The wrong way to do a citizens arrest [Georgia]

[BehindBlueI's]

Well the father knew this individual from his prior police work, and they had seen this individual committing felony level robbery from security cameras throughout the weeks.

I'm not sure of the detective's exact words, just that he advised them to do a citizens arrest then call the police.

First I've heard he was a robbery suspect. I'd suggest taking a look at the transcripts of the interviews. There's no allegation of robbery. Trespass is the best they have even reasonable suspicion for. Even theft is shot in the back side with the statement:

"“I don’t know the guy has actually stolen anything out of there,” he told Marcy at the police station. “But he keeps going back there over and over again.”"

Allegation of burglary and theft (by the way, as mentioned earlier in the thread only a gun stolen from a truck of one of the involved trio was reported as a burglary in the neighborhood) are not supported by RS or PC.

"
McMichael told the detective there had been “numerous” break-ins and entering autos, and referred to Arbery as a “prime suspect,” during his interview.

“Logic tells you that this guy may be the one that’s doing it,”

Again, not reasonable suspicion or probable cause. What evidence is present that he "may be the one"? None. Certainly not reasonable suspicion or probable cause.


I'd also suggest looking at the transcripts for the part about citizen's arrest being advised by a police officer. Robert Rash sent a text message to the owner of the construction site to call a retired cop in the area (one of the now convicted Murderers).

“Actually, the text was for Greg McMichael, not for Travis,” Rash added, noting that the former had “training and knowledge as a retired officer, retired investigator to be a witness to call 911 to tell us what he saw and direct us where we needed to go.”

On a side note, even though it wasn't admitted in trial, it's not a good idea to use racial slurs over the corpse of someone you just shot nor use them in social media and text messages both before and after.

Jury got it right.

 

[JeepHammer]

It's my understanding the citizens arrest law has been repealed because of this, and like misuse of the law.
According to the stuff published, there were 134 cases where the citizens arrest went wrong in the last 3 years, this incident being the icing on the cake.

Another 'News' outlet is reporting the burglaries went on for 8 months after the victim was murdered, have now stopped after 3 young men from the neighborhood were arrested on drug & stolen property charges.

While police are sure they got the burglars, no burglary charges since no witnesses to the burglaries.

While juries can be deceived, even the shooter in this case admitted he wasn't threatened in the slightest,
His own words nailed his conviction down.

I don't always agree with the jury, but in this case I do...
And no matter if I agree or not, it's legally binding from the Constitution down, so I accept what the jury decides,
Even if I complain about it later...

Residents of the neighborhood are complaining that property values have dropped nearly 40% since this happened.
A long string of burglaries, murder, drugs, national attention, investigations from all directions and an ongoing media presence cited as the reason for the drop in value.

Kinda sucks for the neighbors...

 

[BehindBlueI's]

It's my understanding the citizens arrest law has been repealed because of this, and like misuse of the law.
According to the stuff published, there were 134 cases where the citizens arrest went wrong in the last 3 years, this incident being the icing on the cake.

It was repealed, but it was replaced with a new version so they didn't eliminate citizen's arrest as the headline version may lead you to believe. It still preserves shopkeeper's rights, for example, the law that allows detention of shoplifters, etc.

 

[JeepHammer]

It was repealed, but it was replaced with a new version so they didn't eliminate citizen's arrest as the headline version may lead you to believe. It still preserves shopkeeper's rights, for example, the law that allows detention of shoplifters, etc.

That would be direct witnessed CRIMES,
Not an 'Idea' *this* guy or *that* guy "Might" have done something, somewhere, some time, but you didn't actually see any criminal activity...

I'd call that a 'Common Sense' approach for a change...

Not like in Texas where home/property owners can shoot a drunk taking a leak on a fence post in the middle of nowhere,
Or shoot school kid trick-or-treaters that try and knock on doors because they are on the property after dark,
And let's not forget shooting lost hikers...
(All actual cases from Texas)

And get away with it!

I've had actual burglaries here, caught the idiots in the act one time,
And just called law enforcement, showed the video footage, and they got arrested...
No need for shooting even though they didn't hang around when caught.
I could clearly identify them, had video, let law enforcement deal with the rest...

But then again, 16 years in the Marines,
Not a scared bunny,
Don't suffer from "Rambo-itis",
No NEED to shoot anyone over a broken lock & bent door, even if they made threats (while running away)...

Idiots?
YES they were! No question.

Need to be executed for some 'Stuff'?
I'd have to ask if you would shoot your own, or neighbors kids over 'Stuff', since these were someone's kids...

I was armed when I confronted them, but harsh words (threats) are a LONG WAY from actual violence...
Then there is the question if I feel 'Threatened'
(Not just violated or disrespected, etc.)

Nope.
Can't shoot unless you feel your life (or someone else's life) is in danger.

Plus, I can't lie, I take an oath to tell the truth seriously...
Not a narcissist or sociopath that will say anything to get themselves what they WANT, or get out of trouble.

All of this concludes with I didn't kill anyone, didn't wind up on trial for murder, and didn't wind up in the situation these three did...

Chasing down someone 'Different' they *Thought, Possibly, Might* be someone involved in burglaries.
I caught the ones here red handed, still didn't feel the need to chase or shoot...

I know it takes all kinds to make up the world,
I'm just wondering about some of the judgment calls those kinds make, and why they make them...

 

[KG1]

Nate the lawyer's rundown on the debate over the interpretation of the citizen's arrest code between the defense and the judge. It gives a pretty good insight. Worth a watch.

 

[MinuteManMike]

1: Dude was not a "jogger". He was a known scumbag and didn't belong in the neighborhood. The construction site video that the news looped of him for 10 seconds proves there's more to that video showing him doing something illegal, else they'd've released the entire video and said "SEE?????"

2: The local police shouldn't tell people to call non-cops for assistance and make them think they had the backing of the local PD.

3: That said, I would have stayed in the truck and just followed the criminal scumbag til the cops showed up.