What law would a person be charged with violating for standing in a street with a gun in hand (not pointing at anybody)?
Georgia shooting of a black man
- Thread starter Variable
- Start date
- Replies 1,192
- Views 39,844
Really dude? Again, two guys in a truck are following you. They go around you. Stop in the middle of the road. Get out with a shotgun and try to detain you. What law says that's legal?
Common sense and the fact that Georgia has a citizen's arrest law do not appear to be in sync.
Yes, really, dude. Georgia has a citizen's arrest law, which is largely alien to the knowledge and experience of people in many states.
the fact that some of yall are trying to converse in good faith with some of the other members of this forum give them way too much credit & you're simply giving weight & validity to disgusting people who don't mind seeing a black man gunned down in cold blood by some good old boys. Call a spade a spade and stop softballing.
It also appears that the fact that the GA law concerning citizens arrest being inapplicable to this case is also lost on some folks here. It seems suspicion and knowledge are equivalent in terms of certainty to a few people here.
I'm amazed that anyone would think that this could even remotely be ok. It seems to me that a lot of guys here think that you can be the aggressor in a situation and claim self defense if you then shoot someone. A lot of y'all are giving gun owners a very bad reputation defending these idiots.
Aardvark
Identifies as okie-dokie
I'm trying to figure out what legally happened without bringing assumptions, prejudices and hotheadness into it.
But they didn't actually see him commit a crime. If I see you walking down the street in GA and think you look like somebody that committed a crime you would be ok with me trying to detain you at gunpoint? I don't think so.
Without a badge or a uniform it gets murky. Shows the problems with that law. Be careful the slippery slope this could lead too as other people from all walks of life take it upon themselves to start exercising this law. Things will look and be received differently when everyone starts exercising their rights.
Sent from my SM-N960U using Tapatalk
Last edited:
It looked to me like you were trying to put words in my mouth, if I misunderstood you that's on me.
The legality concerning citizens arrest is clear cut, suspicion isn't knowledge, and with that out of the way, this is murder.
Yeah, what if a couple of black guys see a white guy walking in their neighborhood and say, "That dude looks like he just committed a crime, let's get him." The same folks here defending these idiots would demand that the black guys be hung.
MacEntyre
Shoot on Sight!
2A Bourbon Hound OG
Charter Member
Benefactor
Life Member
Multi-Factor Enabled
No, I think the Ware County GA DA is wrong... Pops was only engaged in a citizens' arrest because he claims he was engaged in a citizens' arrest. There is no evidence that the dead fella committed a crime, other than Pops claim.
Not trying to tell the dead guy anything. He chose his plan. All we can do is learn from it.
Black man, white man doesn’t really seem to matter to me. It’s the blued shotgun barrel I’m thinking about.
If there was no attack before the shot than you are correct. But it the attack happened before any pointing or talking. Then I may have shot also.
I’m talking first unless things go south in a hurry.
oh thered be more than a few idiots in this thread gassing up their own trucks, pulling out the white hoods & going to do the hanging themselves, no "facts" or "wait and see" needed
Last edited:
All the way back to Judge Judy's But For defense....But For them chasing him...…..
The citizen's arrest element is really the central point of contention in this case.
I would be hard pressed to imagine any argument that the father and son's actions were sensible or righteous in any way.
As ill-advised as it may be, Georgia has a statute that lets citizens effectively take the law into their own hands. Full-time, trained, professional law enforcement officers have enough difficulty properly performing their jobs, without inviting every uninformed yahoo around to try to enforce their views of the law.
Both of you are mistaken.
Without seeing the actual statute, I wouldn’t think that the right to make a citizens arrest would eliminate the citizens responsibility for their actions during the “citizens arrest”. Now I don’t think the statute is in question at this point, I think it has been established that these guys were not actually even in compliance with that particular statute, so it should be a moot point anyway, but even if they had seen the gentleman actually commit a crime, I don’t think looking at the video and from the story as it has been presented so far that even IF they were in compliance with Georgia’s “citizen arrest” law that this homicide would be considered justified.
Nope, but you cant claim self defense if you confronted me with the gun. That's CHP 101 discussed in the course.
Sent from my SM-N960U using Tapatalk
Aardvark
Identifies as okie-dokie
Being this is a long-gun, I don't think "drawn" figures in. Maybe pointed or not pointed does. Where I'm standing possibly does. Being "positive" about "intentions" seems to be figuring heavily into this discussion also, honestly on the part of both parties, but I don't know where it figures into the applicable law.
See my post about "assumptions" and "hotheadedness". ...And, In my book, sometimes there is a tactical possibility that lies between "run" and "charge an armed man".
Which he may have felt. We do not know what his life experiences were or how he was seeing that whole event go down. I'd honestly presume the worst these days.
Sent from my SM-N960U using Tapatalk
Do you make a habit out of carrying a long gun out of your truck just to talk to someone on the street? If you cut someone off in traffic and they got out with a long gun to "talk" about it would you feel threatened?
As far as whether Georgia's citizen's arrest law is applicable, I am not an expert on that law, nor do I imagine that anyone on CFF is such an expert.
However, when a nationally-known defense lawyer like Andrew Branca says the case may hinge on the technicalities of the state law and a DA in Georgia says the law applies, I tend to place more weight on what the legal experts say.
Last edited:
Correct, a gun in hand is not the same as open carry.
Sent from my SM-N960U using Tapatalk
Aardvark
Identifies as okie-dokie
That's something I've not been clear on... I was told in CHP101 that if I'm armed, and physically attacked, "it's a gunfight" "for control of the gun". I should have asked for clarification. It did not seem like shooting someone just because they're determined to whoop my butt while I'm carrying seemed likely to be OK.
You really should pay more attention to what they say, because the DA stated that their intent fell under the law based on appearances, not that the outcome fell under the law. There's a major difference, but I'm not a legal expert, just able to read.
Last edited:
Brandishing and possibly aggravated assault in the way that they did it.
Sent from my SM-N960U using Tapatalk
Things went south in a hurry based on the video. He was shot right after coming around the truck which tells me the gun was pointed.
Sent from my SM-N960U using Tapatalk
Aardvark
Identifies as okie-dokie
No. But if GA law allows for "Citizens Arrest", can one be armed while applying it? I don't know. That might be different. I/we can disagree with the GA law, but accusing people of racism and stupidity for not believing it is the way you are positive it OUGHT to be is not helpful.
Yes. I would feel threatened. Then I would decide between: "run", "apologize, or "charge the man with the gun". My choice, but I'm not so sure the wisdom of my decision, regardless of outcome, would be legally weighted by the skin color of the person I had cut off in traffic.
Last edited: