from
Fox Atlanta:
Cobb County District Attorney Joyette M. Holmes announced the charges at the Glynn County Courthouse at 3:30 p.m. Wednesday. The indictment has nine charges, including malice murder, four counts of felony murder, two counts of aggravated assault, false imprisonment; and criminal attempt to commit false imprisonment.
Under
GA law:
2014 Georgia Code
Title 16 - CRIMES AND OFFENSES
Chapter 5 - CRIMES AGAINST THE PERSON
Article 1 - HOMICIDE
§ 16-5-1 - Murder; malice murder; felony murder; murder in the second degree
GA Code § 16-5-1 (2014) What's This?
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
(d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
And for
false imprisonment:
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES
§ 16-5-41 - False imprisonment
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
To the last charge I'll repost the current GA law on
arrests by private persons:
2010 Georgia Code
TITLE 17 - CRIMINAL PROCEDURE
CHAPTER 4 - ARREST OF PERSONS
ARTICLE 4 - ARREST BY PRIVATE PERSONS
§ 17-4-60 - Grounds for arrest
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
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.
Since we already have multiple video of Arbery in the property and running from the scene, the defense can make a reasonable argument of "reasonable and probable grounds of suspicion". Note that suspicion
does not have to be right. So I can see a reasonable and unbiased jury tossing this charge. However; given the current climate, particularly in Georgia, I seriously doubt we will have a "reasonable jury".
I believe the "malice murder" is going to stem from the false imprisonment, but I certainly cannot say. I think that charge will hang on how this part is determined by the jury:
" Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart."
Certainly the defense will argue that Arbery charged the defendant and therefore there was "provocation". The state may counter that Arbery was within his right to "provoke" the defendants because he feared for his life. The defense will likely counter with the alleged trespass.
No doubt the state will use the "fucking nigger" comment after the fact to try to establish an alternate motive to the defendants. We shall see.
