Quote:
Originally Posted by jjjou812
There are multiple reasonable conclusions one can make ranging from self defense to manslaughter to felony murder based upon the incomplete, known evidence. From everything I have read, I am not sure aggravated assault can be proven or even if they were “brandishing” weapons. I doubt any mens rea beyond “catch this thief black guy” can be proven, ie., I doubt they had intent to shoot the guy before the chase. With the bad camera work and lack of sound, it looks like Arbery could be reasonably viewed as an aggressor as well when he veered towards the guy and grabbed at the gun. Whether Arbery was the neighborhood thief or not will certainly play out in the media before a trial, and may be admissible in court for other reasons or exceptions under rules of evidence regarding character.
Not that reasonable conclusions matter anyways because the burden of proof is much higher.
I don't think there is any defensible argument to a Self Defense plea by the McMichaels.
There also is not any defensible arguments for a Stand Your Ground argument by the McMichaels.
I think the only play the defense lawyer can and will make will become a play on old racial under currents, trying to get the jury to sympathize with the McMichaels while 'other'izing' Arbaury while hoping for a sympathetic jury to nullify the justified conviction.
They will paint the picture of 'imagine this being your neighbourhood and you know this unknown (black) guy does not belong. Can you not understand, given our history with them (blacks), how this could happen and could you not see this guy (McMichaels) being your son, trying to do the right thing? Is it really worth putting your son (McMichaels) in jail over someone like him (black)'.
Jury nullification for citizens and police who have killed minorities unjustly has been the main defense weapon and very successful in the past. You ask the jury to make a value judgment of 'what was really lost (just another black guy who seemed suspicious'), and 'do you want to put in jail our sons (McMichaels), for that?'