smartcooky
Penultimate Amazing
Roddy admitted to trying to and actually running Arbery off the road. That's going to be assault and false imprisonment and probably felony murder unless he can establish a citizen's arrest angle. Roddy will probably follow that defense I posted above. He saw a guy matching a known suspicious character being chased by his neighbors, including a former police officer. He believed they had caught him committing a crime, so he joined the chase. It is a bit sketchy to base a probable suspicion on just a neighbor saying that they are chasing a bad guy, but jurors may consider the weight of the charges in what would otherwise probably be a rather minor offense if Travis hadn't pulled the trigger. If they find him guilty on the minor charges, then it is difficult to not also find him guilty felony murder. Some may feel that is too much. Some jurors may also feel that Roddy was doing what he thought was the right thing to protect the community. He might get off.
Greg's big problem is the "blow your head off" comment. He could distance himself from Travis. Greg wasn't driving the truck. Without that statement, he could say his intent was simply to follow Arbery and ask him to stop so they could talk to him. Nothing illegal about that. What Travis did with the truck and the gun were his own decisions. But that comment turns it into assault (although perhaps not at a felony level) but also very likely false imprisonment.
Travis is doomed. He had no legal reason to do any of this. Although not technically legally relevant, the jurors are going to think about what he could have done different. Did he have to pull the trigger? Did he have to get out of the truck with the shotgun? They had eventually called the cops. Arbery was on foot and they had two trucks that could follow him around. The jurors are not going to like that. He may well get off on malice murder (I not sure there is a strong case for that) but I don't see him getting out of felony murder.
What I find extraordinary is that Bryant didn't just make a deal to throw the McMichaelses under the bus. He could have come at it from the angle that he knew his neighbour was an ex-cop, therefore thought it was reasonable for him to assume what they were doing was legal, if Greg McMichaels said so.
Also, I can't see how the defence that they were trying make a citizen's arrest can possibly succeed or even be allowed as an affirmative defence.
Georgia Code § 17-4-60
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
The thing is, the ONLY thing that Arbery had been doing was trespassing (no different to what plenty of other people had done in the weeks beforehand). Trespass in this situation, under Georgia Law is a misdemeanour, not a felony. The law is very clear about this - the suspect must be committing, or have committed a felony in order to justify pursuit and citizens arrest, and certainly not pursing the suspect with SUV's and committing vehicular assault.
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