"The River Bowl" Deweyville vs Evadale Friday

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    • My understanding is that the father told the police in a statement that they were trying to make a citizen’s arrest. I’m curious if that was their intent that day or just a defense he came up with after the fact. Regardless, I don’t believe that they were able to relay their intentions to Mr Arbery before the struggle over the gun commenced.  On the same note, he has a lot more experience with the nuances of a citizens arrest after operating with his peace officer’s certification being expired for years, lol. 
    • I brought that up in another forum almost from the start. I believe they made sworn statements to the police to that effect or at least the way it was portrayed in the media. IF SO, they might have cut their own throats. The retired cop isn’t a anymore. 
    • And..... Even if such a sign existed, that is not evidence of trespassing. A no trespassing sign doesn’t give even the police the authority to arrest. Maybe your cousin is on your property with permission. That doesn’t give police probable cause that s crime has been committed and arrest him. It means that an officer can detain to investigate (under Terry v. Ohio). Citizens generally don’t have the authority to detain and investigate. To try and do do in Texas might be Unlawful Restraint and up to a year in jail with no weapon displayed. Display a deadly weapon and again, we go into possibly Aggravated Assault.    
    • Was an arrest ever made bay the McMichaels? According to the police report I have read many times now, McMichaels claims they told Arbery, “Stop stop, we want to talk to you.” A conversation is not an arrest, and an unarmed citizen is under no legal obligation to stop and “talk” to other armed citizens who are blocking his path. Furthermore, by trying to stop him for questioning Instead of arresting Arbery is an illegal detainment. Arbery was under no obligation to stop and talk to 2 armed men in the street trying to detain him for questioning.  In fact, stating an intention to question a Arbery might be used as evidence that the individual claiming a right to make a citizen’s arrest is “uncertain and did not have immediate knowledge” that the victim had been the perpetrator of the alleged crime which would dismiss the McMichaels right to make a citizen’s arrest. 
    • I don’t think it matters if they pointed it. Again using Texas, to display a deadly weapon and make a threat Is up to 20 years unless justified under self defense. It never mentions pointing, only displaying. If s person pulls out s pistol and says I am about to kill you, that is Aggravated Assault,. Pointing doesn’t matter.   Also exposing a deadly weapon calculated to alarm is a crime. I imagine that the shooter didn’t jump out and say have a nice day. He pulled s shotgun with intent to get Arbery to stop by scaring him. That is the definition or meaning of calculated to alarm. Basically it is s terroristic threat without having to make the threat. If GA has any laws similar to Texas on displaying firearms AND these guys had no justification to pull a firearm for a non violent misdemeanor arrest, they sure look guilty of murder to me. For now I will defer to the state attorney who knows the law. I realize that it could be political however if is as have explained in Texas or similar, they are in serous trouble.  There is no federal court case law of a constitutional right to display a shotgun in public. You could make an emotional appeal however try to find a court ruling. I am not sure where you think an officer can draw a weapon on a Misdemeanor arrest. There has to be justification and running isn’t generally one of them. 
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