And if things go wrong, who gets blamed? The poor slunk on the street driving a patrol car who usually disagrees with most of the "mandates".

AS they say.....Don't hate the player, hate the game.

A cop passing the buck doing something he should not have done.

Keith

What if that unarmed man attacked you and attempted to take your weapon? Which is what happened in this case. Maybe y
So if someone comes at you with a gun are you just going to lay down and hope for the best or are you going to defend yourself? I’d rather go out fighting than on my knees. Guess they are lucky he wasn’t armed, like I am when I go out...even for a jog. I don’t know of anyone down here who’s going to lay down for someone just because they have a weapon.
Just my opinion, but all parties involved acted recklessly. The father and son clearly did not think it through. Impulse actions never work as planned. [/quote]

I agree they all acted recklessly. Once you get in a close range tussle like that it's hard to judge actions as it's fight or flight for everyone involved. Hard to think clearly. Obviously the reckless part was running the guy down in the street like that. Stupid.

Nice tape but it has been proven he jogged in that area and several others in that town also they lived several houses away so they could not see him in the house besides the homeowner has stated and shown video of several people in the house looking around the house and has stated nothing was ever taken. Is he lying? Also the younger man that did the shooting was looking for him because he claims he was the one that stole his pistol from his unlocked truck . He may have been a crook but on that day he broke no law other than trespass like a lot of other people in that town had done and they weren't shot.

Wanna be

You would have to be just plain stupid or on something to go un- armed against someone with a gun.
If whats His name would have backed off he would be alive today and home with his family. Most of us would take that over being dead.

The homeowner said nothing was taken AFTER receiving death threats .
I'm sure that had nothing to do with his statements tho .

BOCO-its what Savell did to ya with the handcuffs.

A guy can talk very brave and talk about dying when there is no gun pointed at him and little chance of that ever happening. LOL

I agree with that.It is easy to talk.

The motivation is to get votes for Biden. Biden said today that if you cannot tell the difference between him and Trump 'you ain't black'.

From what was first reported the shooter in this case first stated that they attempted to arrest him because he looked like the description of someone that had committed several burglary’s in the area not because he had committed a crime at the time

From my understanding of citizens arrest you have to catch the person in the act and even if you do you do not have the right to chase that person if they flee

I don’t know about the rest of you but if a couple of yahoos roll up to me pointing guns in my direction I am probably going to comply to what they want even if I am armed, up to a point that is, if they are talking about what they are going to do to me ect I am going to fight back even if I am not armed because I will be figuring what do I have to loose

Considering I am always armed outside the house it’s going to get nasty real fast, I have been shot once and stabbed twice so I know what the cost of standing up to someone pointing a weapon at you is, but I am still here and I plan on being so for a long time to come

Frankly I think these two screwed up by the numbers because once they started chasing him they became the aggressors and even if he had just stood there till cops arrived I would bet one he would have been let go and two someone would have been arrested for assault with a deadly weapon and if it was me a false arrest suit would have been filed against them the best day

I don’t know why he made a grab for a gun when he was unarmed and facing two guys but I would sure like to be able to hear the conversation that went on between them leading up to it, it would probably be more then interesting

The defense attorney stated that the two suspects were yelling " You sure got a pretty mouth!" and " Squeal like a pig!" at Aubry.

And you know this how?
So if you are out and someone comes at you with a gun, your defense is to hope and pray they don’t shoot? Sorry, wasn’t raised that way.
Short story...out hunting (with permission) and a guy drives up (Drunk) with a gun and dog. Things escalate, dog attacks at urging of drunk guy with gun, dog dies, drunk guy and I are now both armed and drunk guy realizes I’m not backing down and lowers weapon.
In the end the owner didn’t tell worker I was on property...owner ends up firing guy for being drunk and I lose my recent permission...squirrel hunting.
Now, if I wasn’t armed, how might that have turned out?

Both men had the right to stand your ground, whte guy had no more right then the black guy. The arresting man could have just followed and call police. Let professionals handle it. Dad in truck was retired cop, shooter was not. Jogger presumed innocent by law, thought he was being attacked, so defending himself was what anyone would do. BUT, in the south if you black your guilty until proven otherwise. Had the color of these people been other way around, then the black guy would have been just as wrong. Best for concerned citizens to report it to cops. No winners here.

