Posted on 04/12/2012 6:43:08 AM PDT by shortstop
George Zimmerman is guilty.
Of something.
But I’m not sure it’s second-degree murder.
Unless there is some bit of evidence we don’t know about, unless there is some smoking gun out there, there is nothing in the Florida statute on second-degree murder that sounds like what happened that night.
The special prosecutor got to strut for the cameras last night, but if she can’t deliver the goods, and there is an acquittal, there is going to be hell to pay – and riot police are probably going to get called out.
In a case that has turned out to be more about race politics than the events on the sidewalk of a Florida subdivision, you wonder what last night’s announcement was really about. Was it mollification? Was it the considered opinion of a veteran prosecutor? Was it the first step in a political lynching?
Time will tell.
But here’s what the law book says.
In Florida, there are two ways a person can be guilty of second-degree murder.
In the first, someone has to be killed by someone showing “a depraved mind.” There must also be the perpetration of an act “imminently dangerous to another.” If those two factors exist, without premeditation, in Florida, that’s second-degree murder.
In the second, someone has to be killed by someone who is committing another felony crime. That list of specified felony crimes runs from arson and kidnapping to aircraft piracy and aggravated stalking. But none of the specified crimes – including terrorism – is anything like what George Zimmerman did that night. Specifically, he has not been accused of any other felony crime, so he could not be charged under this part of Florida’s second-degree murder law.
Which gets back to the first part.
Did George Zimmerman commit an act “imminently dangerous to another” and did he do so with “a depraved mind.”
It is clear that shooting a gun at someone is an act that is “imminently dangerous.” But did George Zimmerman fire the gun with “a depraved mind?”
That’s harder to say, and maybe impossible to prove.
Was it “depraved” for a Neighborhood Watch guy to follow a young man down the street? Unwise and ultimately tragic, yes, but depraved?
Not in most dictionaries.
And then there is the aspect of self-defense. If George Zimmerman makes the argument that he was repelling an attack he thought endangered his life or limb, the whole situation changes. The prosecution would have to not only show that George Zimmerman was not in danger, and that no reasonable person would consider themselves endangered in that situation, but that he had a depraved mind.
Unless there’s evidence that we don’t know about, that goes to Zimmerman’s state of mind, that’s a very high standard for the prosecution to meet.
That phrase “beyond a reasonable doubt” is a purposefully difficult level of evidence.
In this case, we only have one version of events – George Zimmerman’s. We can’t presume he is being truthful, but the prosecution will have to affirmatively prove that he is being untruthful. And that will be hard, largely because Trayvon Martin is not here to tell his side of the story.
According to press accounts, a witness verifies Zimmerman’s claim that Trayvon was on top of him hitting him. The enhanced video from the police station shows an injury on the back of his head.
Those things, though not conclusive, are supportive of George Zimmerman’s version of events.
And in the absence of another theory, and evidence to support that theory, you’re not getting to “beyond a reasonable doubt.”
There are practical aspects of trying this charge that will be difficult and disruptive.
How, for example, do you seat a jury?
And what will the racial makeup of that jury be and will that ratio be satisfactory to the people and activists who have been shouting for justice? In the blood lust that is masquerading as justice, how does a trial on this charge lead to anything but chaos?
If George Zimmerman is acquitted, as there seems to be a fair chance he will be, is there a possibility of racial upset or riot? It’s happened before, more than once.
Have we just found this generation’s OJ trial? Have we just found this generation’s Rodney King?
I will trust that this prosecution is not political. But I will have my doubts.
Don’t get me wrong.
It’s George Zimmerman’s fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.
There is clearly reckless endangerment here, and maybe there is some species of criminally negligent homicide or maybe even a manslaughter. But murder, that’s unlikely, and even less likely of being proven.
So we got headlines last night.
And a show trial sometime down the road.
But after that we may have uncorked hell.
[[It’s George Zimmerman’s fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.
The stupidity exhibited in this statement is enough to take one’s breath away.]]
It most absolutely is beyond stupid- astonishingly stupid infact- I guess, according to the writer, that white folks should just stay home so that nothign bad ever happens with aq black person outside the home? Brilliant!
