The Facts
1 In the months prior to the shooting a black man was caught on security camera trespassing on a home under construction in Brunswick GA and the homeowner reported it to the local police. This happened multiple times including less than 2 weeks prior to the shooting. Source Source 2 Mr Greg McMichaels is a retired officer of local police and still had many contacts in the local police force. 3 Mr McMichaels' son Travis who lives nearby had his gun stolen from his truck in the weeks prior to the shooting. Source 4 On Feb 23 Mr Arbery was walking down the street, looked around and then quickly entered the previously trespassed home under the final phase construction for unknown reasons. Source 5 A nieghbor calls 911 to report the suspicious person and while on the phone Arbery see he is being observed and runs away. Source 6 Within minutes Mr Mcmichael and his son Travis who live nearby hear of the crime and while armed end up cutting off the path of Arbery.
7 They call 911 reporting that they see Arbery running toward them. Source 8 Travis McMichael who is armed approaches Arbery as he is running away and Arbery changes path and attacks Travis. Source 9 Arbery attempts to get get control of Travis gun and is shot and killed. Source
Other Facts
Citizens Arrest Statute for Georgia: A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. Source
Possible Crimes (Per Georgia Law)
Murder: Georgia does not classify murder as first-degree ("cold-blooded" killings) and second- degree (reckless disregard for human life). In Georgia, any killing with malice or a killing without provocation is murder. Murder involves what is called "malice aforethought" which means that the act of killing was intentional. Source
Voluntary Manslaughter: Voluntary manslaughter occurs when a person intentionally kills another person "in the heat of passion." Ordinarily this would be considered murder, but because the killing is committed in response to a provocation, the criminal charges are reduced from murder to voluntary manslaughter. Source
Involuntary Manslaughter: Is when a person kills someone doing something legal in an illegal way. It's a death that results due to an act of recklessness or criminal negligence. It often occurs when a person commits a misdemeanor or low-level felony such as a driving under the influence (DUI) offense. The driver never intended to kill someone, but the illegal behavior of driving under the influence was the cause. Unlike a murder charge, involuntary manslaughter means that a person had no intention of killing another person, but due to their careless actions caused the death of a human being. Source
Felony Murder: A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice. Source
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