General Thoughts on Georgia shooting?

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mysticmac

mysticmac

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Splinty said:
Highlight is mine. Perhaps the two confronting arbery have committed a felony I don't recognize because I'm not a lawyer. That would meet the definition for murder. Otherwise the lawyer describes precedent that depraved disregard for human life meets the criteria.
I assume The latter is what's being put on trial.
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How did they show a depraved disregard for human life?
 
ThatOneDude

ThatOneDude

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mysticmac said:
They shot a 25 yr old man that grabbed another man's gun, and he was shot while struggling over that gun. That isn't a depraved disregard for human life.
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It seems like they did try to stop the correct guy, it's really sad it came to this.
 
Filthy

Filthy

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mysticmac said:
They shot a 25 yr old man that grabbed another man's gun, and he was shot while struggling over that gun. That isn't a depraved disregard for human life.
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they initiated an armed confrontation with an unarmed person based on their ability to ID him as he ran past their yard.
 
Filthy

Filthy

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ThatOneDude said:
It seems like they did try to stop the correct guy, it's really sad it came to this.
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i don't know...they definitely got the guy who was trespassing...have you seen anything to tie him to the unreported break-ins?
 
mysticmac

mysticmac

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They had guns. They can detain him, then call the cops. They also may have seen their neighbor standing in the middle of the road on the phone watching the guy and assumed he called the cops.

Who suggested he was going to outrun the truck?
 
Splinty

Splinty

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mysticmac said:
They also may have seen their neighbor standing in the middle of the road on the phone watching the guy and assumed he called the cops.
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Link?

Their statement says that they just saw him running by and thought he looked like a guy from video in the past
 
Splinty

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mysticmac said:
They shot a 25 yr old man that grabbed another man's gun, and he was shot while struggling over that gun. That isn't a depraved disregard for human life.
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But as best I can tell that will be the argument right?
Just looking at the law of what meets the definition of murder.
The only other way I see it fitting as murder is that the two need to have committed a felony during the commission of his death.
 
mysticmac

mysticmac

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Splinty said:
But as best I can tell that will be the argument right?
Just looking at the law of what meets the definition of murder.
The only other way I see it fitting as murder is that the two need to have committed a felony during the commission of his death.
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Could be. Like I posted earlier, I don't think they can get them on murder. Intent is going to be a long shot to prove beyond a reasonable doubt.
 
Splinty

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mysticmac said:
Could be. Like I posted earlier, I don't think they can get them on murder. Intent is going to be a long shot to prove beyond a reasonable doubt.
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Don't need intent if they have another felony.
Don't need intent if their actions are considered a depraved disregard for human life.

I'm not a lawyer so I don't know what other felonies they could be charged with. If they don't meet the definition of a citizens arrest then is that kidnapping? Is kidnapping a felony? Is it felony assault because they're using a deadly weapon?
As best I can tell their citizens arrest argument doesn't hold up by the state law at all. Not by legal text or by court precedent cited in the news.
So felony assault that led to a death? That would be murder.
 
mysticmac

mysticmac

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Splinty said:
Don't need intent if they have another felony.
Don't need intent if their actions are considered a depraved disregard for human life.

I'm not a lawyer so I don't know what other felonies they could be charged with. If they don't meet the definition of a citizens arrest then is that kidnapping? Is kidnapping a felony? Is it felony assault because they're using a deadly weapon?
As best I can tell their citizens arrest argument doesn't hold up by the state law at all. Not by legal text or by court precedent cited in the news.
So felony assault that led to a death? That would be murder.
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I'm no expert on the law either. Particularly, Georgia law. I would think there would be some kind of requirement to prove intent when it comes to kidnapping though.

I think it'd be tough to prove assault given we can't see who initiated physical contact.

But I get your point.
 
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