Crime Ahmaud Arbery shooting v3

[Hog-train]

No, they don't. They fall under the same tort statute. They are entirely separate articles of crime (like "Abusive Litigation").
https://www.robertnkatz.com/civil-lawsuits-for-false-arrest.html

These are civil damages because it is a civil wrong.

I tried to find more info on whether what the McMichael's did qualified as a felony or not. This is from the same website as the link you gave.

So according to the link you gave, the McMichael's seem to be guilty of False Imprisonment AND the CIVIL ramifications of False Arrest. (what the exact page you linked is talking about.)

Meaning, the McMichael's are criminally liable for False Imprisonment AS WELL AS civilly liable for False Arrest.

It's not an either or situation. They are not mutually exclusive. The red part of the page below where it says "civil actions for false arrest in Georgia" goes directly to the exact same page you linked.

FROM the SAME WEBSITE YOU LINKED. Shows what they did was a FELONY.

https://www.robertnkatz.com/georgia-claims-for-false-imprisonment.html

What is False Imprisonment?

False imprisonment is the unlawful restraint of a person’s liberty or freedom without his or her consent or any legal justification. It may be committed by words, acts, or both. Physical violence is not necessary for an act to qualify as false imprisonment. The two essential elements of a false imprisonment claim are:

1. Intentional detention or restraint of a person against his or her will
2. Unlawfulness of the detention or restraint

To qualify as false imprisonment, the detention must involve actual force, like grabbing, holding, or manhandling, or the threat of force or harm. A threat of force must be such that any reasonable person would believe they could be hurt if they attempted to leave the area. In some cases, the threat of harm isn’t to the person, but rather to property or reputation, so long as the harm is threatened for the near future and there is no easy or apparent means for one to escape the harm.

False Imprisonment versus False Arrest

The terms false imprisonment and false arrest are sometimes used interchangeably. In fact, false arrest is a form of false imprisonment with particular elements. Namely, false imprisonment can be committed by anyone, but false arrest usually involves a legal authority. For more on false arrest, please see our page discussing civil actions for false arrest in Georgia.

The penalty for being convicted of false imprisonment in Georgia is confinement for at least one year but less than ten years, and the conviction will be deemed a FELONY. A suspect could also be subject to fines as well.

 

[A Lurker]

I'm going to guess he will go down the "there was no threat of force or harm" route.

 

[Madmick]

All you're showing me is that you can sue for civil liability on a completely separate civil statue.

Here: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-41.html

I've already shown you this, in a post you didn't reply to.

I tried to find more info on whether what the McMichael's did qualified as a felony or not. This is from the same website as the link you gave.

So according to the link you gave, the McMichael's seem to be guilty of False Imprisonment AND the CIVIL ramifications of False Arrest. (what the exact page you linked is talking about.)

Meaning, the McMichael's are criminally liable for False Imprisonment AS WELL AS civilly liable for False Arrest.

It's not an either or situation. They are not mutually exclusive.

FROM the SAME WEBSITE YOU LINKED. Shows what they did was a FELONY.

https://www.robertnkatz.com/georgia-claims-for-false-imprisonment.html

What is False Imprisonment?

False imprisonment is the unlawful restraint of a person’s liberty or freedom without his or her consent or any legal justification. It may be committed by words, acts, or both. Physical violence is not necessary for an act to qualify as false imprisonment. The two essential elements of a false imprisonment claim are:

1. Intentional detention or restraint of a person against his or her will
2. Unlawfulness of the detention or restraint

To qualify as false imprisonment, the detention must involve actual force, like grabbing, holding, or manhandling, or the threat of force or harm. A threat of force must be such that any reasonable person would believe they could be hurt if they attempted to leave the area. In some cases, the threat of harm isn’t to the person, but rather to property or reputation, so long as the harm is threatened for the near future and there is no easy or apparent means for one to escape the harm.

False Imprisonment versus False Arrest

The terms false imprisonment and false arrest are sometimes used interchangeably. In fact, false arrest is a form of false imprisonment with particular elements. Namely, false imprisonment can be committed by anyone, but false arrest usually involves a legal authority. For more on false arrest, please see our page discussing civil actions for false arrest in Georgia.

The penalty for being convicted of false imprisonment in Georgia is confinement for at least one year but less than ten years, and the conviction will be deemed a FELONY. A suspect could also be subject to fines as well.

No, they are not guilty of false imprisonment. They did not detain Arbery in a bounded area. I already explicated this with specific references to the statutes in an earlier post, and cited the exact law they violated.

