Woman shot and killed hit and run driver

Discussion in 'Georgia In the News' started by Rugerer, May 10, 2019.

  1. Rugerer

    Rugerer GeePeeDoHolic

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  2. atlsrt44

    atlsrt44 Well-Known Member

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    I dont see this going well. Especially not in clayton county
     

  3. mb90535im

    mb90535im Well-Known Member

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    Under GA law did she have legal justification for a citizens arrest? I don't think it will go well for her either.
     
  4. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Hmmm - wonder how the prosecution would have viewed it if she was a law enforcement officer...

    I mean we've all seen plenty of felony stops where someone gets stopped by officers with guns drawn because of a hit & run, reported stolen car, etc.

    I get the problem with the situation if she simply shot the guy when there was no altercation and then called 911 claiming that he pulled the trigger during a struggle.
     
  5. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Well, in GA citizens can make arrest (commonly done in retail theft situations since store security is not typically active law enforcement). I think for her the situation is going to hinge on if the resulting shooting was self-defense as a result of the altercation from the stop/arrest or something like voluntary manslaughter.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    When I heard the story on WSB news radio, it sounds like she was doing a de-facto (but not announced as such) citizen's arrest. Not self-defense.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    . Why not?
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    O.C.G.A. § 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.
     
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  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    And -61
    (a) A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided in Code Section 17-4-62, or deliver the person and all effects removed from him to a peace officer of this state.

    (b) A peace officer who takes custody of a person arrested by a private person shall immediately proceed in accordance with Code Section 17-4-62.

    (c) A peace officer who in good faith and within the scope of his authority takes custody of a person arrested by a private person pursuant to this Code section shall not be liable at law for false arrest or false imprisonment arising out of the arrest.
     
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  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    and -62
    In every case of an arrest without a warrant, the person arresting shall, without delay, convey the offender before the most convenient judicial officer authorized to receive an affidavit and issue a warrant as provided for in Code Section 17-4-40. No such imprisonment shall be legal beyond a reasonable time allowed for this purpose; and any person who is not brought before such judicial officer within 48 hours of arrest shall be released.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What color was the man she killed?

    She is white. This is Clayton County. That is probably going to matter. I won't say that the jury will convict her just for being white, but whites shooting criminal blacks is frowned upon in certain segments of society, many segments of which happen to be living in Clayton County.

    I doubt she would have been charged across the border in Fayette County.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    . "An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge."

    Ignore the warrant part.

    Compare and contrast. Discuss.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I think the issue here is NOT the arrest. It is whether pulling the trigger was justified.

    The woman is claiming HE pulled the trigger.


    Witness Nicole Jackson said she saw Payne fighting with Herring, telling him to get out of the car.

    “All of a sudden you hear a ‘pow,’ and she got on her phone immediately and was like, ‘He pulled the trigger,’” Jackson said.​
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I don't hear anything at all in that news story or from the police justifying any charges, much less murder.

    The theme of the story is basically, don't arrest anybody, wait for the police. Well, that is not the law, which I posted above.

    The only issue is whether the shooting was unjustified, and there is literally NO information sufficient to make any determination from the information available in that news story. Wild speculation.

    Did I hear the video correctly, the judge gave her no bond? Why? Based on what?

    I would NOT want to fall victim to the Clayton County criminal justice system. I have seen it operate up closely a few times.
     
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  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I read several news stories. The Major says they have sufficient evidence for the charge, but he will not say what the evidence is.
     
  16. atlsrt44

    atlsrt44 Well-Known Member

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    I'm thinking he was black. She is screwed
     
  17. Rugerer

    Rugerer GeePeeDoHolic

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    In this story, AJC is quoting lawyer emphasizing signs of struggle.

    https://www.ajc.com/news/crime--law...d-man-285-after-crash/K1Ht2xXOUoB348wnD1JtaL/

    Was he in the wrong?

    Did she have a right to be where she was, confronting someone breaking the law?

    If there was a fight, who started it?

    Do those questions matter?
     
  18. mb90535im

    mb90535im Well-Known Member

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    Temporary confusion/brain fart on my part. I was mixing up citizens arrest with justified use of deadly force to protect others, which I think does have far more narrow leeway of justification in GA.
     
  19. mb90535im

    mb90535im Well-Known Member

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    Related question, I'm assuming the charge of resisting arrest would apply whether the arresting person was a LEO or private citizen? Seems like most arrestees would be more.likely to resist a citizens arrest.
     
  20. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    In the end it is going to come down to what happened after she stopped him. Following, stopping him, and affecting a citizen's arrest isn't against the law. Some people will debate the wisdom of the act, but the legality shouldn't be an issue. In the end, the legality of the shooting will be based on whether or not it was self-defense. I don't think she will be able to claim that her shooting of the hit & run driver was to prevent him causing an imminent forcible felony on someone else (defense of others).

    I would have to read the law, but I've never heard of anyone being prosecuted for it, so related case history would be interesting. The most likely scenario would be retail stores, where they attempt to stop suspected shoplifters. However, if the shoplifter escapes from the citizen arrest, they may never be caught so there will be no prosecution. Most stores won't allow their employees or hired security to use force to detain the shoplifters.