Jimmy Higgins
Contributor
- Joined
- Jan 31, 2001
- Messages
- 47,184
- Basic Beliefs
- Calvinistic Atheist
Is there video I'm unaware of? I saw him enter the building and leave. Couldn't see what he was doing. And if he was looking at the electrical work... what is the need to dart away from the building?He was hoping to be an electrician. I don't see him look around for tools but look instead at studs, etc. where he might be looking at electrical work.
He had to be witnessed committing a FELONY for it to be legal for a citizens arrest. I don't know if a citizen's arrest while armed is legal (though the asshole DA didn't see anything wrong with it). Even if the guy had stolen something (he didn't), that doesn't elevate to a felony (well... this is Georgia... ???), so yes, the attempted apprehension while armed is undoubtedly assault!From my link:Assault is also any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence. Threatening to beat up someone or to “break your arm,” when said in a menacing or angry manner, is assault if it appears that the assailant has the ability to carry out the threat and the victim believes or could reasonably believe that he is about to be struck or injured.
Aubery would only have considered they were trying to make a citizen's arrest if a) he had done anything criminal in nature and b) if his murderers had actually said: We're making a citizen's arrest and holding you here until the police arrive.
And that is ignoring the whole pulling the trigger (3 times) thing.