The ONLY thing that would have resulted in Trayvon Martin being alive today was IF Trayvon simply walked on home and did NOT punch geroge zimmerman in the face, breakign his now, then slam zimmerman’s head agaisnt hte ground in attempt to murder him
Either one could have happened -- we don't know -- and that's the point.
"good evening, everyone. i'm angela corey, the special prosecutor for the trayvon martin case . just moments ago we spoke on the phone with sybrina fulton and tracey martin. we told them weeks ago that we would get answers for their questions no matter where the quest led us. and it is the search for justice for trayvon that has brought us to this moment. the team here with me has worked tirelessly looking for answers in trayvon martin's death."
"When we charge a person with a crime, we are equally committed to justice on their behalf as we are on our victim's behalf. so we're here to do that on behalf of our victim, trayvon martin, and on behalf of the person responsible for his death, george zimmerman." http://i2.cdn.turner.com/cnn/2012/images/04/11/angela.corey.speech.pdf
Clearly a show for the Martins and the race baiters. I guess we'll have to wait and see why.
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You started your post talking about the "facts" presented so far.....please tell me where the "fact" of Martin following Zimmerman with plans to take him down was presented and by whom.
I'm not 100% certain of who is,in *fact*,responsible but at this point my hunch is that Zimmerman was justified.
IMHO, there's a distinct difference. During the R King episode there wasn't all that much of a support group for the cops. With Zimmerman/Martin there has been much more side choosing along racial lines.
That scenario doesn't quite square with this assessment of Florida's 10/20/Life Law. The way I'm reading it, any conviction will require 25 years at a minimum. Unless the prosecution has something good, I can't see a jury convicting him.
The PF9 pistol and it’s sounds that might be heard in background on tape of Z’s call to operator. http://www.youtube.com/watch?v=E7R8YBayEzs
If it is determined that Zimmerman was acting in self defense that will certainly have been the case.
It’s George Zimmerman’s fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.
There is clearly reckless endangerment here, and maybe there is some species of criminally negligent homicide or maybe even a manslaughter. . . . . . .
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IT IS NOT GEORGE ZIMMERMANS FAULT that Travon Martin is dead, it is Travon Martin and his parents fault. Who lets their 17 year old child out at 1 or 2 oclock in the morning when he is suspended for having drugs? If his parents had done even the minimum in responsible child rearing Travon would be alive and well learning how to not get in trouble and how to stay off drugs.
IT IS NOT GEORGE ZIMMERMANS FAULT that Travon Martin is dead, but a lot of blame can go to the same black community that is raising Hell about his death. The black community thinks they have to be different, they glorify Hip-Hop, they glorify black on white crime, they glorify most crime if it is against whitey.
IT IS NOT GEORGE ZIMMERMANS FAULT that Travon Martin is dead, more than anybody else it is Travon Martins fault for trying to get even with a person who was watching him to see if he was up to no good. If Martin had not found Zimmermans gun and tried to take it away He would still be alive bragging about how he beat up this “old white guy”. If Zimmerman had not had his gun with him he could indeed be dead.
Charge Martin, his parents and the Black community.
Zimmermans treatment is an outrage. He was a pleasant little guy trying to keep his community safe. He was trying to protect his neighbors, he wasn't out to hurt anybody just get them caught. We need more Zimmermans, we don't need anymore Travon Martins.
Trayvon Martin 911 Calls - 8 Total Compilation http://www.youtube.com/watch?v=SO0oyDFS4Jo
One day in jail is too much. Zimmerman is locked up; the sewage that put a bounty on his head is running loose...
Dems supporting King, repubs supporting cops because they were racist.
It wasn’t 1 or 2 in the morning, rather a little past 7 pm.
What do you mean by “showing the pistol on his belt”?
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How could possibly have an informed, unbiased opinion about this and not even know the most basic facts? Zimmerman followed martin a little after seven...not one or two in the morning.
Sorry, my bad. I read some one elses comments that it was 1 or 2 on the morning, maybe that is when Zimmerman was released.
If she had asked for manslaughter, the race baiters and MSM would have gone batsh*t.
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