Branca: Arbery Case Has a Real Possibility of Acquittal

[No_Regerts]

true, was just referring to the rifle but in full context I agree a proper sling is better for retention than a pistol. I should have read back thru your comments but was quick to reply.

 

[solv3nt]

View attachment 1077476

There's something wrong with that picture, I just can't put my hand on it though...

 

[Xaevian]

There's something wrong with that picture, I just can't put my hand on it though...

Shake it more than twice you're just playing with it.

 

[RVTECH]

Rittenhouse said he would have preferred a handgun, as the rifle interfered with his administering first aid. but it wasn't legal for him to have a handgun.

'Technically' it wasn't legal for him to have a rifle either - remember he was charged with MIP but that was dropped.

It was probably a matter of convenience he had the AR over a handgun and, as he said when testifying, he said he got an AR-15 because "it looked cool".

 

[solv3nt]

'Technically' it wasn't legal for him to have a rifle either - remember he was charged with MIP but that was dropped.

I was under the impression the charge was "minor in possession of a short barrel weapon". I may be confused, but I believe that's why they dropped the charge. Depending on the state, it is legal for a minor to possess and or use a firearm in a lawful situation. For example, hunting.

I'm not familiar enough with the gun laws in the particular state to be able to speak to the legality of it.

That said, there is no federal statue regarding the "ownership" of a long gun assuming that it was conducted within a state that doesn't have universal background checks.

 

[RVTECH]

I was under the impression the charge was "minor in possession of a short barrel weapon".

From an article:

Rittenhouse's AR-15-style rifle was not short-barreled, and that is why prosecutors asked for the charge to be dismissed. Initially he refused, but Bruce Schroeder did ultimately dismiss the gun charge.

 

[solv3nt]

From an article:

Rittenhouse's AR-15-style rifle was not short-barreled, and that is why prosecutors asked for the charge to be dismissed. Initially he refused, but Bruce Schroeder did ultimately dismiss the gun charge.

Yup, I was only halfway listening while I was working.

 

[baker3gun]

This isn't what happened, They tried to detain and arrest him. They had him "trapped like a rat". Trespassing isn't a felony stop and does not warrant drawn guns.

Koolaid.

No evidence was ever presented that the convicted residents had any intent to restrain or confine Arbery.
There is reasonable evidence that the residents wanted to ID, talk, ask, slow down, confront, delay until police arrived, etc,
but there is no hard evidence or proof that the residents intended to physically restrain or incarcerate.

Pointing a gun at someone and telling them to stop doesn't always work. Sometimes the person just leaves anyway.

Long street, unfenced lawns, deep lots.
Arbery was on green grass when he decided to change course and assault TM in the road.
If TM was at 270°, the entire available field of travel spanned 300° around to 180°. Plenty of places and room to do anything but turn and run at the guy with a gun.

"Trapped like a rat."
You actually said that.
LOL.
He coulda just ran or walked or crawled away in any number of directions.

If he had, it is extremely unlikely that TM would have shot him.

Neighborhood residents following and speaking to a trespasser is not a felony stop.
In fact, no citizen arrest is a "felony stop."
It's just people and more people.

The shotgun wasn't drawn, it was carried.

Having watched your content here for years, I am aware of your capacity for critical thought.

In this instance, dismantling your hot opinions is child's play.

You okay bud?

 

[OldBroad44]

'Technically' it wasn't legal for him to have a rifle either - remember he was charged with MIP but that was dropped.

It was probably a matter of convenience he had the AR over a handgun and, as he said when testifying, he said he got an AR-15 because "it looked cool".

It is legal for anyone over 16 in Wisconsin to have a rifle as long as it isn't a short barreled rifle. However, you have to read the law in detail including exceptions to realize that, and Rittenhouse did not realize he was legal to own a rifle. So the MIP charge was dropped. Rittenhouse went into store hoping to get a shotgun, but they didn't have any. But they did have ARs, and they looked cool so he went for an AR. So Dominick bought it and kept it and Kyle only used it when he went to range with Domenick. The idea was Domenick would sell Kyle the AR when he turned 18. Neither realized Kyle was legal to just own the gun outright himself at this point. In testimony Kyle said he would have preferred a handgun because a long gun was in the way when he did first aid, but he couldn't have a handgun because of age. Its possible that two or maybe all three of those who attacked Kyle would not have done so if he was carrying a nice discreet concealed handgun instead of an AR that was vulnerable to being grabbed in a crowd and also probably got him identified as a far right guy.

 

[Tony617]

Yup, I was only halfway listening while I was working.

Yes they spent a lot of time discussing this issue from what I saw on the video recording of the trial.

 

[Koda]

No evidence was ever presented that the convicted residents had any intent to restrain or confine Arbery.
There is reasonable evidence that the residents wanted to ID, talk, ask, slow down, confront, delay until police arrived, etc,
but there is no hard evidence or proof that the residents intended to physically restrain or incarcerate.

Pointing a gun at someone and telling them to stop doesn't always work. Sometimes the person just leaves anyway.

