Citizen’s Arrest gone wrong Georgia

[floridays]

So you are saying it is legal to use a firearm while "detaining" or violating a person's freedom in a threatening way?

I'll answer for him.
Depending on jurisdiction it can be and is legal to detain a person with a firearm.

You have added the "personal freedom and threatening way," to the mix, neither of which have been decided.
You are biting off more than you can chew, which is usual when you are talking about the Constitution or legality in state statute you know nothing of.

Pick a better venue to be a warrior for my type. This is serious business.

 

[Box Ox]

The guy was legally carrying a shotgun. Someone instigated a struggle for that shotgun. They lost.

Wouldn’t that be something if you could legally go out and off anyone you wanted to by stopping them at gunpoint in the middle of a public street, making them think they’re about to be kidnapped or assaulted and having them make a desperate attempt at disarming you?

 

[Old Man Jingles]

So you are saying it is legal to use a firearm while "detaining" or violating a person's freedom in a threatening way?

Depends

 

[Indecisi0n]

Depends

I might be able to get into this....

 

[Mutineer]

Arbery wasn't equipped in a capacity to steal and run away with anything of value from a typical construction site. At most maybe a few hand tools and some fasteners.

I'm under the impression that an armed, citizen's arrest is only for circumstances where a serious crime has been personally witnessed by the person doing the arrest. Or, if there is credible belief that a serious crime is about to be committed.

The people in the truck should've simply called 911, and given all relevant, useful information about the suspect to the dispatcher, and left it at that.

When Bubba stepped out of the truck brandishing a shotgun, he really upped the ante to a degree that did not remotely match the imagined or real crime that Arbery was suspected to have committed. Bubba SHOULD have stayed in the vehicle with the shotgun and NOT threatened Arbery with it.

With that being said, this seems very much like the Martin/Zimmerman incident a few years ago in Florida. In both individual cases a pair of idiots found each other. And in each case, one of the idiots ended up dead.

The problem is that up to that point in his life, Arbery had not done anything worthy of being killed for. Although there are likely many people that would argue that he had it coming eventually, anyways.

However, it is simply not sane, right, or legal to kill people for crimes they may commit in the future.

 

[floridays]

Wouldn’t that be something if you could legally go out and off anyone you wanted to by stopping them at gunpoint in the middle of a public street, making them think they’re about to be kidnapped or assaulted and having them make a desperate attempt at disarming you?

I'll have the shotgun, lets give it a go. That is clearly what this was not.
No sense in playing games.

 

[floridays]

Arbery wasn't equipped in a capacity to steal and run away with anything of value from a typical construction site. At most maybe a few hand tools and some fasteners.

I'm under the impression that an armed, citizen's arrest is only for circumstances where a serious crime has been personally witnessed by the person doing the arrest. Or, if there is credible belief that a serious crime is about to be committed.

The people in the truck should've simply called 911, and given all relevant, useful information about the suspect to the dispatcher, and left it at that.

When Bubba stepped out of the truck brandishing a shotgun, he really upped the ante to a degree that did not remotely match the imagined or real crime that Arbery was suspected to have committed. Bubba SHOULD have stayed in the vehicle with the shotgun and NOT threatened Arbery with it.

With that being said, this seems very much like the Martin/Zimmerman incident a few years ago in Florida. In both individual cases a pair of idiots found each other. And in each case, one of the idiots ended up dead.

The problem is that up to that point in his life, Arbery had not done anything worthy of being killed for. Although there are likely many people that would argue that he had it coming eventually, anyways.

However, it is simply not sane, right, or legal to kill people for crimes they may commit in the future.

In my opinion you make great sense and are on target for the most part.
Some of it I would argue, this incident however seems to be a bit heavy handed.
I'll wait for all the facts however.
Just me.

 

[DriveInDriѵeOut]

Arbery wasn't equipped in a capacity to steal and run away with anything of value from a typical construction site. At most maybe a few hand tools and some fasteners.

I'm under the impression that an armed, citizen's arrest is only for circumstances where a serious crime has been personally witnessed by the person doing the arrest. Or, if there is credible belief that a serious crime is about to be committed.

The people in the truck should've simply called 911, and given all relevant, useful information about the suspect to the dispatcher, and left it at that.

When Bubba stepped out of the truck brandishing a shotgun, he really upped the ante to a degree that did not remotely match the imagined or real crime that Arbery was suspected to have committed. Bubba SHOULD have stayed in the vehicle with the shotgun and NOT threatened Arbery with it.

With that being said, this seems very much like the Martin/Zimmerman incident a few years ago in Florida. In both individual cases a pair of idiots found each other. And in each case, one of the idiots ended up dead.

