The catch is this: the citizens arrest was only legal if he was committing a felony. If someone had just seen you smoking a joint in an alley, then started trying to stop you, and they were carrying a shotgun, would you try and stop them? Would you trust that they were a good person and werent just going to shoot you? Or would you decide to fight them because you think theyre going to shoot you after setting up in the road in front of you with a gun? Because if they can only prove he committed a misdemeanor, thats the exact same thing.
Just food for thought. Until more of the evidence comes out, Im not going to pick a side. Its clear he at least committed a misdemeanor by trespassing, but that doesnt make a citizens arrest legal in georgia. If they can prove he was burglarizing houses, then their attempted citizens arrest, and subsequent self defense is legal. If they can only show he trespassed, then its not legal, and they become guilty of involuntary manslaughter most likely. I know everyone here doesnt want to hear that because everyones mind is already made up on this case though. Theres no denying ahmaud was a criminal, the only thing up for debate is was the citizens arrest legal, and none of us have the information necessary to decide that. And to anyone saying the shooter wasnt brandishing, you absolutely cannot see what hes doing in the video even frame by frame, believe me, Ive tried. Hes just too blurry.
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
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.
Excellent red herring my friend.
So, I'm "setting up weird legal ground not supported" yet you've introduced the premise of criminal charges cancelling each other out?
The catch is this: the citizens arrest was only legal if he was committing a felony. If someone had just seen you smoking a joint in an alley, then started trying to stop you, and they were carrying a shotgun, would you try and stop them? Would you trust that they were a good person and werent just going to shoot you? Or would you decide to fight them because you think theyre going to shoot you after setting up in the road in front of you with a gun? Because if they can only prove he committed a misdemeanor, thats the exact same thing.
Just food for thought. Until more of the evidence comes out, Im not going to pick a side. Its clear he at least committed a misdemeanor by trespassing, but that doesnt make a citizens arrest legal in georgia. If they can prove he was burglarizing houses, then their attempted citizens arrest, and subsequent self defense is legal. If they can only show he trespassed, then its not legal, and they become guilty of involuntary manslaughter most likely. I know everyone here doesnt want to hear that because everyones mind is already made up on this case though. Theres no denying ahmaud was a criminal, the only thing up for debate is was the citizens arrest legal, and none of us have the information necessary to decide that. And to anyone saying the shooter wasnt brandishing, you absolutely cannot see what hes doing in the video even frame by frame, believe me, Ive tried. Hes just too blurry.
O.C.G.A. 17-4-60 (2010) 17-4-60. Grounds for arrest
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.