 

[Hog-train]

No, they are not guilty of false imprisonment. They did not detain Arbery in a bounded area. I already explicated this with specific references to the statutes in an earlier post, and cited the exact law they violated.

From your link:

"A threat of force must be such that any reasonable person would believe they could be hurt if they attempted to leave the area."

The McMichael's chased Arbery for over 4 minutes before the confrontation with guns. Then they set up a roadblock. So that seems to me it qualifies. Arbery could not have been able to run away if they were intent on harming him due to their close physical proximity and guns. Thus the whole self defense from Arbery doesn't fly at all.

 

[DeJulez]

No, they are not guilty of false imprisonment. They did not detain Arbery in a bounded area. I already explicated this with specific references to the statutes in an earlier post, and cited the exact law they violated.

No explanation of the law is gonna get your boys out of jail.

 

[Madmick]

From your link:

"A threat of force must be such that any reasonable person would believe they could be hurt if they attempted to leave the area."

The McMichael's chased Arbery for over 4 minutes before the confrontation with guns. Then they set up a roadblock. So that seems to me it qualifies. Arbery could not have been able to run away if they were intent on harming him due to their close physical proximity and guns. Thus the whole self defense from Arbery doesn't fly at all.

It doesn't, and it's irritating that I have to explain these things more than once. They law they broke was § 51-7-4.

Here is the post where I pointed this out:
https://forums.sherdog.com/posts/160294181/
A public road is not a bounded area. For them to have falsely imprisoned him they would have had to detain him in a room, for example. He wasn't confined. He wasn't "imprisoned".

No explanation of the law is gonna get your boys out of jail.

Indeed. I understand you don't care about the law. The prosecutors went straight to aggravated assault and homicide charges. This case is being tried in the court of public outrage. It's unfortunate, but that's how the powerful appease the hordes they control.

 

[RoosterHucklebuck]

The only thing that really matters is there was no legal justification to be harassing and stalking another citizen with weapons drawn. No matter what he was doing, he was being harassed and stalked by strangers with guns drawn. He was right to fear for his life and he was right to defend himself.

So you agree that the media lied to make the story sound more interesting?

 

[Hog-train]

It doesn't, and it's irritating that I have to explain these things more than once. They law they broke was § 51-7-4.

Here is the post where I pointed this out:
https://forums.sherdog.com/posts/160294181/
A public road is not a bounded area. For them to have falsely imprisoned him they would have had to detain him in a room, for example. He wasn't confined. He wasn't "imprisoned".

Again from the exact link you just gave and what you copied and pasted.

False Imprisonment
False imprisonment is the unlawful confinement to a bounded area of one person by another for any length of time whereby he or she is deprived of his or her liberty. Actual physical restraint is not necessary for the tort to occur. If the person reasonably believes that he or she is not free to leave, then a false imprisonment has occurred.

That includes showing that the accused had the intent to confine the victim and that there were no reasonable means of escape.

The fact that they chased him, set up a roadblock AND had guns, it is super EASY to establish Arbery reasonably believed he was not free to leave and had no means of escape because they could have just shot him at close range.

No where does it say the bounded area has to be an actual physical bounded area. People surrounding you with guns is a bounded area and it doesn't matter where the actual location is. Whether public or private property.

IN ADDITION

Any death in the commission of a misdemeanor means at the very least a manslaughter charge by law. So even if your claim that it's just a misdemeanor false arrest on the part of the McMichaels, then it is still mansalughter.

You had previously said the McMichael's could have a self defense claim because they were backpedaling as Arbery approached.

I literally showed you a screenshot where McMichael is CLEARLY going toward Arbery. Directly refuting your claim. You never replied to that.

Here is the screenshot again.

 

[Final Say]

So you agree that the media lied to make the story sound more interesting?

I’m not sure where you got the idea that I agreed to this or even spoke on that topic.

A man was shot and killed in the street for no reason and that’s what you’re worried about?

 

[vengeful]

It doesn't, and it's irritating that I have to explain these things more than once. They law they broke was § 51-7-4.

Here is the post where I pointed this out:
https://forums.sherdog.com/posts/160294181/
A public road is not a bounded area. For them to have falsely imprisoned him they would have had to detain him in a room, for example. He wasn't confined. He wasn't "imprisoned".


Indeed. I understand you don't care about the law. The prosecutors went straight to aggravated assault and homicide charges. This case is being tried in the court of public outrage. It's unfortunate, but that's how the powerful appease the hordes they control.