The problem is that up to that point in his life, Arbery had not done anything worthy of being killed for. Although there are likely many people that would argue that he had it coming eventually, anyways.

However, it is simply not sane, right, or legal to kill people for crimes they may commit in the future.

I'm not sure "brandishing" a weapon applies here considering it is legal to open carry a shotgun in Georgia.

I agree with most of what you're saying but will add Arbery should have called the police too and waited for them to get there.

But criminals typically don't call the police on themselves.....

 

[DriveInDriѵeOut]

So you are saying it is legal to use a firearm while "detaining" or violating a person's freedom in a threatening way?

I'm saying it's legal to carry a weapon in Georgia. If you try to take that weapon from someone you might get shot.

 

[DriveInDriѵeOut]

Wouldn’t that be something if you could legally go out and off anyone you wanted to by stopping them at gunpoint in the middle of a public street, making them think they’re about to be kidnapped or assaulted and having them make a desperate attempt at disarming you?

Nuance.

 

[Mutineer]

I'm not sure "brandishing" a weapon applies here considering it is legal to open carry a shotgun in Georgia.

I agree with most of what you're saying but will add Arbery should have called the police too and waited for them to get there.

But criminals typically don't call the police on themselves.....

Ok. How about "confronting" someone in a threatening manner while open carrying. That's a far cry from simply "open carrying."

I also suspect that Arbery was up to no good. But considering the situation, the people in the truck took things way too far.

 

[DriveInDriѵeOut]

Ok. How about "confronting" someone in a threatening manner. That's a far cry from simply "open carrying."

I think false imprisonment would be a reasonable charge to take to trial.

When I watch the video I see someone who, once the struggle started, tried pretty damn hard to NOT shoot Arbery. He could have shot him a lot sooner. The way Arbery was pulling on the gun, he may not have even meant to shoot him.

I also suspect that Arbery was up to no good. But considering the situation, the people in the truck took things way too far.

I agree.

 

[floridays]

Depends

Funny, this is the closest I could come to Moth said

 

[Mutineer]

The way Arbery was pulling on the gun, he may not have even meant to shoot him.

Accidental discharge due to a struggle initiated by Arbery. That is a very reasonable argument.

But it will be tough to argue that Arbery was 'accidentally' shot three times.
If the shotgun is a semi-auto, multiple accidental discharges are within the realm of believable.

If it's a pump gun, that is a far more difficult argument.

 

[oldngray]

Accidental discharge due to a struggle initiated by Arbery. That is a very reasonable argument.

But it will be tough to argue that Arbery was 'accidentally' shot three times.
If the shotgun is a semi-auto, multiple accidental discharges are within the realm of believable.

If it's a pump gun, that is a far more difficult argument.

It would be worse if it was a double barrel he had to reload.

 

[Eat Sleep Fish]

Burglary suspect or not, you just can't do what those guys did. Why not just call the cops and report if you feel the need?

 

[Eat Sleep Fish]

While he didn't die, I think Reginald Denny would disagree with you. Unarmed. Hunted down. Damn near died. That's a weak sauce argument pic you threw up there. It goes both ways. And I agree that what that Father and Son did was just plain wrong on so many levels.

 

[UpstateNYUPSer(Ret)]

I'm not sure "brandishing" a weapon applies here considering it is legal to open carry a shotgun in Georgia.

I agree with most of what you're saying but will add Arbery should have called the police too and waited for them to get there.

But criminals typically don't call the police on themselves.....

Isn't open carry where you are allowed to carry your weapon in a manner that is visible but not threatening or intimidating?

Hindsight is always 20/20 but what the good ole boys should have done is called 911 to alert them of the situation and then follow the suspect at a reasonable distance while updating the authorities on his location, yielding to the trained professionals upon their arrival.

I'm not sure who said but he/she was correct in that the suspect did not do anything that warranted this response. Now, had he grabbed a kid or vandalized a car, they would have been well within their rights to SAFELY detain the suspect until the police arrived.

 

[UpstateNYUPSer(Ret)]

Burglary suspect or not, you just can't do what those guys did. Why not just call the cops and report if you feel the need?

...and then follow at a reasonable distance to update the authorities as to his location...

 

[DriveInDriѵeOut]

Isn't open carry where you are allowed to carry your weapon in a manner that is visible but not threatening or intimidating?

Hindsight is always 20/20 but what the good ole boys should have done is called 911 to alert them of the situation and then follow the suspect at a reasonable distance while updating the authorities on his location, yielding to the trained professionals upon their arrival.

I'm not sure who said but he/she was correct in that the suspect did not do anything that warranted this response. Now, had he grabbed a kid or vandalized a car, they would have been well within their rights to SAFELY detain the suspect until the police arrived.

Why did Arbery not call 911?