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Can someone explain the charges in the Ahmaud Arbery case Other Criminal Charges & Offenses

Discussion in 'Criminal Charges' started by riffwraith, Nov 23, 2021.

  1. riffwraith

    riffwraith Law Topic Starter Member

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    I dont get this.

    Count 1
    Malice murder

    Counts 2, 3, 4 AND 5
    Felony murder

    Count 6
    Aggravated assault

    Count 7
    Aggravated assault

    Count 8
    False imprisonment

    Count 9
    Criminal attempt to commit a felony




    Do all counts apply to ALL three defendants?

    If so, how are there two Aggravated assault counts?

    And if the jury comes back with guilty - let's say not on malice murder but felony murder, are they really going to put these men to death? Even William Bryan? He may not have been completely innocent here, but he was still in his truck when the struggle for the gun and the shooting took place. Are they potentially going to put him to death?
     
  2. zddoodah

    zddoodah Well-Known Member

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    It's worth pointing out that your link is behind a paywall. That's considered in appropirate at many sites.
     
  3. riffwraith

    riffwraith Law Topic Starter Member

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  4. army judge

    army judge Super Moderator

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    Here you go, Reuters has a decent explanation.

    Factbox: The charges in the Ahmaud Arbery case

    The AP has a decent summary:

    EXPLAINER: What are the charges in Ahmaud Arbery's killing? | AP News

    US News also has a decent summary:

    https://www.usnews.com/news/us/articles/2021-11-22/factbox-the-charges-in-the-ahmaud-arbery-case

    Our British cousins seem to understand, too:

    Ahmaud Arbery: What you need to know about the case
     
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  5. flyingron

    flyingron Well-Known Member

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    Each of the three defendents face all nine charges. You don't have to be the one to pull the trigger if you materially participated in the crime.

    The two different aggravated assaults apply to the two "weapons" involved, the gun and the truck.

    Malice murder carries the death penalty. Felony murder maxes out at life without parole.
     
  6. riffwraith

    riffwraith Law Topic Starter Member

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    From the article:

    Like malice murder, felony murder is punishable by death

    I hear what you are saying with

    You don't have to be the one to pull the trigger if you materially participated in the crime.

    I just think it extremely severe for what happened.
     
  7. army judge

    army judge Super Moderator

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    The lesson in this case is that if at all possible, don't deputize yourself to enforce our laws or attempt to pursue and arrest alleged wrongdoers.

    Texas has no provision under our laws for a citizen to arrest an alleged miscreant.

    I will end with my usual admonishment, it is best to avoid a self help remedy.

    Yes, we do have a RIGHT to keep and bear arms.

    That right very often ends up problematic for those who choose to stretch it into a self help activity.

    I am NOT saying a person need not exercise that right if her/his life is in jeopardy, or
    the life of another.

    I am saying, if you choose that course of action, you must be prepared for excessive amounts of blow back.

    THINK about what a criminal trial will cost your EVEN IF you prevail, before you pull that trigger.

    In fact, as a person who has pulled that trigger in combat many times, I had few choices.

    Choose wisely, make sure you don't insert yourself into dangerous situations.

    We were our own "911".

    You and I have access to "911" services all across this nation.

    Help is normally a few minutes away.

    Our governments employ law enforcement officials, firefighters, and medical personnel to respond rapidly if we are facing any emergency.

    Within minutes of that "911" call, help will arrive.

    If you do choose to exercise a self help remedy, make sure you are 200% right, or else you might rue your choice.
     
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  8. flyingron

    flyingron Well-Known Member

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    Oops you are right. Both carry the possibility of the death penalty. Of course the distinction is moot as the three were convicted of both. The jury must however determine unanimously that it is warranted.
     
    Last edited: Nov 24, 2021
  9. riffwraith

    riffwraith Law Topic Starter Member

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    Hopefully everyone learns this.

    I have a thought, and I do not know the answer here. I understand the premise behind you being the aggressor, and not being able to claim self-defense. However, Arbery went after McMichael. Does the law not hold Arbery responsible to some extent?
     
  10. army judge

    army judge Super Moderator

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    The state of the death penalty in the South a decade after a controversial execution


    GA Death Penalty Timeline
    1735 – First known execution in Georgia, Alice Riley hung for murder.

    1816 – Georgia statute defines the following as capital crimes when committed by a slave or a free person of color: poisoning or attempted poisoning; insurrection or attempted insurrection; rape or attempted rape of a white female; assaulting a white person with a deadly weapon or with intent to murder; maiming a white person; and burglary.

    1829 – Georgia passes a law making it a capital crime for white persons to introduce into Georgia, or circulate in Georgia, any publication for the purpose of inciting a revolt among the slaves.

    1863 – Georgia statute makes white persons subject to the death penalty if they incite an insurrection or revolt of slaves, or attempt to do so.