You're incorrect. The prosecutors went for aggravated assault and felony murder charges because that's what it was. The case will be tried in a court of law as it should be.

• (a) A person commits the offense of aggravated assault when he or she assaults:
  
  
  • (1) With intent to murder, to rape, or to rob;
    
    
  • (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
    
    
  • (3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
    
    
  • (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
    

This is the actual law in regards to aggravated assault in Georgia. Blocking the road while brandishing a shotgun at an individual fits the definition of (2) and I really don't see how you could argue against that.

 

[Limbo Pete]

You're incorrect. The prosecutors went for aggravated assault and felony murder charges because that's what it was. The case will be tried in a court of law as it should be.



This is the actual law in regards to aggravated assault in Georgia. Blocking the road while brandishing a shotgun at an individual fits the definition of (2) and I really don't see how you could argue against that.

Yeah, still wondering how chasing someone with a weapon doesn't qualify as an offensive use of the weapon lol
Some absolutely herculean gymnastics afoot in this thread

 

[A Lurker]

Yeah, still wondering how chasing someone with a weapon doesn't qualify as an offensive use of the weapon lol
Some absolutely herculean gymnastics afoot in this thread

Its an odd hill to die on, ill give them that.

 

[Hog-train]

Yeah, still wondering how chasing someone with a weapon doesn't qualify as an offensive use of the weapon lol
Some absolutely herculean gymnastics afoot in this thread

Its an odd hill to die on, ill give them that.

The people defending the McMichaels are not arguing in good faith.

Instead of objectively looking at the evidence, they have an emotional desire to see them exonerated. So they just fling whatever shit they can to obscure and make excuses hoping something will stick. Crazy mental gymnastics.

I wonder why...

 

[BEER]

It doesn't, and it's irritating that I have to explain these things more than once. They law they broke was § 51-7-4.

Here is the post where I pointed this out:
https://forums.sherdog.com/posts/160294181/
A public road is not a bounded area. For them to have falsely imprisoned him they would have had to detain him in a room, for example. He wasn't confined. He wasn't "imprisoned".

"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."

-https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-41.html

Criminal Attempt: "Attempt is defined as an inchoate crime where an individual, with the intent to actually commit a crime, undertakes an action in furtherance of that crime, but ultimately fails. Attempt is therefore comprised of three elements: (1) intent to commit a crime; (2) conduct that constitutes a substantial step toward completing the crime and (3) a failure to complete the crime."

-https://www.justia.com/criminal/offenses/inchoate-crimes/attempt/

So, to summarize:

They intended to, attempted, and failed to illegally arrest/detain Arbery.

Therefore they can be charged with "Attempted False Imprisonment". Still a felony, during which someone died. Felony Murder.

I'm sorry I have to keep explaining this to you.

 

[deltapapha]

The people defending the McMichaels are not arguing in good faith.

Instead of objectively looking at the evidence, they have an emotional desire to see them exonerated. So they just fling whatever shit they can to obscure and make excuses hoping something will stick. Crazy mental gymnastics.

I wonder why...

Hell let's just shut down the thread then.

 

[PolishHeadlock2]

Yeah, still wondering how chasing someone with a weapon doesn't qualify as an offensive use of the weapon lol
Some absolutely herculean gymnastics afoot in this thread

They needed at least 2 more trucks with armed men to really create a "bounded area"....

 

[BEER]

They needed at least 2 more trucks with armed men to really create a "bounded area"....

I think you're underestimating bud.

I think they needed a construction crew to build a room around Arbery so they can catch him trespassing in a "bounded area" to really put mud in the water when they murder him.

 

[ryan3434]

Hi mods
phoenixikki said: ↑
Hey sherbro could you please ask why have I been banned from the Ahmaud Arbery Thread on the same thread?
I didn't break any rules, I wasn't disrespecful towards any poster.

Thanks in advance

 

[BEER]

Hi mods
phoenixikki said: ↑
Hey sherbro could you please ask why have I been banned from the Ahmaud Arbery Thread on the same thread?
I didn't break any rules, I wasn't disrespecful towards any poster.

Thanks in advance

It'll be helpful to tag mods who have been active ITT.

@Madmick and @computer fogie

 

[vengeful]

Anyone know why Arbery was arrested for stealing a TV at Walmart, last I checked you actually have to leave the store with a product without paying for it..... In the video he seems to say the TV was still in the store.

Was this just an arrest or was he convicted as well?