unless he went into the structure with the intent to commit a crime then it would be burglary.

Questions the prosecution could ask that cannot be used to save the assailants....

Were you in any danger on your own property?

Did the deceased have a weapon at any time??

Did you leave the safety and security of your property to encounter the deceased??

Summary...
You left safety and security to confront the victim and were armed and outnumbering the deceased off your property. You created a volatile and hostile situation. Guilty.

Ga law does NOT permit citizens arrest where wielding a firearm or use of force. They did both.
Ga law does not allow you to create a volatile situation against another.
Stand your ground is NOT applicable when you run someone down.

Regardless what happened before the confrontation, these two started it all. They lied about reported break-ins the past months, they lied about the jogger breaking in and stealing. They lied about him. They lied about following him.

Yes, you are correct. But intent would have to be proven in a court of law, something that did not happen.

He's ^^^ right you know.

Summed up very well.

TRUTH.

you sure about that? How exactly is a citizen in GA gonna arrest someone?

from skullys article
“What courts have interpreted it to mean is that you can only use the amount of force that’s reasonable to detain a person under the circumstances,” Bowen said.

“What courts have interpreted it to mean is that you can only use the amount of force that’s reasonable to detain a person under the circumstances,” Bowen said.

which i believe is from Patel vs U.S.

Geez. Don't bring facts and law into something that should be handled by assumptions. C'mon.

OCGA 17 -4 -60 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 .”
OCGA 16- 11- 126 ) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his orher home, motor vehicle, or place of business without a valid weapons carry license. (b ) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.”
OCGA 16 - 3 - 21 Use of Force in Defense, once confronted with a deadly force situation an individual is allowed to use deadly force to defend themselves or others
OCGA 16 - 3- 23 . 1 Georgia' s No Duty to Retreat Law , an individual is not required to back away from or submit to an attack;
OCGA 16 - 3- 24 [b ] The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
OCGA 16 - 3- 24 .2 A person properly and legally defending themselves is immune from prosecution

Here are the valid GA statutes governing the situation as listed in the links I posted on page 4 of this thread. These are straight out of the DA's recusal letter. The shooter's problem is 16-3-24 and the prosection's problem is 16-3-24.2. No force whatsoever was used until the decreased ran from the right side of the road directly at the individual on the left side of the truck and tried to take the weapon from him. Had they not been following him, nobody would have been shot. Had he not insitigated the physical confrontation and they just rolled up on him and shot him on the side of the road, then it would be open and shut. But that is not what happened. Because the deceased insitgated the phyisical confrontation, it is now a "chicken and egg" situation IMO.

Wouldn't 16-3-23 mean going for the gun was okay?

No matter how hard you try to spin this Abb, no. Based on the video I saw, the driver of the truck assumed a position in front of the driverside quarterpanel on the truck and did not approach the black guy. The deceased was on the right side of the truck and proceeded toward the eventual shooter. The shooter did not appear in any way to attack, move towards or lay hands on the deceased. What caused him to cross in front of the truck and get into a physical confrontation with the shooter over the gun, we will probably never know. Fact is, had they not followed him, it never would have occurred. Unfortunate situation. I think that regardless of the law or actual circumstances of the encounter, the two white guys will be convicted. They have to be in order to keep the riots at bay.

I would think Shooter’s problem is OCGA 17 -4 -60

Stupid all around absolutely. Flight equals guilt why did Arbery run the first time instead of "Hey great weather huh?" So they pursue block younger Mc gets out shotty in hands Arbery lunges struggle Boom and repeat. Totally stupid but if that shotgun has Arberys fingerprints and gsr on his body they can be exonerated. Now have I sniffed to much burnt 231 maybe but I think this will be pled down. Remember Glynn county is home to Fletc(pronounced fleetcee) Federal law enforcement training center that blue line runs deep and wide down there.

I guess I was thinking the following and confronting him would be fairly easy for a lawyer to spin into believing he was under attack?

not if they seen him burglarizing that house

"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."
Is trespassing a felony? Serious question.

I guess that’s the question. If he didn’t have stolen property in his hands, and he didn’t break and enter, what felony did they perceive? I’m not a lawyer or exactly familiar with what constitutes a felony, but walking around in a house under construction then running off, doesn’t seem to scream “get the guns boys lets roll”.

no, but entering the property with intent to commit a crime is burglary

letter from DA

Third
It appears Travis McMichael,Greg McMichael, and Bryan William were following, in
pursuit burglary suspect, with solid first hand probable cause, in their neighborhood, and
asking/ telling him to stop. It appears their intent was to stop and hold this criminal suspect until
law enforcement arrived. Under Georgia Law this is perfectly legal,
OCGA 17 -4 -60 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 .”