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Is defending yourself really that bad?

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RighteousnessTemperance&

Well-Known Member
I didn't see where anyone posted this, so thought it fair to let the DA explain why his answer to the OP is no. See the link, but here's an excerpt from an open letter (edit: not "open letter" but "open file," meaning not for release at the time) as to why he didn't file charges.


Fifth: The video made by William Bryan clearly shows the shooting in real time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appears Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The 1st shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became—a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

https://int.nyt.com/data/documenthe...52fa09cdc974b970b79/optimized/full.pdf#page=1


 

Adonia

Well-Known Member
Site Supporter
I didn't see where anyone posted this, so thought it fair to let the DA explain why his answer to the OP is no. See the link, but here's an excerpt from an open letter (edit: not "open letter" but "open file," meaning not for release at the time) as to why he didn't file charges.


Fifth: The video made by William Bryan clearly shows the shooting in real time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appears Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The 1st shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became—a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

https://int.nyt.com/data/documenthe...52fa09cdc974b970b79/optimized/full.pdf#page=1



Watch for the prosecutor to put out the theory that Arbury was acting in self-defense when he went after Baby Bubba and tried to get the shotgun away from him. If it had been me, I would have ran as fast as I could in the opposite direction AWAY from the armed individuals.
 

canadyjd

Well-Known Member
I didn't see where anyone posted this, so thought it fair to let the DA explain why his answer to the OP is no. See the link, but here's an excerpt from an open letter (edit: not "open letter" but "open file," meaning not for release at the time) as to why he didn't file charges.


Fifth: The video made by William Bryan clearly shows the shooting in real time. From said video it appears Ahmaud Arbery was running along the right side of the McMichael truck then abruptly turns 90 degrees to the left and attacks Travis McMichael who was standing at the front left corner of the truck. A brief skirmish ensues in which it appears Arbery strikes McMichael and appears to grab the shotgun and pull it from McMichael. The 1st shot is through Arbery’s right hand palm which is consistent with him grabbing and pulling the shotgun at the barrel tip, the 2nd and 3rd wounds are consistent with the struggle for the shotgun as depicted in the video, the angle of the 2nd shot with the rear of the buttstock being pushed away and down from the fight are also consistent with the upward angle of blood plume shown in the video and that McMichael was attempting to push the gun away from Arbery while Arbery was pulling it toward himself. The 3rd shot too appears to be in a struggle over the gun. The angle of the shots and the video show this was from the beginning or almost immediately became—a fight over the shotgun. Given the fact Arbery initiated the fight, at the point Arbery grabbed the shotgun, under Georgia Law, McMichael was allowed to use deadly force to protect himself. Just as importantly, while we know McMichael had his finger on the trigger, we do not know who caused the firings. Arbery would only had to pull the shotgun approximately 1/16th to 1/8th of one inch to fire the weapon himself and in the height of an altercation this is entirely possible. Arbery’s mental health records & prior convictions help explain his apparent aggressive nature and his possible thought pattern to attack an armed man.

https://int.nyt.com/data/documenthe...52fa09cdc974b970b79/optimized/full.pdf#page=1
From the letter. This DA claims the father/son and person video taping had first hand knowledge of burglary (felony) and were in “hot pursuit” of suspect with full protection under Georgia law for citizens arrest.

This appears to me to be inconsistent with reported facts. One article stated the father witnessed a black man running on the street. He recognized him as someone he had seen several days earlier and thought he was suspicious. He called his son, advising him he saw the man running in the street. They got their guns and chased him down.

Seeing a man running down the street does not equal first hand witness/knowledge of a felony crime. In fact, no felony crime has been identified as being committed by AA, prior to altercation with son.

Concerning the shooting, this DA does not mention the father/son had attempted to block the man’s path with the truck several times. He does not mention the father was in the back with a handgun. He did not mention the son had just cut the man off once again and exited the truck with the shotgun, but rather says the son was “standing at the front” of the truck when he was attacked. IMO, that is not an accurate portrayal of the situation, based on other articles written.

A big part of this case will be what did the father/son know when they began the chase. Did they really have, as this DA claimed, ample probable cause to believe a felony had been committed and this man committed it.

If it turns out that this DA deliberately misled the incoming DA concerning the facts of this case, it will not be good for him or the father/ son.

peace to you
 

canadyjd

Well-Known Member
Watch for the prosecutor to put out the theory that Arbury was acting in self-defense when he went after Baby Bubba and tried to get the shotgun away from him. If it had been me, I would have ran as fast as I could in the opposite direction AWAY from the armed individuals.
I thought that at first too. After thinking about it, though, it appears he attempted to run away. They chased him in a truck, blocking his path several times. He was probably getting tired by the last time they cut him off.

He knows the father is in the back with a handgun, the son gets out with a shotgun. He views the shotgun as a bigger threat and makes a run at the son.

Yes, I believe the prosecutor will claim father/son had no cause for pursuit/arrest and AA was acting in self-defense when he went for the shotgun.

As I said, what the father/son knew when they started pursuit will be key.

peace to you
 
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