Because you guys know I’m a criminal defense attorney, some of you have asked for my take on the death of Ahmaud Arbery. 1/ https://twitter.com/harry1t6/status/1259336343760625667

Every state has their own specific criminal laws. I am not familiar with Georgia’s laws at.

I can tell you that the shooter was charged with “felony murder” - meaning a death happened during the commission of another crime. The death need not be intentional. 2/

By now everyone has seen the video and has their own takes.

From my perspective, let me first say that no one should have died that day. 3/

The shooter will probably argue self-defense. I am assuming (but do not know) that is a defense to felony murder in Georgia. 4/

The shooter’s attorney will likely use the video to argue: (1) Mr. Arbery advanced toward him; (2) Mr. Arbery tried to take the weapon; and (3) the first shot was not fired until after both of those things. 5/

Is this enough for self-defense? My experience tells me no. Here’s why. 6/

First, I think it’s going to be very difficult to convince a jury that the shooter “reasonably” believed force was necessary to prevent death or great boldly injury. Here’s GA’s self-defense statute. 7/

I expect the prosector to respond with what we don’t see in the video:

The shooter and his father followed Mr. Arbery. They stopped their vehicle in the road so as to confront Mr. Arbery and engaged him armed with weapons. 8/

Indeed, Georgia’s self-defense provision also provides that a person is *not* justified in using force if they provoke the situation. 9/

I do not know how Georgia’s “citizen’s arrest” law (which imo should not exist) plays into all of this.

I think the video that shows Mr. Arbery at the construction site has very little probative value to a claim of self-defense. 10/