General Thoughts on Georgia shooting?

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mysticmac

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I think it's pretty telling that the home owners have flat out said they would not have wanted the vigilante response, seems not all the neighbors like what the redneck batman and robin did.

I think it's also telling that the gentleman in the video also experienced the same things I did when my house was being built. This isn't uncommon to check out houses being built.

His comparison to CHL laws is pretty good.


That 911 call is pretty damning for the redneck batman and robin, imo

Homeowner states NADA has been taken from the house, no felony committed, batman and robin fucked up

This case is really causing a tug of war between my heart and brain.
My heart says, CHOOT EM. My brain says this is a sad pathetic attempt by redneck batman and robin to relive the glory years, and they killed someone whom should not have been killed.
If you are referring to the last video you posted, he got a number of things wrong.

One of the biggest ones is that, under Georgia law, the guy didn't need to actually steal anything to have committed burglary which is a felony. He only needed to intend to steal something. That isn't the easiest thing to prove, but given a) he hasn't been jogging in any video I've seen, b) he looks around to see if anyone is watching prior to entering the home, c) once he thinks the coast is clear, he sprints into the home, and d) he sprints away from the home once he notices someone is watching him, it certainly implies that, in his mind, he was doing something wrong.

I don't think he went in there to checkout the layout of the shell of a house like the couple in the video did in a nearly complete home. That doesn't seem to be a fair comparison.

Also, there were doors on the house. The front door that he ran out of is seen in the video.

He also points out the video of the guy in the house is seven minutes long. We've seen about five seconds worth of that video.

Also, the original 911 call says that the guy is on video multiple times in that house.

And, at this point, what else would the homeowner say? "Good" -Grumpy cat? The story already gained national media attention and has a bunch of people pissed off. There are also a bunch of protestors in the neighborhood. I'm sure he doesn't want his house burnt down.
 

ThatOneDude

Commander in @Chief, Dick Army
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Jan 14, 2015
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If you are referring to the last video you posted, he got a number of things wrong.

One of the biggest ones is that, under Georgia law, the guy didn't need to actually steal anything to have committed burglary which is a felony. He only needed to intend to steal something. That isn't the easiest thing to prove, but given a) he hasn't been jogging in any video I've seen, b) he looks around to see if anyone is watching prior to entering the home, c) once he thinks the coast is clear, he sprints into the home, and d) he sprints away from the home once he notices someone is watching him, it certainly implies that, in his mind, he was doing something wrong.

I don't think he went in there to checkout the layout of the shell of a house like the couple in the video did in a nearly complete home. That doesn't seem to be a fair comparison.

Also, there were doors on the house. The front door that he ran out of is seen in the video.

He also points out the video of the guy in the house is seven minutes long. We've seen about five seconds worth of that video.

Also, the original 911 call says that the guy is on video multiple times in that house.

And, at this point, what else would the homeowner say? "Good" -Grumpy cat? The story already gained national media attention and has a bunch of people pissed off. There are also a bunch of protestors in the neighborhood. I'm sure he doesn't want his house burnt down.
A-D aren't felonies.
There are plenty of not doors on the house as well.
Yes, I was going off what we know now, opinions can change as more facts come out.
They don't know that, and the people who own the house said nothing had been taken, ever.
 

mysticmac

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A-D aren't felonies.
There are plenty of not doors on the house as well.
Yes, I was going off what we know now, opinions can change as more facts come out.
They don't know that, and the people who own the house said nothing had been taken, ever.
Burglary is a felony. Intent needs to be proven as to whether or not a burglary was committed. A-D are what we can see on the video that speak toward that intent.
 

ThatOneDude

Commander in @Chief, Dick Army
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Burglary is a felony. Intent needs to be proven as to whether or not a burglary was committed. A-D are what we can see on the video that speak toward that intent.
We can't prove his intent, you are making assumptions on his intent.
 

mysticmac

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Oct 18, 2015
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Just the one that's released of the arriving officers that took their statements.

https://int.nyt.com/data/documenthe...52fa09cdc974b970b79/optimized/full.pdf#page=1
Yeah, that's all I know of too which can't be the complete report. It only includes the father's statement given at the scene the day of the shooting. The cops also talked to the son and the guy that shot the video. In an interview, the guy that shot the video said he and a cop sat in his car and watched the video at the scene.

The father, son, and guy that shot the video are listed in that report as the accused and two witness on the day of the shooting. The two victims are listed as being identified five days later, and later more witnesses were added. Where are the statements from everyone else?