As far as legality of citizens arrest is concerned.When working in retail mgmt.,I made over 2,000 citizens arrests of shop lifters--never once did I have to appear in court.
Tom

it was part of your job to arrest shoplifters this was not there job they should have called the police but they didn't because under Georgia law he had not broken a law. If he had why weren't all the other people seen going into the building been arrested or chased by the cops or by these two guys?

The local police had asked the McMicheals to keep an eye out for the guy and refered the property owner, English, and the neighbor with the camera to contact the McMicheals.
From where I sit with the information available to me it looks like an open and shut case of death by self imposed stupidity on Aubrey's part. However they may be information I'm not aware of.

Why did the police tell a private citizen to get hold of another private citizen to handle a police matter?

He was a retired cop that lived across the street maybe .

He did not live across the street and also he was such a good cop he couldn't pass the test for his last few years to carry a gun. Also at the time he wasn't a cop and his son had never been one.

There was a lot of stupidity here on both sides. The two redneck Barney Fifes had no business trying to detain this guy. The "jogger" was stupid to attack a guy holding a shotgun on him while a second man covered him although I don't know what they said to him that may have provoked the attack.

As quoted above; He was killed because he attacked the guy attempting to make the citizen's arrest. If the "jogger" had simply waited for the cops to show up, he'd likely be alive. He might even be looking at a big payment from a civil lawsuit against the two redneck Fifes and the police department that apparently "unofficially" deputized at least one of them.

Lugnut pretty much the way I see it.

Now they arrested the guy who taped them. Guess they think he should've stopped the two idiots from killing the guy.

They arrested the guy doing the filming because he started following him in his car and was trying to cut him off and never called police during the chase.

I don’t think anyone is changing their opinions.

Just post how you would vote if you were a juror.

How do you know these two were "redneck barney fifes"? Or do you regularly use racial slurs? You might as well have said n****r.

But it's all okay if they're white, southern and male.

Based on what I've seen so far (but I admit I may not know all the facts yet) I'd vote not guilty and order the county to reimburse these guys for their time lost and ammo used.

At this point based on Georgia law . guilty

And this is exactly why these three guys are in jail awaiting trial and going months withou charges filed.

The locall know the facts and the law.
Out of state SJW don't.

How do you figure that for a racial slur? And my opinion has nothing to do with them being from the south.

Have you looked up the law? Got nothing to do with the good old boy system?

Based on what I know and what I have so far heard I would have to vote guilty not sure about the guy who was video taping it

Even if the police asked them to keep an eye out for the guy it did not give them the right to chase him down and hold him at gun point, like I said they screwed up big time




Tom I bet all of them were apprehended on the premises though, I will also bet that if you had chased them down after they had left the premises and then held them at gun point it would be a very different story, and if you did it days after they had done anything criminal even if they were back at the scene you would have been arrested yourself

I am from Georgia and think they’re both redneck Barney Fife idiots. Is it even rational to think just because you step out with a gun that someone who doesn’t have a clue of your intentions is going to comply? Especially if the other party sees a possible weakness they can exploit? They are guilty for the simple fact of being stupid. And if the local Sheriff Dept gave the order, then they are held liable too. Common sense sometimes has to be enforced.
It’s against the law in Georgia for me to even shoot someone fleeing my house after I watch them commit a crime. Much less to drive around and hold people at gunpoint. And I don’t give a rip what color any of them are.

If not racial definitely regional. But it's all.okay if your saying it about us southerners.
I've heard it all my life. I no sooner have to introduce myself and my accent gives it away and hear come the jokes.
In my time I've been called a klansman, bubba, good old boy, cracker, redneck, hillbilly TO MY FACE.

Then some news item like this comes along and the rest of the country dog piles on them dumb hicks down south.

I for one am sick of it.

Man we were taught sticks and stones may break my bones, but words will never hurt me. Really rang true in boot camp. Only real saving grace their was I had a Cajun and an ole boy from the hills of Kentucky. Them folks at Great Lakes thought the South had rose again.

I don’t care where this occurred, even if yankees had been this stupid I’d call them out on it too.
I don’t see how anyone can say this is justified. And I really don’t see how the police let it go unless they are to blame too. I have several LEO’s buddies and they even say them boys are screwed.

I'm sorry to hear folks take those liberties with you. It explains your sensitivity.

Redneck does not have a southern connotation, at least not to me. You can be a redneck in any part of the Country. Same goes for Barney Fife, If someone is a bumbling, inept cop or pretending to be one, It doesn't make a bit of difference to me where the idiot is from.

