The reason why he told the son to get his gun and the reason why he bought his own gun was because he thought this was the same guy that stole the gun from his car so he could have been on.

The problem is he had no idea.

I worry very much that any of that that existed three months ago doesn't exist anymore and the biggest travesty here with respect to law enforcement actions is what it might have caused this investigation in evidence.

Hello and welcome to the best case worst case. This is Jim Clemente, retired FBI profiled former New York City prosecutor and writer producer of CVS's criminal minds. And with me today is...

Hi everybody it's francey hakes former state and federal prosecutor Jim. I think we should just get right back into talking about this grim case and all the developments.

Yeah it is continues to be a very very sad and disturbing situation and some of the things that have come out and some of the developments that we've seen have been exacerbating emotions on both sides of this issue.

And Jim this looks to me like at minimum they were committing an aggravated assault and just so people are aware in Georgia aggravated assault is defined as putting someone in immediate fear of getting an immediate serious bodily injury.

It's funny because most people think it's the actual physical touching of someone or hurting someone that's actually a battery.

The assault is just putting someone in the fear of it and when you do it with a weapon that's an aggravated assault which is a felony in Georgia.

And so certainly our worry would have perceived that these people represented a threat to them at minimum at best in this scenario.

They were shouting at him to stop and they were both armed and at some point that shotgun was pointed at him.

It's very difficult to know exactly how that happened and that'll be part of their defense.

But regardless of how it got pointed at him they were shouting at him to stop and presenting themselves to him with a shotgun and trying to get him to stop which certainly meant he had every reason to think he was about to be the victim or was the victim of an aggravated assault.

And the McMichael's defense thus far has been all about sort of burglary and trespassing. So let's talk about the videos Jim.

All right. Before we get there I just have to again one more thing in my review of the video.

Most of the time when I first looked at it I was focusing on Travis McMichael's the son and eventually I was drawn more to the father.

And I realized that when you look at his behaviors that it appears as though he may be impaired.

First of all he's not driving. Secondly he's in the back of the pickup whether he was in the passenger seat and then got out and climbed into the back I don't know.

But for some reason he's in the back maybe it gave him a better view.

Well that's what makes this look most like a horrifying posse by the way.

Exactly. And then and which is why some people are saying that it's a lynching because it looks as though there was some pre planning and some set upon this guy rather than let's go investigate.

Yeah that's only just as an aside that's my biggest objection and all this and why I've taken some heat from some of our listeners because I just object to the term modern day lynching until we understand intent.

...