means you put someone else in fear of injury right uh so it wasn't just that he was filming it's it's right it was the aggravated assault which is a felony and that's then he died so it's felony murder which only emerges i think on the law this is the right ruling and i think that's what most people are saying so i'll just put it this way the the dude was a burglary suspect that was with not uh up for can he was not uh contested but you have in the video that came out two via i think it's two vehicles or maybe just a truck and aubry is seen running towards that truck but you got a guy following behind him so he's not going to turn around he's got to run towards the guy with the shotgun and i'll tell you this between two trucks in fairness he's not limited to the street you could run to the right NUMBER_TOKEN degrees of other directions right he could run in and it's not like the trucks went up on the lawns of properties chasing but if they had been following him for for several minutes he knew they were following him in his mind he may have been like i can't get away from these guys this guy's holding a shotgun my only way out of this is to fight back well maybe but that's not an element of the crimes against them right if he had gotten the gun and shot them and been charged with shooting them and he raised the legal defense of self-defense then the reasonableness of his perception would be relevant but it's it's not relevant with respect to these criminal charges what would your analysis be given given that were the case well it's it's hypothetically yeah no what complicates it is he wasn't just someone recreationally jogging i mean we know this right you'd have to erase your mind of everything else around him that but they're still in the home i know they are and that's you know that just makes proper legal analysis more complicated because there's a lot of misinformation disinformation and if you believe that stuff you come to a different outcome but this guy was in that home repeatedly in the middle of the night this is not somebody recreationally visiting a construction site and and there had been burglaries there had been robberies a gun had been stolen yeah not even a month prior and when when when we say that the mcmichaels uh didn't know exactly what he was doing that day they knew the other stuff and the other stuff can play a role in your assessment of probable cause if a police officer had seen those videos of him there those other times and then saw him apparently leaving the building again that day the police officer is not required to pretend he doesn't know that past experience those past events he's allowed to consider that in coming to a determination of probable cause on that day even if he didn't see explicitly burglar-like activity that they he's seen burglar-like activity from this guy on this property on previous experience so let me ask you and i think the answer is obvious but you being the attorney on self-defense if travis mcmichael who has not been convicted on all counts if he actually was a police officer
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