57
   

Guns: how much longer will it take ....

 
 
vikorr
 
  5  
Reply Sun 24 May, 2020 05:18 am
@oralloy,
Quote:
His phrasing is entirely consistent with a belief that the jogger was an escaping burglar.
Criminals will make up any self serving excuse to justify why they committed a crime. So taking a killers words only at face value irrespective of the surrounding circumstances / events / evidence, is hardly a good argument for manslaughter over murder.

So when I asked 'on what reasonable ground' he suspected the victim of breaking in to houses - It should have been obvious that you would need to provide specific information. What burglary was Arbery escaping? That is your reason for saying 'haulting ass' and 'running' is justified...what robbery was he 'fleeing'? And of course you can only flee a breakin that you just done, because once you're well and truly gone, you are no longer fleeing the scene or pursuit. So once again - what robbery was he fleeing?

Arbery was gunned down 23 Feb and apart from a Feb report by the McMichaels of theft of a firearm from Jnr's open truck, no breakin been reported in the previous several weeks (last one in January)...so he wasn't fleeing a breakin...Snr didn't know of any breakin he could be fleeing...and therefore had no reasonable grounds to believe Arbery was fleeing.

From yet another angle - what Breakin at any time could the victim even be a suspect for (one that he could be arrested for)? Snr, being an Ex Police Officer and DA investigator, would understand the 'criminal standard of proof', and what would hold up in a criminal court. He would know that there was no evidence that he knew of that would hold up in a court. He would know that even police wouldn't be able to arrest Arbery on the evidence he (Snr) knew. So even the smallest amount of common sense would say that a citizen wouldn't be able to conduct a citizens arrest in those circumstances....but Snr still wants to describe the victim as a suspect and hunt him down...So Malicious

...So he has no reasonable grounds to suspect Arbery of either a breakin, nor to be fleeing a breakin, and being an ex police officer would very well know the difference between a jogging gait and a fleeing run....but chooses to describe the victim as 'hauling ass' and 'running'. So, Malicious.

...nor does he say anything to 911 similar to 'he might have broken into a house', nor to the police who took his statement (so he's not using the 'might have, possibly, could have type of suspect)...and being en ex police officer, its highly unlikely he would use that type of 'suspect' terminology (without malicious intent...and that is what I'm saying - he used this terminology maliciously)

So to summarise:
- no reasonable ground to suspect Arbery of any robbery (that would hold up in a court)
- no reasonable ground to suspect Arbery of fleeing the scene of a robbery (none just committed)
- knows he doesn't have enough evidence for police to arrest (so should know 99.99% certainty that he as a private citizen couldn't arrest Arbery)
- knows that the victim isn't a 'suspect' in any criminal standard of evidence sense...but still describes him as a suspect
- knows it's just a jogging gait, but describes it as 'hauling ass' and 'running'
...and arms up, hunts him down, and ends up killing him

...I'm calling this malicious on the part of Snr. Jnr, once again, may just be plain stupid.

Quote:
Your characterization of their actions omits the key fact that Travis McMichael only opened fire when the jogger charged at him and tried to seize his weapon. Attempting to question someone is hardly evidence of malicious intent.
You seem to have missed where I've twice now said that Jnr may just be plain stupid. Not enough is known about him / he hasn't said enough to work out if he had malicious intent, or was just plain stupid.

Quote:
It is pretty clear that Travis and Gregory McMichael were using the term suspect in a "might have done it, maybe, possibly" sense.
See previous response.
Quote:
Attempting to question someone is hardly evidence of malicious intent.
Nor has anyone suggested this is (if it is at all true, rather than just self serving). It's all the other circumstances, actions and words that show malicious intent.
Olivier5
 
  3  
Reply Sun 24 May, 2020 05:59 am
@oralloy,
Quote:
All of the evidence so far is entirely consistent with an attempt to confront a suspected burglar

There is no evidence they suspected he was a burglar.
coldjoint
 
  0  
Reply Sun 24 May, 2020 04:15 pm
@Olivier5,
Quote:
There is no evidence they suspected he was a burglar.

When you go into a house you do not own and no one is home there is every reason to suspect you are a burglar.
0 Replies
 
McGentrix
 
  1  
Reply Sun 24 May, 2020 08:12 pm
@oralloy,
oralloy wrote:

MontereyJack wrote:
You have no evidence forof any conversation in the confrontation. By your own interpretation of the constitution Awbrey had every right to self defense to try to get the threat to himself removed.

That is incorrect. People don't have the right to attack people for merely holding a shotgun.


MontereyJack wrote:
/sineone earlier ub this thread cited Georgia law to the effect that brandishing a weapon is a felony, so the son was clearly guilty just by his armed presence.

That is a loophole in Georgia law, and that loophole is being closed.


MontereyJack wrote:
it was murder.

That is incorrect. Under Georgia law, deaths connected to a misdemeanor are involuntary manslaughter.


Orralloy, if Arbery was legally carrying and pulled his gun to defend himself and killed the two white guys, who would you defend?
Olivier5
 
  3  
Reply Mon 25 May, 2020 12:37 am
@McGentrix,
Quote:
if Arbery was legally carrying and pulled his gun to defend himself and killed the two white guys, who would you defend?

