In NC, it’s a misdemeanor to break into a building (under construction). If you break into a building to commit any felony or larceny, it’s a class H felony. Does GA have a similar statute?
Merely walking into the building under construction, absent any witness(es) stating they knew the suspects intent or evidence indicating intent, in NC, is a misdemeanor.
For reference, NCGS 14-54 https://www.ncleg.net/EnactedLegisla.../GS_14-54.html
It was understood a couple days ago there was surveillance footage of an individual trespassing on a home construction site and that that's what prompted the initial 911 call and later chase.
Good to see the actual footage, and it never looks right to see folks poking around property not their own...
...but those looking to convict the decedent and call it case closed with this shouldn't, there are other noncriminal explanations that might apply. Fact is, once or twice I've wandered into houses under construction simply because I was curious how it was coming along and what the place was going to look like; shouldn't have, but I was younger and I did -- zero criminal intent, even though technically it was trespassing.
Hain’t we got all the fools in town on our side? And ain’t that a big enough majority in any town?
Personally, none. I've seen a few picked. We almost exclusively do work that can be dealt with at summary judgment. In the few rare cases where we have factual disputes, we've used outside counsel. This is also all civil. And, I don't recall ever having a Batson issue in any case I've worked on.Originally Posted by vcdgrips
It looks legit:
"Having adopted those principles in Glass, and having recognized above their pertinence to a waiver of a jury trial, we conclude their application to the present case requires affirmance of the trial court's denial of appellants' demand for a bench trial. Although appellants' waiver of the right to trial by jury appears adequate, the refusal of the prosecution to consent left the trial court with no choice but to deny the demand."
Zigan v. State, 281 Ga. 415, 417 (2006).
ETA: Looks like the Georgia Supreme Court was asked to reexamine Zigan and declined:
"Smith offers no compelling reasons for us to reexamine Zigan. Although Zigan was decided not long ago, it was based on principles that have been a settled part of our law for many decades. The rule set down in Zigan is simple and straightforward in its application. It is a fair rule that permits the accused and the government to meet upon a level playing field. And although some of our sister states may have elected by statute or rule to do otherwise, the reasoning of Zigan is not obviously unsound. We see no good reason in this case to reexamine Zigan, and so, we continue to adhere to that decision. As Smith concedes, Zigan is dispositive of her appeal. The trial court did not err when it yielded to the insistence of the State upon a trial by jury, and we affirm the judgment of conviction."
Smith v. State, 295 Ga. 120, 122 (2014).
Last edited by joshs; 05-09-2020 at 09:05 PM.
Just as a reminder, while it may be of interest to the conversation here what the decedent did or didn't do, for the now arrested individuals only what they knew at that time will be relevant at trial. I'm sure there will be a lot of arguing about whats allowed to be allowed in the courtroom and what won't be reference this.
And on a side note, I wonder if any of the "CCW Insurance" type plans would cover you in this sort of situation.
Sorta around sometimes for some of your shitty mod needs.
Well, me too, and like I posted earlier in the thread I've had a few folks roll up on me holding a shotgun. Never ran at the guy holding the shotgun and tried to take it though. Didn't seem prudent.
Lots of facts to come out but I think changing the thread title is fair at least.
I would doubt it as it's not a purely self-defense use of force. They went out to essentially effect an arrest when things went awry.
There's nothing civil about this war.
Well, I don't know about that. That's one of the things that's bothering me about a lot of replies in this thread. I've seen some videos of 'citizen arrests' gone awry and a lot of the people replying are doing so like they rolled up him, pointed guns and shouted FREEZE then shot him as he pulled his shorts up.
I don't see that. I see them standing there waiting on him and getting caught flat footed and shocked as he runs at one of them and tries to grab the shotgun. Could be a lot more to the story, sure. Don't see it. Don't believe someone working as an investigator would go about a citizens arrest that way. I could be wrong.
Round up the usual suspects. There can't be that many of them in that burg.
My guess this is another Trayvon Martin shooting. Doesn't the FBI investigate civil rights violations. They sent 42 agents to Ferguson. Maybe they don't anymore since we have a new adm. If they don't they need a new website.
https://www.fbi.gov/investigate/civil-rights
Last edited by Borderland; 05-09-2020 at 09:38 PM.
In the P-F basket of deplorables.
Why did McMichael the younger exit the vehicle if it were not to attempt to intercept Arbery? Why armed? Papa McMichael was in the back of the vehicle with a handgun. What were the felonious or exigent circumstances requiring a citizen's arrest at that juncture?
Who initiated the event? This is why I don't think that a ccw legal plan will "necessarily" cover the court costs under the circumstances.
There's nothing civil about this war.
Somebody who forgot they aren't a cop any more and can do things on reasonable suspicion that they can't do as a private citizen might.
What you're missing is as soon as they attempt to stop him by threat of force (which a reasonable person would assume to be the case when two armed people block the road in front of you) there are only two options. A legal citizen's arrest or an illegal criminal confinement (or false arrest in GA, same thing). That's it. Shouting "freeze" vs saying "stop we want to talk to you" isn't where the line is drawn. A reasonable person would see a threat, just like you can't get out of a Robbery charge by saying "please give me some money" while holding a gun. The polite request and lack of a verbal threat doesn't make it not a robbery.
Sorta around sometimes for some of your shitty mod needs.
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