There is no evidence that Arbery had already made a failed attempt to evade these people.
Except, as has been pointed out, the very statements made by the killers.
It is extremely important to observe the available videos.
No-one was following the jogger immediately before and after he left the construction site. No-one approached him before and after he exited the building.
There is no footage of the McMichaels near the construction site before or after Arbery entered and left the building.
They did, however accost him at least once before the final encounter, and he was pursued into the roadblock by the guy who took the video of the killing. A confederate (no pun intended) of theirs.
In the totality of the circumstances, a jury will understand the intentions of the armed roadblock quite well. A reasonable person in Mr. Arbery's situation would be intimidated by this display of firearms, and clearly this is the intention of the men trying to force him to stop.
https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-20/
[/QUOTE]
So you agree that the killers, while under arms, confronted Arbery with the express intent of intimidating him.
Why do you think they had a legal right to do that? Because they
thought he
might have been a trespasser? Yeah, no. That is insufficient cause to assault someone, and any rational person will understand that confronting someone while armed,
with the express intent of intimidating them, is assault. Pure and simple.
Armed assault. A felony. And they killed him while engaged in this felony.
Felony murder.
I really don't understand what is so complicated about this. The sequence of events is described by the killers' own testimony. The facts of the event are irrefutable. Everything else is people trying to justify their own prejudices against a minority.
Unfortunately for Arbery, he didn't intimidate all that well. This is why bullies should not be allowed to wander around with firearms.
If they had been unarmed the three of them probably would have run away in panic from the big, scary, black dude.
And then told all their buddies how threatened they had been.