Originally posted by Raptor22
in my opinion the first hurdle the defense will have to cross is the burglry part. One of the main parts is intent. As far as i know he didnt steal or vandalize anything and he left of his own accord. Proving (not assuming) his intent will be hard enough but proving the witnesses had proof (not assuming) to his intent at the time seems near impossible.Why is this important?
From what ive read for a Georgia citizen arrest to be legal a felony had to have occured.
https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-4-60.html
Georgia Code Title 17. Criminal Procedure § 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"
The next will be the "in the presence of or within his immediate knowledge" part.
Im unsure of the exact timeline of events. I dont know how long the time span is between events such as when the witness saw Ahmaud enter/exit and called the police, how long after that others were alerted, what they were told and anything in between.
But even without knowing the exact times and such, i think its a pretty safe bet that they will be large factors in the trial.
So first the defense will have to prove a felony occured, to do that they have to prove burglry, to do that they have to prove intent, then they will have to prove it happened in the presence of or within the immediate knowledge of the witness who had proof/knowledge of intent, then they have to prove the immediate knowledge extends to the father and son and the time between the burglry and the hunt.
In my opinion they're going to have quite a few bridges to cross before we get to the actual shooting.
This was covered in the 3 minutes of video taken in the interior of the home - video evidence that still has not been released to the public. The local news says nothing was taken but only showed 3 seconds of the video - odd since they had the vid for weeks and could have silenced the public outcry.
But proving intent will be easy if he rummages through literally anything. In the court docs, the commentary used the words "first hand knowledge" of the intended robbery which solidifies the lawful pursuit angle. Which is not in dispute.