No, one must use the vehicle offensively in a manner likely to result in serious bodily injury.
The video clearly shows it was Arbery who veered across the truck towards McMichael; as soon as McMichaels comes into frame he is backpedaling. The rest of what you wrote there is inaccurate.
- Under Georgia law you are not required to withdraw or retreat if there is a reasonable fear for your life (not even outside your home or defending your property).
- This one could be relevant, but there is no evidence to suggest it, and everything we know contradicts it. They did not taunt him. They sought to detain him. Furthermore, this would entail that Arbery was the aggressor in that final confrontation, by provocation, and you have already asserted you do not believe this.
- The criminal activity must be a felony. A false arrest is a misdemeanor. Brandishing a weapon is also legal in Georgia in a dispute if it isn't aimed offensively, or wielded under threat, and otherwise decriminalized if the person isn't attempting to violently injure the other person, and it's apparent they weren't until Travis was attacked. This was discussed earlier.
The last is the one I said I would have thought would be the prosecutors strategy for attributing felonious conduct to the McMichaels. One would argue they didn't have reasonable grounds to brandish their firearm, but at the trial, I suspect their lawyer will argue these firearms were a precaution on the presumption they may be facing an armed man. This is where my post dug in on the potential escalation of simple assault to aggravated assault, so maybe this is why the prosecutors chose to charge them with aggravated assault, because otherwise, nothing about their conduct fits the definition of that in the "Crime on Person" statutes I read, and I read them all.
This is why I said it's not so cut and dry.
You put such wild spin on everything, Mick. And writing such long-winded posts is clearly an attempt to overwhelm posters and scare them away from replying point-by-point.
I mean, the very first sentence is blatantly wrong. We know that Travis chased Arbery around to the front of the car, with a shotgun he had already aimed at Arbery. It would just be a guess, and certainly not a wild one, that Travis again aimed the gun at Arbery after moving to the front of the vehicle to cut him off. Whether or not this happened, Arbery was well enough justified to defend himself.
"False arrest" isn't the only crime the McDipshits committed.
Aggravated Assault, the moment either men pointed a firearm at Arbery, is a felony. That felony ended with the death of Arbery. In that case, in the State of Georgia, Felony Murder is the only charge that can be brought in the death of Ahmaud Arbery. You could probably argue that chasing him and cutting him off with the car was also a case of Aggravated Assault.
You might also not be up to date on the laws regarding "false arrest" in the state of Georgia. The crime in which they were attempting false under "False Imprisonment" which is defined as when "A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority".
So, there are two ironclad cases of attempted felonies. Which, again, means that Travis McMichael would be charged with Felony Murder.
Maybe where you live differentiates "false arrest" and "false imprisonment", but Georgia does not. They could EASILY both be charged with attempted false imprisonment, which would be a felony. I don't understand where you came up with it being a misdemeanor, but perhaps you're not looking at Georgia Law.