They had guns out. Thats a fact and evidence they didnt just want to talk. They had guns "drawn" when they pointed it at him, by your own words it doesnt always work thank you for validating that fact too. If you just want to talk to someone you dont roll up on them with guns. And by your words "delay until police arrived" is a citizens arrest. The whole case was based on citizens arrest, it was their only and I mean only argument for taking the gun to the fight so to speak in order for them to claim self defense.

"Trapped like a rat."
You actually said that.
LOL.
He coulda just ran or walked or crawled away in any number of directions.

Not my words, quotes are from the dad. https://www.cbsnews.com/news/ahmaud...ael-trapped-like-a-rat-before-fatal-shooting/

If he had, it is extremely unlikely that TM would have shot him.

that I actually agree with, but its moot at this point. Note its not unreasonable for someone whose been trapped or felt trapped to feel their only last option is to fight back.

Having watched your content here for years, I am aware of your capacity for critical thought.

In this instance, dismantling your hot opinions is child's play.

You okay bud?

Thank you, I do appreciate the compliment. Though you havent dismantled any of my opinons in fact, my opinions are supported not just by the evidence but by the jury members too... thats probably the most important part. Grant it, its not unreasonable to disagree with a jury decision now and then but it doesn't help anyone's argument positions.

 

[RVTECH]

Neighborhood residents following and speaking to a trespasser is not a felony stop.

I'll take a wild guess as to what they were saying to Arbery wouldn't pass as 'speaking'.

Personally, If I were to encounter two hollow eyed (and armed) miscreants such as the McMichaels, (who were displaying threatening intentions) and had a clear path of escape I would put distance between them and myself quickly.

My guess is they intimidated Arbery to a point he maybe lost his composure, 'saw red', and lashed out at them. Heck I've done it myself at times, in the past - but never against someone with a gun but regardless it is possible he simply 'lost it' and wasn't going to 'take it' any longer.

 

[VinnieBoomBah]

The 3 prosecuted individuals saw the guy sprinting down the road. Someone called LE. They followed the guy in their neighborhood and tried to communicate with him. It all happened pretty fast.

1 - I'd be telling them over and over to call the cops while I continued to walk or run away from them.
2 - I'd never assault an armed man to attempt to take his gun or punch him in the head.

Arbery had plenty of places to go, plenty of room to run or walk away. Instead, he chose to attack.
If he was tired of running, no prob, just start walking while telling his pursuers to call the cops.

If Arbery had simply kept walking away, do you think TM would have shot him? Be real. Don't imagine stupid stuff. What would have happened if Arbery hadn't attacked TM?

Sniped out the parts I wanted to focus on.

No, it did not "happen pretty fast" They chased him for over 4 minutes before he was shoot. He got away from them several times and they continued to chase him and box him in. They had no right to detain him, no right to brandish firearms, no right to verbally threaten his life
And yes, I think that if Arbery had kept walking one of them would have shot him anyway or hit him with one of their vehicles.

There is no need to imagine anything. Their testimony under oath is what convicted them. Seeing it any other way is where 'imagination' comes in to play

 

[RVTECH]

If Arbery had simply kept walking away, do you think TM would have shot him? Be real. Don't imagine stupid stuff.

It's not 'stupid stuff' to imagine he just might HAVE shot him. Look at some of the idiotic things people do with guns when they are in fear of something, or feel threatened - and by UN-armed people.

I have been around people similar to the McMichaels. Some displayed such extreme prejudice and hate I don't know what they were capable of but i can honestly say they ain't the types I wanted to be around much - if at all.

 

[RX-79G]

Seems a bit 'over the edge' to assemble a hit squad to kill white defendants, doesn't it?

WTF are you talking about?

 

[RX-79G]

The homicide happened after the suspect attacked one of the people who were trying to engage the suspect.

After chasing the subject in multiple vehicles and then getting out of the vehicle with a weapon while being covered by another guy with a weapon, you think that the subject should then presume this isn't an escalation headed toward violence?

In a lynching state, no less.

 

[Koda]

Here's an interesting observation on this trial. There were 9 charges against 3 men, that's 27 separate charges collectively for the jury to decide on. The jury deliberated for nearly 12 hours
That's an average of .4 hours to deliberate each count per person individually.

 

[monkeybutler]

After chasing the subject in multiple vehicles and then getting out of the vehicle with a weapon while being covered by another guy with a weapon, you think that the subject should then presume this isn't an escalation headed toward violence?

In a lynching state, no less.

If I were in his shoes I would assume that the pickup truck full of armed angry sons of the soil chasing me were going to kill me. Any reasonable person would.

 

[VinnieBoomBah]

If I were in his shoes I would assume that the pickup truck full of armed angry sons of the soil chasing me were going to kill me. Any reasonable person would.

And than there was this . . .

Travis McMichael’s Confederate License Plate Deemed Fair Game in Arbery Trial

A photo of the flag on the truck involved in the fatal chase of the 25-year-old Black man will be discussed in the trial of the three white men charged with his murder.

www.thedailybeast.com

 

[GWS]

Why don't whites care that they are mostly murdered by whites?

Kinda sorta racist to observe one and ignore the other, isn't it?

Who says whites don't care?
It would only be a racist/hypocritical question if whites were rioting under a White Lives Matter banner.