Neither one of those terms are racist or regional.

Nightlife--every shoplifter has to leave the premises,before they could be arrested for shoplifting. They were all arrested on the same day.
I was a lot faster afoot in those days.
Tom

Warrior your argument holds no water on the regional slur.... Lugnut lives WAY closer to where the term redneck was coined than you. I've been called those names to my face as well and I live in the mountains of northern PA. Add in flatlander, yinzer, fayettenemian all because of where I grew up.

They weren't arrested at first because of the "good ole boys" club. It was only after the New York Times ran an article and the release of the video that the GBI stepped in an arrested them.

I've been called a redneck to elkaholic. It doesn't bother me a bit. I kinda am one.

Southerners have been stereotyped on Tv and movies as sort of simpletons since way back in the 40's 50's and 60's.
Gomer,Goober,Jethro,sherrifs/cops,etc on shows and movies like Andy Griffith,beverly hillbillies,dukes of hazzard,smokey and the bandit deliverance etc.
I guess It sort of stuck.

I agree, I posted on account of #2 .

PCR-potter county redneck.

I thought it was Pig Castrator Retriever.

Guilty.

Not sure about the 3rd man yet.

No your not, just people talking out of school. Northerners embraced it cause it was cool. You may resemble one, but rednecks imo are southern, doesn't start with the Miners either, goes back farther.

I would say innocent till all the facts are in. I sure would hate to vote like hobbie ask until I know everything.

So, in your opinion a person can't be a redneck unless that person is a southerner? In my opinion, that is bullcrap.

I always thought redneck was just a country term. I surly ain’t calling someone who lives in Atlanta or Macon or any other city a redneck. They haven’t earned nor deserve that title.

That's your right Lug, and I appreciate it. Don't make it right though, Warrior had it right. Redneck got popular in WV because it made the bigtime papers for the Minors faught the Co men. Redneck imo is Southern rural white folk. If your in Appalachia you might could hold on to Hillbilly lol.

i find hillbilly offensive.

Billhilly?

Try being from KY. We are all toothless and marry our cousins. [mine said no] lol

Well, I thought redneck was an historical term, and refers to an event. If it goes back further, I would like to know it origins.

Lol, you ask her though didn't ya.

thank god your sister was still single.

Hi Les, get a haircut lol. Check out the Covenanters, 17th Century Scotts.

Right on Catch. I did have a history lesson some time ago about the mining deal, cant remember how it went, but I was listening at the time

Barber shops are closed, lol

Les,give yourself a shag haircut with your green river skinner.
Then you'll resemble an authentic mountain man,lol.

tsquare and the pruners from the greenhouse les.

The origins are supposedly from the West Virginia mine uprising. The union laborers wore red bandanas around their necks so they wouldn't shoot each other while trying to keep the scabs out of the mines.

Just saw another video of him getting arrested for shop lifting a few years ago.Real good boy.

Same as I've always heard.

That was what came about as being at the right place at the right time, not the origin but regardless, God bless the Miners!!

Try being from the "Tiger King" state.

Mike

My question: Is it legal to resist a citizen arrest?

I bet they were all still on the property though even if they were outside the building

And like i said I bet you wouldn’t try to arrest them if they got away and came back the next day, you have to catch them red handed right and they have to demonstrate that they intended to steal something which is why they have to leave the store before you nab them

Nightlife,not all were still on the property,some were quite a ways away. If one got away,I usually caught them doing the same thing,the next time they came in.
One thing about shoplifters--most thought they were smarter than anyone else.I liked to prove them wrong.
Tom

Don’t blame you a bit it’s been my finding that thieves all seem to think that they are smarter then everyone else and when they end up getting caught it’s not their fault or that they did something stupid but that the law got lucky or something

Some thieves are so stupid they attack people pointing guns at them.

Boco you don’t have to worry about that in Canada when Trudeau gets done the only ones with guns will be the police

Nope, I'm making long hair great again, what little I have left.

That's how I heard it too.

I don't know, is it legal to knock somebody along side the head with a reckon bar, hog tie them, and take them to justice ? I have a guy in mind, and don't want to hurt my hands.

Wrong answer. What about the criminals? I would guess that they will not turn in their guns.

We all know that the criminals willturn there guns in if the are illegal the Democrats said so.