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Old 11-25-2021, 02:52 PM   #891
OptimalTates
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Quote:
Originally Posted by KootenayFlamesFan View Post
The video released by the murderers themselves did more to convict them in that case than the way they were treated by the cops like the one in the video.
Roddie's video would have pretty much exonerated him if not for his statements to police. His entire defense was circumscribed around him being only a witness to the event and not an active participant. He took the video inside of his truck when Arbery was shot and was several meters away.

The hurdle that his defense couldn't jump was that he had told the police on scene and immediately after that he had actively chased and tried to stop Arbery with his vehicle. It was his cooperation with police that lead them to investigate his vehicle, notice the dent, find fingerprints and fibre from Arbery indicating that he had been struck.

Similarly, and only somewhat less significantly, the elder McMichael's statements to police that they had trapped him like a rat, never indicated to him he was under arrest, never saw him steal anything, yelled that he would blow his head off, all sealed his fate as the defense could not claim they were making a reasonable and legal citizen arrest. His defense hinged on the, now repealed, Georgia Law that allowed for citizen arrest:

Quote:
Originally Posted by Georgia Citizen Arrest Law
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.
By confirming to police that he did not see Arbery steal, did not tell him he was under arrest, the defense could not convince the jury that that they were enacting a legal citizen arrest at the time of the killing and the fact that McMichael told police he wanted to blow Arbery's brains out for no reason other than him not stopping certainly did not help.

As much as the video looked like a cold blooded murder, as it was, there was room for reasonable doubt had the McMichael's done the smart thing and got a lawyer to help them navigate the police.

Quote:
Originally Posted by KootenayFlamesFan View Post
And yes, I am very negative and pessimistic when it comes to cops and racism in that country. It will be very tough to change my mind that the cops did the right thing and everybody would have been treated the same, regardless of skin color. I just don't believe it. I appreciate the discussion, though, thanks.
I'm not saying everyone would have been treated the same. I'm saying they should be treated the same (as are you).

I guess our conversation comes down to this:

Me: Yes, Black people would have been treated differently than McMichaels but they should be treated like McMichaels were

You: Yes, Black people would have been treated differently than McMichaels but the McMichaels should be treated like Black people would have.
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