01-10-2022, 08:50 PM
(01-10-2022, 08:26 PM)sally Wrote: I couldn't see the video, but if they chased him first and confronted him instead of calling the police which is what I would have done then they instigated the whole thing, no? At that point who cares if he tried to disarm them, they were chasing him, right?
The first prosecutor that had the case said they had probable cause to make a citizen's arrest. Aubrey was captured on video 5 times casing out a construction site 3 houses away from the defendants' house, during a time when the neighborhood was experiencing a rash of burglaries. They were fully within their rights to do what they did -- but even if that weren't the case, in no way, shape or form would that make them guilty of murder. Manslaughter? Maybe, but definitely not murder.
Aubrey freely chose to run up on McMichael and try to take his gun away, and in doing so he may very well have caused the gun to fire. The first shot went through his palm, not his body. So no, McMichael did NOT discharge his weapon with criminal intent, and he was carrying in full compliance with Georgia law.