I get what u are saying
Thats what logic tells you but the criminal standard, the burden is on the prosecution to prove guilt beyond reasonable doubt. Im afraid this case is not open and shut based on the laws on the book in Georgia.
And I gotta add and history tells us that this standard works very well for defendants in high profile cases like this one.
Georgia’s citizen’s arrest
states: “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 operative word is reasonable and probable. Its not correct or incorrect but reasonable grounds of suspicion. If it hinges on that, then felony murder could be thrown out if a jury finds the McMichaels pursuit reasonable under that stupid citizens arrest law.
Self defense is already a complicated thing in the legal ream especially where there is no duty to retreat by the clear aggressor. Like I said this is an interaction of two controversial and complicated laws and is not a slam dunk for a conviction in a criminal trial.
