Posted on 05/27/2020 12:39:46 PM PDT by RoosterRedux
Court dates have been set for Travis McMichael, Greg McMichael and William Bryan, according to the Glynn Clerk Court of Magistrate Court.
Chief Magistrate Judge, Wallace E. Harrell, scheduled the preliminary hearing for the three Wednesday morning.
The preliminary hearing is scheduled for 9:30 a.m. in the Magistrate Court.
As I understand it (it is unclear from the short article), the charges are felony murder and aggravated assault for the McMs and felony murder and criminal attempt to commit false imprisonment for Bryan.
Over charged. Murder wont stick.
They need to add a charge of criminal DISSIN’. The DISSIN’ would provide Arbery with reasonable grounds to assault the son and wrestle the shotgun away from him.
Wonder if the car buddy will roll over on the father-son or if they will roll over on the car buddy in hopes of the son getting an easier sentence. Have to see how that plays out.
You’re right.
It’s not murder.
But possibly manslaughter?
I for one do not believe that Ahmaud was an innocent jogger.
But that arrangement with the local cops and having that loaded shotgun was pure stupid, plain and simple.
What are they going to do with the police records that indicate that there had been multiple break ins at the “house under construction” and the police had advised the homeowner to contact McMichael as a former LEO to check the house if there continued to be problems?
jogging, walking, skipping...yada yada....doesn’t mean a thing. The only thing that matters is, did arbery assault a man with a rifle.
Georgia Muder law
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1/
O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-2/
O.C.G.A. 16-5-2 (2010)
16-5-2. Voluntary manslaughter
(a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
(b) A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-3/
O.C.G.A. 16-5-3 (2010)
16-5-3. Involuntary manslaughter
(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.
What specifically would any of them roll over “with” (i.e., what information is there that isn’t already known)?
I brought up manslaughter in another thread and somebody there who seemed to have a much stronger understanding of the law pointed out that this is “felony murder”, which is basically just “while you were committing a felony, somebody died”. The felony in this case is the aggravated assault for the McMichaels and attempt to commit false imprisonment for Bryan.
For the McMichaels, they just have to prove that the citizens arrest was invalid. For Bryan, it seems they’re relying heavily on Gregory McMichael’s statement to the police in which he said Bryan saw them chasing Arbery and tried to use his truck to block Arbery’s escape.
“The only thing that matters is, did arbery assault a man with a rifle.”
Not before the man with the shotgun shot him.
The gun man aggravated assaulted Arbery and murdered him.
Arbery had the right to self defense and that is what he did until the gunman ended his life.
I think what they are going to try to do is prove “aggravated assault” (felony). Then the ensuing death would be “felony murder” (i.e., a death caused during commission of a felony).
exactly. that comment presupposes any of them thought they were breaking the law, which they did not believe that.
>But possibly manslaughter?
If they overcharge with 2nd degree like they did with Zimmerman, they’re going to lose.
uhhhhh....don’t think so.
What specifically would any of them roll over “with” (i.e., what information is there that isn’t already known)?
Texts, voicemails, knowledge, eye witness testimony in court.
Byron guy probably doesn’t want to sit in a cage with this neighbors for the next 30 years. He will make a deal and be a witness, unless he really doesn’t have anything.
Actually, what’s going to matter is whether the McMichaels were legally conducting a citizens arrest. If the citizens arrest was not valid, then chasing after Arbery with a shotgun was illegal and Arbery was defending himself. If the citizens arrest was valid, my guess is they’re free and clear. The guy who they were lawfully arresting resisted and became a threat to Travis McMichael’s life, and Travis McMichael defended himself lawfully.
BS
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