Shooting of jogger in GA

[critter]

https://www.sfgate.com/news/article/...jVY_rDjHb3pqH4

The former police detective whose actions in the fatal shooting of Ahmaud Arbery in Georgia were defended as a citizen's arrest was stripped of his law enforcement certification and power to arrest a year before the deadly encounter, according to personnel records acquired by The Washington Post.

That's an interesting twist in the continuing saga though that particular tidbit shouldn't be germane to actions taken in this case unless he was also stripped of his citizenship. But I bet it most definitely will...

[pm07]

Not really a twist. He filed to get his mandatory hours so his certification was suspended. It happens all the time. Officers either forget or way until the last minute and fail one of the classes. The way POST is in Georgia is that if you work one day, you are required to get your 20 hours. Doesn't matter if you resign or retire, if you worked a day in that calendar year and didn't get your hours, including the Governors Initiative mandated classes, it get suspended. Mine was when I deployed, I completed a waiver when i came back and it was reinstated no harm no foul.

[WobblyPossum]

I think this would hurt McMichael in the civil case. He had his certification pulled due to not completing required UoF training, which often deals with legalities of UoF, and then found himself in a UoF that looks an awful lot like a murder. Whether this ends up playing a role in the criminal case is something else.

[blues]

I think this would hurt McMichael in the civil case. He had his certification pulled due to not completing required UoF training, which often deals with legalities of UoF, and then found himself in a UoF that looks an awful lot like a murder. Whether this ends up playing a role in the criminal case is something else.

I agree that it could be used against him if admitted by the judge. Why? Well, let's just assume for the purposes of argument, that a citizen's arrest could be justified under the law. (This, of course, is yet to be determined in the current case.) But, just because you're a citizen and as a citizen might have the standing to do something...doesn't mean you should, especially if you have not demonstrated your competency in the area of what "reasonable force" is under the circumstances. Even if you simply apply the "reasonable man" standard, it's a tough sell.

Then bring the other factors of the current event into the picture, and it certainly, at best, would not help the defendant's case. So, I'm sure it will be something the defense will attempt to keep out.

But, we don't have or know all of the info, so there may be mitigating circumstances we are not as yet aware of. Time will tell.

[DC_P]

Attorneys for Travis McMichael, charged with murder in the Feb. 23 death of Ahmaud Arbery, implored the public not to rush judgment on the case before knowing all the facts.]

Good luck with that one...

[BehindBlueI's]

I think this would hurt McMichael in the civil case. He had his certification pulled due to not completing required UoF training, which often deals with legalities of UoF, and then found himself in a UoF that looks an awful lot like a murder. Whether this ends up playing a role in the criminal case is something else.

I agree that it could be used against him if admitted by the judge. Why? Well, let's just assume for the purposes of argument, that a citizen's arrest could be justified under the law. (This, of course, is yet to be determined in the current case.) But, just because you're a citizen and as a citizen might have the standing to do something...doesn't mean you should, especially if you have not demonstrated your competency in the area of what "reasonable force" is under the circumstances. Even if you simply apply the "reasonable man" standard, it's a tough sell.

Then bring the other factors of the current event into the picture, and it certainly, at best, would not help the defendant's case. So, I'm sure it will be something the defense will attempt to keep out.

But, we don't have or know all of the info, so there may be mitigating circumstances we are not as yet aware of. Time will tell.

It might be used for narrative building, but since citizens aren't require to have any sort of in-service training for their arrest powers, it's ultimately irrelevant criminally. What it likely would do, IMO, is keep the defense from using his LEO background in a civil suit, trying to argue he "knew more" or something since opening that door would probably let this tidbit in as well. Strictly a guess, my experience with civil suits is strictly limited to the receiving team and the pre-trial charades.

[blues]

It might be used for narrative building, but since citizens aren't require to have any sort of in-service training for their arrest powers, it's ultimately irrelevant criminally. What it likely would do, IMO, is keep the defense from using his LEO background in a civil suit, trying to argue he "knew more" or something since opening that door would probably let this tidbit in as well. Strictly a guess, my experience with civil suits is strictly limited to the receiving team and the pre-trial charades.

If the defendant takes the stand, and the info is allowed, (under whatever the equivalent in GA for 404 / 404b material), the prosecutor could have a field day before the jury tying up the defendant in this particular arena, imho. Anyway, it will be what it will be.

No matter how you slice it, it's a great wake-up call and reminder of what not to do under similar circumstances...regardless of what a statute might permit.

[Stephanie B]

Attorneys for Travis McMichael, charged with murder in the Feb. 23 death of Ahmaud Arbery, implored the public not to rush judgment on the case before knowing all the facts. “We are asking everybody who is following this case….. who are forming opinions without knowing all the facts to just take a breath because all the facts will come out," attorney Robert Rubin told reporters outside of his Decatur, Georgia office on Thursday. Rubin and Jason Sheffield said they were retained by Travis McMichael on Monday.
https://www.usatoday.com/story/news/...on/5189424002/

"Please keep an open mind regarding our clients while we do our level best to smear the dead guy..."

[blues]

"Please keep an open mind regarding our clients while we do our level best to smear the dead guy..."

Everyone has a job to do.

[0ddl0t]

I think this would hurt McMichael in the civil case. He had his certification pulled due to not completing required UoF training, which often deals with legalities of UoF, and then found himself in a UoF that looks an awful lot like a murder. Whether this ends up playing a role in the criminal case is something else.

Since he wasn't the one who pulled the trigger, why would it matter?