[Killgaad]

Oh, and lastly, I also believe they had no business stopping him or confronting him in any way, especially with guns or even purportedly trying to perform a 'citizen's arrest'—arrest him for what exactly? I, myself, have gone inside empty houses under construction if there were no posted signs prohibiting it—but you might say I'm white and it's not the same thing. Perhaps. But that actually means little, because you can be white and try to go jogging on the east side of Detroit late in the evening for example (no sane white person would ever do that) and let's see what happens in the hood to any white person foolish enough to do so, especially being the odd man (or woman) out. But these guys, if they had any concern that he was casing houses or something like that, they simply could have followed from a distance and waited for the police to come, and hopefully, nobody would have died that day.

[Killgaad]

I didn't see him rob anything—I saw him enter, then exit a house that appeared to be under construction, considering there was a portable toilet outside. At best, he would have been guilty of trespassing. He didn't carry anything with him from that house, so the accusation of robbery at that time is unfounded.

[Sinil]

Originally Posted by fapfapfap ↗

Kind of an interesting legal case, IMO.

It is indeed. The things I am having trouble with are the application of the use of force in GA.

Example: Here in TX you can use “Force” to restrain someone you witnessed attack, beat, mug, or strike in a criminal manner a victim. This is only true because here the law says if you can use force to defend yourself if you were in the victims shoes then you can use force to stop their attacker. This can include restraining the attacker until the police arrive (a variation of a citizens arrest). This can only be escalated to “Deadly Force” if the attacker is unarmed but bigger/stronger than you, is unarmed but out numbers you 2 to 1, or is armed with a deadly weapon.
Notice that here in Texas the use of force is primarily reserved for defense of a violent crime victim.

Separately you can only use force/deadly force to protect your property:

If you occupying the property and the trespasser is attempting to break into the OCCUPIED dwelling.

If the same scenario were to play out in my neighborhood, I would have (yes carried my Glock 31 holstered) called the non emergency number of the local PD. Explained that I was pretty sure the suspect was jogging through the neighborhood casing houses (maybe he was...he will now never be tried for it and will be forever innocent of that crime now that he is dead), then I would relay to the responding officer that I was following the individual. I may attempt to talk to the jogger before the police call. But if he doesn’t want to talk he has a right not to incriminate himself and that doesn’t make him guilty, so I would back off and give my evidence to the 50.
In Texas these guys broke a lot of gun laws. Since GA is a reciprocal Conceal Carry State, I am willing to bet the laws there are not that different. Which mean for these guys to use the self defense (stand your ground) statutes:
- They can’t start the altercation (Threat of deadly force to gain compliance is the start of altercation here) FAILED
- The jogger needs the means (a gun), opportunity (access/clear shot/line of sight to father and son), and MOTIVE (you have to prove he was about to try and kill you with his weapon). FAILED, because the previous point was failed as well, grabbing the shotgun will no longer work in their favor.


TLDR; You. can try to make citizen‘s arrests, sure. But simply saying “I am arresting you!” Doesn’t give you a free pass to use Force or, in this case, the threat of deadly force to gain compliance. Especially when there are no other factors that would allow the authorization of the use of force/deadly force.
If you gonna own a gun, use it to defend and not to force people to your will, and you should be safe.

[fapfapfap]

So this is the entirety of the Georgia citizens arrest law, as far as I can tell:

"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."

Burglary *may* be a felony. Trespassing is a misdemeanor.

IMO, if they saw him go into and come out of that house, they witnessed him committing a misdemeanor, and the citizens arrest law may not apply whatsoever.

[wildaxboxer]

Being a lazy bastard...i by passed all 19 pages, so does anybody actually know the full story yet, apart for the 2 red necks still living in the 60s...of course i am speculating to them being red necks

[cujemi55]

damn joggers

[joos]

Has anyone questioned why the person filming with their cell in hand was filming with their cell in hand while driving even before the guy 'jogging' showed up in view? ...or in conjunction of why they were clearly waiting for him, and knew he was coming?

There is a lot missing from this story. While the news and morons are out there doing a Treyvon Marton thing wearing white shirts and "jogging for Harambe" already, making it seem like 2 fat racist rednecks just were hunting this guy, there are huge gaps in logic here.

Based on history, I'm going to guess there's a good chance this guy was doing something wrong prior that prompted it...and probably more than just going into an empty construction house.

[joos]

I also want to point out that this innocent jogger, who was just ambushed by two inbreds with guns, did not exactly act like he was ambushed by two inbred with guns...he didn't stop and have an "oh shit" moment or put his hands up or anything that a normal person surprised by two gunmen would do. He didn't lose his stride at all, and in fact, he kept "jogging" uninterrupted, changed to the side of the road where the truck was parked, jogged all the way around the other side, looping around to go at the guy with the shotgun.

Yeah, there is something majorly fishy about this supposedly innocent guy. I wouldn't be shocked to find out he was on PCP or some shit. This was not a rational innocent jogger being ambushed by two cold blooded murderers.

[Bohemond]

The media is intentionally misleading people over this its like living in the Truman Show.

[b1llygo4t]

Originally Posted by fapfapfap ↗

dafuq happened to this thread

An innocent black dude was gunned down in the street, so a couple racist white dudes bawed over it. Then everyone else was triggered (myself included) which isnt a bad thing

It's easy to face roll your keyboard on the internet. Cant really get away with being so blatantly racist in public so they huddle in forums on the internet.