Ahmaud Arbery

[Judi]

You implying that they were going to kill him even if he surrendered and he somehow knew this so he had to fight instead of waiting for the authorities? Or are you saying he MAY have had a chance to save himself by grabbing the gun so he can escape and avoid talking to the police?

No....I what I was trying to say...If...you walking what ever down the street...and two unkown people get out with guns...and come towards you, ....You, ...some people might feel threatened, and think they can disarm that person with a gun.

I do not know what he was thinking...Nor do I believe the two other men knew what they were thinking...

I would be very concerned if two men told me I was under arrest, getting out of truck with guns...fight or flight....it's natures law.

All of this for what....

I'll only shoot to save a life....or if your in my house uninvited.

 

[Judi]

Here is another take....not the same vid in earlier post...

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[Tanis143]

Walking into a dwelling that you don't own isn't trespassing? Could you cite the law? Other sources are saying different.

Georgia Code Title 16. Crimes and Offenses § 16-7-21
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

Right now they have Arbery on video walking through the house, which was not secured and not known if it was posted no trespassing. If all he did was look around, and no one had told him previously he was not allowed on the the property, the case can be made that he had not committed trespassing yet. Its a thin line, but he so far had skirted it.

 

[Tanis143]

Most people have the wrong idea of what trespassing entails. As a cable tech I enter back yards all the time without the homeowner's direct consent. The reason this is not trespassing is I have a legitimate reason to enter that yard and my company has easement access rights granted to us by the cities and counties that our service is active in. When someone purchases a house there is a section that spells out what easements are on the property and states that those services that are in the easement have the right to get to the easement even if they have to cross the property to do so.

 

[Tanis143]

Does this mean you don’t care to wager?


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When it comes to lawsuits, I never wager. I've seen too many slam dunk cases go the other way and other cases that were thinner than a strand of hair stand up. So, no, I don't. If they get an unbiased jury that actually use their brains and the defense fails to produce evidence the McMichaels had witnessed Arbery commit a felony, they'll be convicted. But honestly, I could see it go to a not guilty or a hung jury.

 

[JD8]

Georgia Code Title 16. Crimes and Offenses § 16-7-21
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

Right now they have Arbery on video walking through the house, which was not secured and not known if it was posted no trespassing. If all he did was look around, and no one had told him previously he was not allowed on the the property, the case can be made that he had not committed trespassing yet. Its a thin line, but he so far had skirted it.

I'm not so sure about that. The owners of the house had cameras set up. Leading a reasonable person to believe that nobody had permission to enter the property, without their consent. One could also make a case that he wasn't there for lawful reasons. He's literally staring down the materials, looking for something to take.

 

[Shakel65]

Most people have the wrong idea of what trespassing entails. As a cable tech I enter back yards all the time without the homeowner's direct consent. The reason this is not trespassing is I have a legitimate reason to enter that yard and my company has easement access rights granted to us by the cities and counties that our service is active in. When someone purchases a house there is a section that spells out what easements are on the property and states that those services that are in the easement have the right to get to the easement even if they have to cross the property to do so.

This guy wasn't in the backyard. He was in the garage and the living room. Easements arent even part of the discussion. There is more video from inside the house that hasn't been released. That video may very well show more than just trespassing.

 

[Tanis143]

I'm not so sure about that. The owners of the house had cameras set up. Leading a reasonable person to believe that nobody had permission to enter the property, without their consent. One could also make a case that he wasn't there for lawful reasons. He's literally staring down the materials, looking for something to take.

Camera's don't work as a no trespassing sign. The cameras where there to make sure nothing was taken from the property. And simply looking at something doesn't mean you have the intent to steal it. Not saying your assumptions on Arbery's activities is wrong, I'm simply stating that his actions can not be proven as criminal with just the video. Now, if there was a no trespassing sign posted, or something stating no unauthorized entry (something someone SHOULD post if no doors are present), then yes, he could be cited for trespassing.

But that is still a moot point in this case because trespassing is a misdemeanor in GA, and that does not allow for a C/A.

 

[Tanis143]

This guy wasn't in the backyard. He was in the garage and the living room. Easements isn't even part of the discussion.

I was using that to show that most people do not have a clear understanding of what trespassing entails. I know that my situation does not pertain to this, that was not my point.

 

[JD8]

Camera's don't work as a no trespassing sign. The cameras where there to make sure nothing was taken from the property. And simply looking at something doesn't mean you have the intent to steal it. Not saying your assumptions on Arbery's activities is wrong, I'm simply stating that his actions can not be proven as criminal with just the video. Now, if there was a no trespassing sign posted, or something stating no unauthorized entry (something someone SHOULD post if no doors are present), then yes, he could be cited for trespassing.

But that is still a moot point in this case because trespassing is a misdemeanor in GA, and that does not allow for a C/A.

Nope. Cameras do NOT prevent anyone from taking property. They would identify who would be on their property without their permission and committing a crime.