Ahmaud Arbery

[Tanis143]

Well he does have an older brother in jail and had already been found guilty of 2 felonies but let’s pretend he was out for a jog and would stop to pick some flowers to take home to his mother on his way back.


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It doesn't matter one bit what he did in his past, or what he was doing that day. The McMichaels, according to all statements and evidence we have right now, did not witness him committing a felony. That means their attempted detainment of Arbery was illegal. Point blank. By displaying firearms while trying to illegally detain him Arbery had every right to fear for his life and act in self defense. To say otherwise would be to give carte blanche permission for lynchings. Hell, lets allow cops to just execute people they arrest if they feel they are "thugs".

 

[JD8]

The internet is your friend. You are just as capable of looking up the code section as I am. I am very familiar with trespass law in Georgia since many of Georgia's gun laws intersect trespass laws. Georgia is my home state and that is where I went to law school. I can say with 100% certainty, there was NO TRESPASSING in this case. It's not even a gray area.

Fair enough. There's lots of local attorneys weighing in on this one per the media, not sure who to believe to be honest, especially without reference from anyone. Point remains, he wasn't there getting ideas for his kitchen and the length to which people are apologizing for it is impressive. Now, this doesn't excuse the "ride or die" actions of the others, but it's come to bear that this is a MUCH different scenario than originally painted.

 

[Tanis143]

But yet you won’t cite the law?


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Georgia Code Title 16. Crimes and Offenses § 16-7-21
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

Right now they have Arbery on video walking through the house, which was not secured and not known if it was posted no trespassing. If all he did was look around, and no one had told him previously he was not allowed on the the property, the case can be made that he had not committed trespassing yet. Its a thin line, but he so far had skirted it.

I did, and the video I posted last night by Colion Noir quoted the same law I posted and he broke it down in great detail.

 

[BobbyV]

Well he does have an older brother in jail and had already been found guilty of 2 felonies but let’s pretend he was out for a jog and would stop to pick some flowers to take home to his mother on his way back.


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Might as well . . . y'all are pretending he deserved to get chased down and shot.

 

[Shakel65]

The internet is your friend. You are just as capable of looking up the code section as I am. I am very familiar with trespass law in Georgia since many of Georgia's gun laws intersect trespass laws. Georgia is my home state and that is where I went to law school. I can say with 100% certainty, there was NO TRESPASSING in this case. It's not even a gray area.



Easements almost NEVER include the interior of the structure. People get tripped up on Georgia trespass law because of the notice requirement. Signage alone rarely satisfy the notice requirement according to years of Georgia case law.



Cameras on a location is not notice and I have *never* read case law that would make the legal argument (successfully) that a reasonable person would take a camera to be sufficient notice to "not trespass", especially with the large number of cameras that are out there. And looking for something to take? Yeah...sure looks like that to me.



Attack? Really? And a criminal? Again, what crime did he commit? No need to answer, because it appears very clear that he didn't commit ANY CRIME. Those guys are going to spend a long time in the Georgia correctional system.



Yep, that's not going to happen. The appointed DA is from a county that is full of bulldog prosecutors and the "it's Georgia" isn't going to apply...especially when they have a change in venue due to press coverage. Those guys are going to rot in prison.



You mean the DA that is part of the Glynn County good 'ole boy system? The DA that has nothing to do with this case now? Funny how the GBI director (who is also an attorney) seemed to have found PC pretty damn fast. And before people get all riled up saying that the GBI director (and state AG) are just a bunch of Demorats, do a little research on them. Vic Reynolds is the GBI Director and Chris Carr is the AG. What the Glynn County DA has to say means absolutely nothing in this case.



You're wasting your time. I'm one and am even pretty familiar with Georgia law, but my opinion is met with nothing but, "NO...THAT BLACKMAN DESERVED TO DIE!!!"

How can you be so certain he wasn't trespassing when you haven't seen the rest of the video of him inside the house? Was he taking notes on framing or was he stacking tools/materials in a corner for later retrieval? Nobody knows that yet.

 

[TedKennedy]

None of that now. We all know dogs, deer, primates, fish, all are empty vessels, and only reflect what society shows them.

Might as well . . . y'all are pretending he deserved to get chased down and shot.

He was trying to steal a shotgun.

 

[BobbyV]

None of that now. We all know dogs, deer, primates, fish, all are empty vessels, and only reflect what society shows them.

He was trying to steal a shotgun.

From some random loser trying to "arrest" him . . . . sure. That's theft.

 

[Shadowrider]

Fair enough. There's lots of local attorneys weighing in on this one per the media, not sure who to believe to be honest, especially without reference from anyone. Point remains, he wasn't there getting ideas for his kitchen and the length to which people are apologizing for it is impressive. Now, this doesn't excuse the "ride or die" actions of the others, but it's come to bear that this is a MUCH different scenario than originally painted.

Definitely agree with him not being there for design ideas. And there was definitely plenty of stupid from all involved that day. Being unarmed and attacking a dude with a shotgun when the dude had backup? Not smart.

Likewise the yokels had several other options available to them. As it is, it's probably cost ALL of them their lives. Very unfortunate but I can't really garner a lot of sympathy for any of them to be honest. I can however garner a healthy dose of hatred for how the media is running it.

 

[BobbyV]

I said he got himself shot when he decided to attack the man with the shotgun as clearly shown on the video.

Are you saying you honestly believe he was just out for a jog and did absolutely nothing wrong?


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The dude did nothing to justify the father/son trying to "arrest" him. That's what I'm saying.

 

[Tanis143]

Funny how pstmstr won't respond when someone points out that Arbery's past has no connection to the events, and how lawyers have pointed out that the McMichaels had no legal leg to stand on that would justify their actions. Even the act of Arbery going into an OPEN, unoccupied structure, which does not even rise to the level of trespassing, doesn't warrant those actions. It doesn't matter what intent he might have had for going into the structure, its his actions that count. On that day, Arbery did nothing illegal. Notta. Zip. Zilch. But because two yahoo's thought they were the law, Arbery is dead. The actions taken by McMichaels set the course that ended in Arbery getting shot. Nothing can excuse that. Was Arbery a stand up, clean cut, honest citizen? I don't know and it does not matter at this point. What matters is the actions taken by the McMichaels. And anyone who wants to try and insinuate that I'm race baiting, or race excusing, or any other hogwash because Arbery was black, please point out at any time in this thread where I claimed the McMichaels did this because of Arbery's race. Please, quote me. This was simply two yahoo's playing cops and they screwed up, causing the death of man.