Comments by "John" (@John-kv7jo) on "Kevin Gough joins us to discuss what's next for William 'Roddie' Bryan | COURT TV" video.
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A crucial legal question was whether the three defendants were trying to make a lawful citizen’s arrest. The relevant law is only two sentences long:
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
In an independent analysis of the case, lawyer Andrew Branca argues that the two sentences anticipate two different scenarios. The first sentence is about minor offenses, such as shoplifting; citizens may not step in unless the crime was “committed in their presence or immediate knowledge.” In the case of a felony, a citizen can act on “reasonable and probable grounds.” Prosecutor Linda Dunikoski tried to combine the two sentences, insisting that the crime for which citizens could make an arrest had to be a felony committed “in their presence.” She noted that trespassing — the only crime of which Arbery is known to the defendants to have been committed — did not justify citizen’s arrest, claiming that detention was lawful only in “emergency situations” when a crime is happening “right then and there.”
Mr. Branca notes that when a law is ambiguous it must, under the doctrine of “lenity,” be interpreted in the favor of a defendant, which would mean the men had the right to arrest Arbery merely for trespassing. Judge Walmsley did not clear up the ambiguity, and seemed to side with Miss Dunikoski, telling the jury that anyone who is the target of an unjustified citizen’s arrest “has the right to resist the arrest with such force as is reasonably necessary.”
Miss Dunikoski followed up this advantage: “You [Travis McMichael] can’t claim self-defense if you are the unjustified aggressor,” she said. “Who started this? It wasn’t Ahmaud Arbery.” Clearly, it is absurd to say that Travis McMichael forfeited all rights to self-defense. Was he legally obliged to let Arbery beat him to death? No matter what led up to the fight over the shotgun, at some point is could be reasonable to see Arbery as the aggressor. The jurors have not explained their verdict, but if they accepted the prosecution’s argument, there was never any hope for an acquittal.
In her closing arguments, Miss Dunikoski made the outrageous claim that the defendants chased Arbery “because he was a black man running down the street.” There had been no testimony to suggest race had anything to do with the decision to give chase, and it is impossible to believe the McMichaels would have jumped into their truck if Arbery had just been “a black man running down the street.”
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