    1865 – Race-based death penalty statutes eliminated in Georgia.

    1924 – Henson Howard, a black man, is the first person electrocuted by the state of Georgia. He was executed for rape and robbery.

    1931 – Electrocution completely replaces hanging as Georgia’s execution method.

    1972 – The Supreme Court strikes down the death penalty in Furman v. Georgia, declaring all existing death penalty statutes unconstitutional.

    1973 – Georgia passes a new capital punishment statute.

    1976 – The Supreme Court decides reaffirms the constitutionality of capital punishment and upholds Georgia’s death penalty statute in Gregg v. Georgia.

    1977 – The Supreme Court rules in the case of Coker v. Georgia that the use of the death penalty for crimes like rape or robbery in which a victim is not killed is unconstitutional.

    1980 – The Supreme Court rules that the portion of Georgia’s death penalty statute allowing for the death penalty for murders that are “outrageously or wantonly vile, horrible or inhuman” is unconstitutionally vague.

    1986 – The Supreme Court decides the case of McCleskey v. Kemp, holding that statistical evidence of race discrimination in Georgia’s death penalty system was not enough to overturn the defendant’s sentence.

    1991 – Gary Nelson, a death row inmate, is exonerated of the rape and murder of a young girl. It was revealed that prosecutors had withheld evidence of Nelson’s innocence.

    2001 – The Georgia Supreme Court finds electrocution unconstitutional. Georgia begins using lethal injection as its method of execution.

    2016 – The U.S. Supreme Court overturns the conviction and death sentence of Timothy Foster, ruling that prosecutors unconstitutionally exercised their discretionary jury challenges to strike jurors because they were black. Foster, a black man, was sentenced to death by an all-white jury after prosecutors removed every black prospective juror from the jury pool.

    March 2014 - March 2019 – For the first time since bringing back the death penalty in 1973, Georgia goes five years without imposing a death sentence.

    http://www.dcor.state.ga.us/sites/all/files/pdf/Research/Standing/Death_penalty_in_Georgia.pdf


    ONLY 76 PEOPLE WERE EXECUTED IN GEORGIA FROM 1976 THROUGH 2020.
     
  11. army judge

    army judge Super Moderator

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    There is NOTHING anyone on this planet can do to the decedent.

    The decedent wasn't on trial, even if he had survived.

    The deceased never get to tell their side of the story.

    The law is merely a signpost to destination "Justiceville".

    Juries have wide latitude in determining the outcome after trial.

    The jurors in this case saw it one way.

    If a case were ever tried again, that jury might derive a different verdict.


    Then there is also what some term "jury nullification".

    Bear in mind, a defendant might choose to have the judge try the case and adjudicate the outcome, as in verdict.

    snapshot_apnews.com_1637829511757.png
     
  12. flyingron

    flyingron Well-Known Member

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    Why should the law hold the victim responsible? He didn't do anything that warranted the response here. His only aggressive act occurred after someone tried to run him over with a truck and pointed a lethal weapon at him threatening to kill him.
     
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  13. Redemptionman

    Redemptionman Active Member

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    I do not understand how you can have multiple counts of murder for only one victim. That does not make sense to me, and they most damaging things these guys did was to themselves by filming it and then posting it all over everywhere like it showed their innocence. The video just helped to convict them all.

    Do not forget that the victim in the case is a convicted felon and wasn't exactly an upstanding citizen.

    As far as the rest, someone was out there stealing from the construction site. The police could not or would not respond to it in time. The police told them to call a local retired officer if it occurred again which they did. The officer had his other neighbor film it and went on a ride to run the alleged prep down. The fact that they ran them down is what the issue is had they discussed it or followed him to the police arrived it would have much better. Obviously the jury decided since the stop or detainment wasn't lawful then the defense of shooting the said perp wasn't lawful as well. Which led them to a murder verdict.
     
    Last edited: Nov 26, 2021
  14. flyingron

    flyingron Well-Known Member

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    The law allows the multiple counts for the same act. However, when it comes down to the sentencing, they only can sentence at one level (usually the most severe) for each independent act. So if you shoot someone and get charged with reckless discharge of a firearm and murder, you can be guilty of both, but you'll only get sentenced for the murder. However if you shoot two people, you can be charged, found guilty, and sentenced for each act (different people).

    Thank you for perpetuating the racist and legally irrelevant point. Just because someone has criminal record doesn't make it OK to assault and/or murder them. He was not committing a crime when he was hunted down and slaughtered.

    Even if there had been thefts, you don't get to KILL people just because you are so pathetically racist that you equate black man with criminal.
     
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  15. Redemptionman

    Redemptionman Active Member

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    Racists come in various colors just a felons, not sure how I see anyone's color as relating to their felony status.
     

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