Okay... they can’t bring about prior arrest records and such of the defendant(s) as they’d be prejudicial towards them. In this case where we’re talking about the victim, it’s all fair game (as I understand it). In rape cases, they don’t wait until the punishment phase to sling mud at the accuser.
Has you or anybody you’ve worked with or trained with been sued for wrongful arrest after a person was found not guilty? Or by an arrestee who eventually had their charges dropped? If that was the case, you’d run out of enrollees at the academy.
I disagree with your “bop on the nose” scenario. What if I defend myself with a bat? Is that reasonable? Or am I, when criminally assaulted, only allowed to match my assailant’s weapon of choice? He hits me, I can hit him back. But I’d better not use a weapon. However, if my assailant pulls a weapon of his own, now I am willing to engage him with a like weapon, but if I have a bigger stick, or match his knife with my gun, I’ll face murder charges.
And I guarantee that if I bop a cop on the nose, I’d be lucky to get out with just a felony and not a couple of bullet wounds. You, as a police officer, have no more rights to defend yourself than do I.
Lastly... what is the generally accepted definition of deadly force? Do you believe that brandishing a weapon is considered deadly force, or does that come it when the weapon is used? Because my interpretation of deadly force would be when the weapon was actually used. In this case that didn’t happen until the struggle over the weapon... and in instance deadly force would be completely usable beyond question. Deadly force wasn’t used to stop anybody from jogging or fleeing. There was a mortal struggle initiated by the deceased when deadly force was used. Unless my definition is too restrictive. I think of that cop from SC that shot a man in the back from about 50 feet away on camera. He’s rightfully in jail now. There was a brief struggle and the victim made a break for it. He might have gotten the best of the officer in the struggle. It was just a traffic stop, nothing criminal if my memory is correct. THAT was wrong all of the way around.
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.