Good point, and not theoretical. Someone could easily dispense justice to these two murderers, far west style.
RABEL222
 
  3  
Reply Mon 25 May, 2020 10:26 am
@Olivier5,
Unfortunately rational people don't shoot people because their black or because they are wearing a turban. They think the 2nd amendment is all about guns. These two will never spend a day in prison because the nra don't want their pet gunman to be punished.
oralloy
 
  -3  
Reply Mon 25 May, 2020 11:35 am
@RABEL222,
The Second Amendment is in fact all about guns.
0 Replies
 
oralloy
 
  -3  
Reply Mon 25 May, 2020 11:36 am
@MontereyJack,
MontereyJack wrote:
Following someone for several minutes, profiling him on no evidence as a burglary suspect, stopping him on no evidence and then attempting to question him while he was unarmed, while holding a shotgun are not neutral actions. They are actions that would put a reasonable person in fear for his life. You claim self defense is a basic right, so Auhmaud was perfectly justified in attempting to remove a validly perceived threat to his life.

Holding a shotgun while asking questions doesn't threaten anyone's life. Had the jogger guy not violently attacked anyone, he would still be alive today.


MontereyJack wrote:
A charge of murder against the McMichaels is perfectly reasonable therefore.

I know that progressives really want black people to be allowed to kill whoever they want to, but no. It is not reasonable to charge people with murder for defending themselves.
0 Replies
 
oralloy
 
  -3  
Reply Mon 25 May, 2020 11:39 am
@vikorr,
vikorr wrote:
Criminals will make up any self serving excuse to justify why they committed a crime. So taking a killers words only at face value irrespective of the surrounding circumstances / events / evidence, is hardly a good argument for manslaughter over murder.

All of the surrounding circumstances / events / evidence (including the actual video of the confrontation) are consistent with an attempt to confront a suspected burglar. There is nothing to suggest anything more sinister than that.


vikorr wrote:
So when I asked 'on what reasonable ground' he suspected the victim of breaking in to houses - It should have been obvious that you would need to provide specific information.

Except your opinion about the reasonableness of his beliefs is not evidence that he didn't have those beliefs.

My opinion is that you are unreasonable to think that this is anything more than an attempt to confront a suspected burglar. Is my opinion then evidence that you do not actually have this belief?


vikorr wrote:
What burglary was Arbery escaping? That is your reason for saying 'haulting ass' and 'running' is justified...what robbery was he 'fleeing'? And of course you can only flee a breakin that you just done, because once you're well and truly gone, you are no longer fleeing the scene or pursuit. So once again - what robbery was he fleeing?

Who knows. All they knew was that there had been a series of break-ins.


vikorr wrote:
Arbery was gunned down 23 Feb and apart from a Feb report by the McMichaels of theft of a firearm from Jnr's open truck, no breakin been reported in the previous several weeks (last one in January)...so he wasn't fleeing a breakin...Snr didn't know of any breakin he could be fleeing...and therefore had no reasonable grounds to believe Arbery was fleeing.

There had been other break-ins before that one.


vikorr wrote:
From yet another angle - what Breakin at any time could the victim even be a suspect for (one that he could be arrested for)? Snr, being an Ex Police Officer and DA investigator, would understand the 'criminal standard of proof', and what would hold up in a criminal court. He would know that there was no evidence that he knew of that would hold up in a court. He would know that even police wouldn't be able to arrest Arbery on the evidence he (Snr) knew.

You're making a lot of unsupported assumptions about what he thought and knew.

It is likely that he thought that if this is the burglar then the police would be able to tie him to the burglaries.


vikorr wrote:
So even the smallest amount of common sense would say that a citizen wouldn't be able to conduct a citizens arrest in those circumstances....but Snr still wants to describe the victim as a suspect and hunt him down...So Malicious

There is no reason to think that an attempt to confront a suspected burglar is anything more sinister than an attempt to confront a suspected burglar.


vikorr wrote:
...So he has no reasonable grounds to suspect Arbery of either a breakin, nor to be fleeing a breakin, and being an ex police officer would very well know the difference between a jogging gait and a fleeing run....but chooses to describe the victim as 'hauling ass' and 'running'. So, Malicious.

There is no reason to think that suspicion that the guy is a fleeing burglar is anything more sinister than a suspicion that the guy is a fleeing burglar.


vikorr wrote:
...nor does he say anything to 911 similar to 'he might have broken into a house', nor to the police who took his statement (so he's not using the 'might have, possibly, could have type of suspect)...

