I hardly ever speak of experience. Anyone is allowed to have an opinion. When someone tells me that I donât understand community policing because of something read in the internet, sometimes it seems appropriate.
I canât be losing a debate because I am not in one. I am merely pointing out usual police policies and responses. A debate might be if those policies or practices are good.
I havenât disengaged from anything.
Here is what matters in this case....
Did the two men arrested witness a felony? If so they can make a citizen arrest under GA law. I have read the GA law and I saw nothing that justifies a detention by a civilian in order to question a person that was in a suspicious circumstance, particularly with firearms. The police can, civilians canât
Arberyâs past history has no bearing on the case. A video of him arguing with cops two years earlier doesnât justify deadly force or a detention Him in the area or in that house under construction previoy doesnât matter. Having a cop text for the neighbors to call the retired cop doesnât matter. Again, did they witness s felony? If not, they can make no citizen arrest. The rest is just fluff to distract by one side or the other.
Does GA law allow for a civilian to draw a weapon on an apparently unarmed person to make an arrest, just in case?
The local DAs that knew the suspect or his family, said they saw no case. The state police were called in and it took about 45 seconds to say, what the heck was the DA thinking.
I think this will go to trial. I think the guys may get off because of the way the law reads. In Texas as an example of self defense, if self defense is brought up in a trial, the state has to prove beyond a reasonable doubt that self defense was not lawful in that circumstance. In other words, the defendant doesnât have to prove that he had the right of self defense, the DA has to prove that he didnât. So a jury could feel 80% likely that murder was committed but that isnât beyond a reasonable doubt. Texas law on a defense to prosecution says that if any reasonable count exists, a person must be acquitted. Is GA the same? It is probably similar.