I doubt the charge will stick. Too much twisting of the law to suit their purpose.
>I really have not been following this case much at all. But this analysis is interesting. Legal Insurrection does good work.
It’s sad because this is an open and shut case. The guy had stolen before, was belligerent, clearly ran at a man with his shotgun pointed down, grabbed it and was shot.
The prosecution are just trying to get accolades by trying this as a civil rights case like Trayvon Martin, but they can’t win with the one shotgun holder unless they go with a manslaughter charge, which will lose to self-defense anyway.
bogus charge.
have they ever charged blacks who phone-filming a feral black thug crowd beating up or injuring/killing a white person with felony murder?
You can’t just investigate anymore.
You have to throw a pound of flesh to the professional complainers.
If it turns out they were communicating before, during and after the incident, they probably have a case against him, and the narrative will be, they lied in wait and then ambushed him.
If they don’t have prior communication, he probably walks.
I wonder if they will also arrest neighbors living there who’s houses may have blocked Arbery from escaping? This case stinks more and more every day. Governor Brian Kemp who has made almost all of his appointments with women and minorities was quick to condemn the defendants and make it even harder to get a fair trial. Now they have assigned the case to a black DA in metro Atlanta’s Cobb County to ensure all their bases are covered. There is not the slightest chance any of these three get a fair trial.
The attempts charge in the Official Georgia Code Annotated (OCGA) reads as follows:
= = = = = = = = = = = = = = = = O.C.G.A. 16-4-1 (2010)
16-4-1. Criminal attempt
A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.
= = = = = = = = = = = = = = = =
In the case of the false imprisonment, I did a quick google search and found two Georgia cases in my first hit. No attempt charge was there as it looks like they had successfully, if even for a limited period of time perfected the crime of false imprisonment:
In the case of Kiser v. State, the defendant was found guilty of false imprisonment under O.C.G.A. §16-5-41. 327 Ga. App. 17 (2014). The victim received a telephone call from a friend, Zachary, who owed victim $575. Zachary asked the victim to come to his mobile home to get the money. When the victim arrived at the mobile home, he saw Kiser, who he had met before. Kiser signaled victim to come inside and then shut the door behind him and stood at the door like he was standing guard. After a minute, the victim saw another man walk out of the back room of the mobile home with a gun pointed straight out. The victim feared for his life and dove through a closed glass window in the rear bedroom of the mobile home. During the trial, Kiser argued that the evidence was insufficient to support a false imprisonment conviction because no one prevented the victim from leaving through the window and no one told the victim he could not leave. The victim testified that he could not leave through the only door to the mobile home because Kiser was blocking it and the other man had a gun. The Court found the evidence sufficient to convict the defendant of false imprisonment.
Another case where the defendant was found guilty of false imprisonment was in Taylor v. State. 318 Ga. App. 115 (2012). Taylor and his co-conspirator entered a Metro PCS store, and Taylor approached two women and a child and told them that they were about to rob the place. Taylor pulled out a gun and cocked it, and forced them to the back of the store and to lie on the floor. Then Taylor and his partner went behind the counter and forced the store employee to empty the cash register, and then they exited the store. The Court found that there was sufficient evidence to found the conclusion that Taylor should be convicted of false imprisonment.
If I was a criminal who took pride in my work, the last thing I'd ever want would be an attempt charge. That would mean I was a failure at whatever crime I had intended to commit.
Maybe the idea is to get Bryan to testify against the other two.