And I'm sure both the father and son were questioned again once brought in. Probably prior to that as well.
 
T

The Big Guy

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mysticmac

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Oct 18, 2015
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You are making assumptions. The video does not show him stealing anything, thats what we know.
I know I'm making assumptions. I said those are based on what we know from the video. I also said he doesn't have to have stolen anything to have committed a felony under Georgia law.

There are a lot of people also making assumptions that the son intended to shot the guy. The point that I made a number of posts ago is that intent is important on both sides.
 

ThatOneDude

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I know I'm making assumptions. I said those are based on what we know from the video. I also said he doesn't have to have stolen anything to have committed a felony under Georgia law.

There are a lot of people also making assumptions that the son intended to shot the guy. The point that I made a number of posts ago is that intent is important on both sides.
You can't do what they did based on assumptions.
If his finger was on the trigger, which it was because he pulled it, then he intended to shoot the firearm. It's one of the basic firearms rules, you keep your finger straight and off the trigger until you are ready to fire.
 

mysticmac

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Oct 18, 2015
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You can't do what they did based on assumptions.
If his finger was on the trigger, which it was because he pulled it, then he intended to shoot the firearm. It's one of the basic firearms rules, you keep your finger straight and off the trigger until you are ready to fire.
The second DA said in his memo that he wounds are consistent with the guy yanking the gun forward. Being dumb and not practicing proper gun safety doesn't prove intent. You're making assumptions.

Intent is important to prove murder. Without it, where the malice aforethought?
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 1 - HOMICIDE
§ 16-5-1 - Murder; felony murder

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.
Also at that point, you could argue the son was in a fight for his life. We can't see in the video which one initiated physical contact.
 

ThatOneDude

Commander in @Chief, Dick Army
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The second DA said in his memo that he wounds are consistent with the guy yanking the gun forward. Being dumb and not practicing proper gun safety doesn't prove intent. You're making assumptions.

Intent is important to prove murder. Without it, where the malice aforethought?


Also at that point, you could argue the son was in a fight for his life. We can't see in the video which one initiated physical contact.
Because no felony was committed they were in the wrong to attempt to citizens arrest him, meaning the law you posted is moot.

I think any reasonable person would agree if someone comes at you with a gun, and tries to illegally detain you, you have the ability to defend yourself.
 

mysticmac

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Because no felony was committed they were in the wrong to attempt to citizens arrest him, meaning the law you posted is moot.

I think any reasonable person would agree if someone comes at you with a gun, and tries to illegally detain you, you have the ability to defend yourself.
You don't know that a felony was not committed. As I posted earlier, he doesn't have to have stolen anything to have committed a felony.
 

ThatOneDude

Commander in @Chief, Dick Army
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You don't know that a felony was not committed. As I posted earlier, he doesn't have to have stolen anything to have committed a felony.
It's already been pointed out he legally was not trespassing, due to the facts we currently know. And we know for a fact he didn't steal anything, we can see that when he runs out of the house being built. So what felony did he commit, according to the facts we currently know?
 

mysticmac

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Oct 18, 2015
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It's already been pointed out he legally was not trespassing, due to the facts we currently know. And we know for a fact he didn't steal anything, we can see that when he runs out of the house being built. So what felony did he commit, according to the facts we currently know?
We don't have all of the information. As I've posted numerous times, he may have committed burglary. I don't know why you are so willing to assume the son intended to shot the guy, but you refuse to equally assume the guy intended to steal from that house.
 

ThatOneDude

Commander in @Chief, Dick Army
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What is Jon Jones doing in your neighborhood?

Don't drive minivans around him. Don't try to street race him. Hide your coke. You can probably sell him some PDEs if you have any laying around.
Thanks for the tips, I'm going to chase him down in my truck, but instead of shooting him I will offer him drugs. Like a normal human being.
 

ThatOneDude

Commander in @Chief, Dick Army
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We don't have all of the information. As I've posted numerous times, he may have committed burglary. I don't know why you are so willing to assume the son intended to shot the guy, but you refuse to equally assume the guy intended to steal from that house.
We know he didn't steal anything, we know that. The homeowner stated as much.

Because the son had his finger on the trigger, which means you intend to shoot something.
 

mysticmac

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Oct 18, 2015
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Because the son had his finger on the trigger, which means you intend to shoot something.
He could just be dumb. His pictures support that, so we have evidence of that. Anyway, it doesn't indicate intent anymore than looking around before going into the house.