I disagree on several points.
Yes you can sue for unlawful arrest.
I don’t that GA or any state laws allow bringing things like a confrontation with the police. Those types of evidence can normally only come out in a punishment phase of s trial and only after a conviction.
Arbery can’t claim self defense because he is dead but the DA will be able to bring up self defense laws. Even if Arbery has no right of self defense, that doesn’t negate murder. If you are in Walmart arguing with someone and he bops you in the nose, you would have a hard time claiming self defense by deadly force. A bloody nose doesn’t justify getting shot.
It doesn’t matter if he was jogging or fleeing. Neither justifies deadly force.
If the initial narrative was true (he was just out jogging) and these yayhoos tried to stop him on suspicions about past burglaries alone, they’d be guilty of murder in my book.
ALL of the evidence that indicates that Mr Arbery was repeatedly going into a dwelling that wasn’t his, and was literally being filmed by a man that had just watched him enter and flee the dwelling. Both of the other suspects made 911 phone calls in the minutes leading up to the shooting. The father was on the line when the shooting occurred.
Obviously all three of the men being held without bail at the moment believed that a crime had been committed based on their actions that day. I personally think that CA laws are stupid... Even if we sit back and say that based on all that we know now, Mr Arbery has not committed a crime prior to the attempted arrest, the men involved would still be justified in trying to stop Mr Arbery from fleeing.
Whenever a suspect is arrested and eventually has his/her charges dropped, he doesn’t get to file suit for unlawful arrest. The officer believed that a crime was committed, and in this case all three believed. It’s a stretch, I know.
At the end of the day, this case will be heard by a jury that will see videos of Mr Arbery in a house that he has no right to be in. They’ll hear of Mr Arbery’s previous theft-related arrest. I have no doubt that they will see the videos of prior confrontations with LEOs that we’ve seen lately. They’ll also watch the video of the final confrontation in which Mr Arbery initiated a life and death struggle over the shotgun.
Mr Arbery has no claim of self defense in my opinion. If I get stopped by loss prevention leaving Walmart and I slug him/her, I can’t claim self defense, even if it turns out that I owned what they thought I was stealing. Mr Arbery wasn’t jogging... he was fleeing. It’s obvious.