Previous Georgia county prosecutor and Fox Nation host Nancy Grace stated that the legal defense apparently being declared by two defendants in the lethal shooting of Ahmaud Arbery need to never hold up in court.
On Friday, Travis McMichael, 34, and father, Gregory McMichael, 64, appeared in court and were denied bail, after being charged with murder and exacerbated attack charges.
Cops state the dad and son, both of whom are white, shot and eliminated Arbery, who is black, while the 25- year-old was jogging through their property neighborhood in Brunswick, Ga., on Feb. 23.
Prior to the shooting, Gregory McMichael reportedly saw Arbery and called 911, claiming that he might be the individual associated with current break-ins in the location.
Gregory McMichael and his child equipped themselves and tracked Arbery down on the road, detectives said. Travis McMichael shot Arbery during the encounter, eliminating him.
” It is simply so difficult for me to take in this series of events and then to claim citizen’s arrest. That is what– we understand– [the defendants] are declaring,” stated Grace in the current episode of Fox Nation’s ” Criminal Offense Stories with Nancy Grace.”
” It is just asinine,” concurred civil rights lawyer Ben Crump, who is representing Arbery’s father. “I know we have actually covered lots of cases and this is one of the most shocking ones.”
At least one regional district lawyer, who has given that recused himself, argued against filing charges in a letter he sent out to law enforcement prior to eliminating himself from the case.
” It appears their intent was to stop and hold this criminal suspect till law enforcement showed up. Under Georgia law, this is completely legal,” Waycross Judicial Circuit District Lawyer George Barnhill wrote in an April 2 letter.
Grace stated that is an incorrect reading of the law.
” That is not the resident’s arrest statute in the state of Georgia,” said Grace, “This will never ever stand up in a law court.”
” It is wrong on a number of different levels. Top, the citizen’s arrest statute in Georgia says that in order to make a person’s arrest, a personal citizen must have a warrant.”
” Nevertheless, there are exceptions for that– one is if the private person witnesses an offense of state law that is committed … in their immediate existence. Based on everything that I have actually seen on the report, they can’t even surpass the very first difficulty, which is they didn’t see this boy dedicate any type of offense.”
In his April 2 letter, Barnhill also raised the concern over whether Travis McMichael may have eliminated Arbery in self-defense.
Again, Grace dismissed that legal theory.
” Even if what they said holds true– that he looked like someone that they believed was a burglar,” argued Grace, “that still does not validate fatal force.”
” Since when someone is running from you and you pursue them, there’s no claim of self-defense. Even polices are not entitled now to shoot a fleeing felon unless they’re presuming a danger.”
To watch all of this episode of ” Crime Stories with Nancy Grace,” and hear more of Grace’s legal reasoning and more from the civil liberties attorney representing Ahmaud Arbery’s daddy, go to Fox Country
Fox News Brie Stimson added to this report.