That is exactly what he meant by the term suspect.


vikorr wrote:
...and being en ex police officer, its highly unlikely he would use that type of 'suspect' terminology (without malicious intent...and that is what I'm saying - he used this terminology maliciously)

When you suspect someone of something, "suspect" is the correct terminology to use.


vikorr wrote:
So to summarise:
- no reasonable ground to suspect Arbery of any robbery (that would hold up in a court)
- no reasonable ground to suspect Arbery of fleeing the scene of a robbery (none just committed)

Your opinion of the reasonableness of his beliefs is not evidence that he did not have those beliefs.


vikorr wrote:
- knows he doesn't have enough evidence for police to arrest (so should know 99.99% certainty that he as a private citizen couldn't arrest Arbery)

Setting aside your lack of evidence for what he knew and thought, have you managed to find any evidence yet that they were attempting to conduct a citizens arrest?


vikorr wrote:
- knows that the victim isn't a 'suspect' in any criminal standard of evidence sense...but still describes him as a suspect

When you suspect someone of something, "suspect" is the correct word to use.


vikorr wrote:
- knows it's just a jogging gait, but describes it as 'hauling ass' and 'running'

His terminology is entirely consistent with a belief that the jogger was a fleeing burglar.


vikorr wrote:
...and arms up, hunts him down, and ends up killing him

You again overlook the key fact that Travis McMichael opened fire only when the jogger charged at him.


vikorr wrote:
...I'm calling this malicious on the part of Snr.

There is no evidence that this is anything more sinister than an attempt to confront a suspected burglar.


vikorr wrote:
You seem to have missed where I've twice now said that Jnr may just be plain stupid.

I saw. You clearly have no basis for assessing his intelligence, but it's not worth arguing about.


vikorr wrote:
Not enough is known about him / he hasn't said enough to work out if he had malicious intent, or was just plain stupid.

There is clearly no evidence of malicious intent. However, it's not an either/or proposition.


vikorr wrote:
Nor has anyone suggested this is (if it is at all true, rather than just self serving). It's all the other circumstances, actions and words that show malicious intent.

All of the other circumstances, actions, and words are entirely consistent with an attempt to confront a suspected burglar.
oralloy
 
  -3  
Reply Mon 25 May, 2020 11:43 am
@Olivier5,
Olivier5 wrote:
There is no evidence they suspected he was a burglar.

Yes there is. Aside from the fact that there were actual burglaries, there were their 911 calls about the jogger, and there is an actual video of the confrontation that shows actions consistent with an attempt to confront a suspected burglar.

What's not supported by any evidence is the silly contention that this was anything more sinister than an attempt to confront a suspected burglar.
0 Replies
 
oralloy
 
  -3  
Reply Mon 25 May, 2020 11:50 am
@McGentrix,
McGentrix wrote:
Oralloy, if Arbery was legally carrying and pulled his gun to defend himself and killed the two white guys, who would you defend?

That would depend on whether anyone was being wrongly accused of something. If Travis and Gregory McMichael had not been attacking the jogger guy, and the jogger guy opened fire anyway, the jogger guy would be guilty of manslaughter for killing them.

If someone then wrongly said that the jogger guy had committed murder, I would point out that it was only manslaughter, just as I am currently doing with Travis and Gregory McMichael.
0 Replies
 
kuriisenbo
 
  2  
Reply Mon 25 May, 2020 11:57 am
The government should be blamed for all this. There wouldn't be so many killing, if people wouldn't have access to guns or other weapons.
oralloy
 
  -3  
Reply Mon 25 May, 2020 12:01 pm
@kuriisenbo,
That is incorrect. Gun availability has little impact on homicide rates.

Much more importantly, people in America have the right to carry guns.

Americans are free people. We are not serfs like the people in other countries.

Welcome to a2k by the way.
0 Replies
 
oralloy
 
  -2  
Reply Mon 25 May, 2020 12:04 pm
@Olivier5,
Olivier5 wrote:
Fear is natural, but to let it command our behavior is cowardice.

So then by your standards this jogger guy was quite a coward. He let his fear drive him to make a violent attack against someone who was not attacking him.
0 Replies
 
oralloy
 
  -2  
Reply Mon 25 May, 2020 12:06 pm
@Olivier5,
Olivier5 wrote:
So cowardice is seen as a extenuating circumstance in US law?

The cowardly jogger would have committed manslaughter, not murder, had he succeeded in killing Travis and Gregory McMichael.
0 Replies
 
oralloy
 
  -1  
Reply Mon 25 May, 2020 12:07 pm
@MontereyJack,
MontereyJack wrote:
As you always do, you've got it backwards again.

You're the only person here with a history of getting things backwards.
oralloy
 
  -1  
Reply Mon 25 May, 2020 12:08 pm
@Olivier5,
Olivier5 wrote:
Good point, and not theoretical. Someone could easily dispense justice to these two

Murdering people for defending themselves isn't justice.


Olivier5 wrote:
these two murderers,

Defending yourself from attack isn't murder.
MontereyJack
 
  3  
Reply Mon 25 May, 2020 12:53 pm
@oralloy,
Acting in self defense from someone you think is putting your life in danger is a principle you've regularly endorsed and claim is constitutional in your view, which is what arbery did. Killing that person for so acting is murder.
MontereyJack
 
  4  
Reply Mon 25 May, 2020 12:55 pm
@oralloy,
your entire history of posts gets it backwards.
oralloy
 
  -2  
Reply Mon 25 May, 2020 03:24 pm
@MontereyJack,
Wrong again. You are the only person here with a history of getting things backwards.
0 Replies
 
 

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