- Travis McMichael guilty of malice murder [top charge] and four counts of felony murder, along with several other felonies.
- Greg McMichael guilty of four counts of felony murder, and several other felonies
- Roddie Bryan guilty of three counts of felony murder
I thought Bryan had a reasonable shot with the claim that he didn't know the McMichaels were armed or would shoot anyone. But this general outcome was expected by anyone who actually watched the trial.
Let's break this down a bit: THREAD
This was actual vigilantism. Georgia's [then-existing] citizen's arrest law was horribly written, but obviously did not authorize the armed pursuit of [at worst] a misdemeanor suspect no one actually saw commit said misdemeanor, for the purpose of "questioning" him.
Because there was no lawful authority for such a pursuit and attempted detention, they were committing several serious felonies against him, whilst openly carrying guns in a way that, under the circumstances, arguably constituted unlawful threats or brandishing.
You don't get to commit felonies against someone in a way that reasonably causes the person to feel threatened, and then claim self-defense when you shoot him for defending himself against your unlawful actions.
So how is this different from Rittenhouse? Rittenhouse committed zero felonies against Rosenbaum. Even if he HAD done so, he regained his right to claim self-defense by fleeing 40+ yards to remove himself from any world in which Rosenbaum was plausibly defending himself.
Rosenbaum, instead, unlawfully pursued and threatened Rittenhouse. Moreover, both in theory and under state law, Rittenhouse's open carry of a firearm cannot constitute the act of brandishing or be considered some specific unlawful threat of violence.
For comparison with the Arbery case, let's assume for argument that Rittenhouse was even the initial unlawful aggressor, the same as the McMichaels. The similar scenario would be if they got back in their trucks and drove off and Arbery pursued them while yelling threats.
And then the McMichaels come to a stop sign and Arbery reaches for Travis' gun while saying he's gonna kill him. This now becomes an entirely different legal analysis where the McMichaels reasonably withdrew and Arbery is now the unlawful aggressor.
But again, I think it's clear that Rosenbaum pursued Rittenhouse on his own, without any actual [in a legal sense] provocation from Rittenhouse. It was always a pure self-defense case, while the McMichaels' case was predicated on the initial pursuit being lawful [it wasn't].
I want to be clear on the difference in open carry in both cases. Context matters. Merely existing in public with an openly carried firearm is not synonymous with brandishing or threatening. Having hands on the gun in low-ready while chasing a man down and demanding he comply IS.
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A number of people have asked about this shooting in Lubbock, Texas, for which video was just released showing the confrontation from two angles. Here's the tl;dr - there is a pretty strong case for criminal charges against the shooter. THREAD kcbd.com/2021/11/24/att…
In Texas, the use of deadly force is only justified “when and to the degree the actor reasonably believes the deadly force is immediately necessary” to protect against another’s unlawful use of deadly force, or to prevent the imminent commission of specific violent felonies. 1/
The use of deadly force in defense of property is justified only when immediately necessary to prevent the imminent commission of serious crimes like arson, burglary, or robbery – note, trespassing is not included. You can't shoot or threaten to shoot trespassers without more. 2/
(1) The framing of basic facts here is appalling. This wasn't a peaceful protest. Those ended hours earlier. By the prosecution's own admission, at the very least Rosenbaum - had he lived - would have been prosecuted for his actions that night.
(1)(cont.) Grosskruetz was himself armed with a gun. The whole thing is taking place in front of a minority-owned car lot that's actively being destroyed, during riots that cause $50 million in damages, and begins with Rittenhouse trying to put out an intentionally-set fire.
How are we still playing this game? First, I reject that premise that Rittenhouse "instigated contact" because the video evidence shows him actively running away while being chased, while the contextual evidence is that *no one* should have been there under those circumstances 1/
But let's do this. Right in the thread of dozens of cases is that of Tony Bristol, who killed one unarmed man and nearly killed a second, with a gun he indisputably could not legally possess as a felon but brought his night club security job. clarksvillenow.com/local/verdict-… 2/
Bristol claimed the two men confronted him over an ongoing dispute, he tried to leave, and they engaged him. He claimed he believed they were armed and he reasonably feared imminent danger. 3/
I mean there are text messages that night reasonably inferring she was going to his house specifically to kill him. That's...really damaging to a self-defense claim. It's *still* possible that she did, in that moment, still act in lawful self-defense. But much more complicated.
You can read more below. I want to be very clear - the asshole she killed was a horrible human being who deserved a lifetime of punishment. I have an infinite amount of sympathy for Kizer. She lived through complete hell.
This idea that only white people are allowed to avail themselves of the claim of self-defense, or that they can largely just do whatever and get away with it by claiming self-defense, is absurd: a thread.
Jaleel Stallings was acquitted of multiple attempted murder charges related to him shooting at several St. Paul police officers last summer. He [reasonably] claimed self-defense and that he had no idea these guys were cops.
It took the jury only four hours instead of four days to acquit Stephen Spencer of murder in a white man's death during a race-related dispute. Spencer claimed self-defense.
Again, I think reasonable people can have very different opinions about whether Rittenhouse had any business being there that night. But this always seemed like an uphill battle for the prosecution, even before it made some questionable choices at during trial.
There's also this weird undercurrent of the prosecution spouting off nonsensical things about self-defense and the use of force. For example, on the hand, they argued that if you're the one with a gun, you're obviously the provocateur and lose your right to claim self-defense.