Skip to comments.Trayvon Martin case: Why hasn't George Zimmerman been arrested? (+video)
Posted on 03/28/2012 3:02:29 PM PDT by 2ndDivisionVet
Why didnt the Sanford, Fla., police arrest George Zimmerman after he shot Trayvon Martin Feb. 26? Thats a question that today is more relevant than ever amid reports the lead investigator in the case thought Mr. Zimmerman should be charged with manslaughter for his actions.
The investigator, Chris Serino, was unconvinced by Zimmermans assertion that he resorted to deadly force in self-defense, according to ABC News. Mr. Serino filed an affidavit to that effect on the night of the killing.
But Serinos superiors, in turn, were apparently unconvinced by Serinos reasoning. They did not take Zimmerman into custody because of two words: probable cause.
The Sanford police said this is why they did not arrest Zimmerman: they did not have probable cause to believe that he had broken the law, writes legal analyst Dave Kopel, research director of the Independence Institute, on the widely read legal blog The Volokh Conspiracy.
Florida Stand Your Ground law would have been legally irrelevant to this determination, according to Mr. Kopel. Florida has other statutes that allow the use of force against a criminal attack, as do virtually all states. Zimmermans story has been that he was doing exactly that: defending against an assault by Martin. In his version of events, Martin knocked him down, then straddled him and pounded his head on the ground. He did not have an opportunity to retreat, he told police.
On the day of the shooting, Sanford police officials determined that they did not have enough evidence to the contrary to detain Zimmerman. Whether they were suspicious of his story would not have mattered. They would have had to produce hard evidence to the contrary. The probable cause criterion is derived from the Constitution...
(Excerpt) Read more at csmonitor.com ...
1. He claimed self-defense, that he was in reasonable fear of serious bodily harm.
2. The evidence at the scene, including his injuries and his clothing, supported his claims.
3. The multiple witnesses at the scene, including several who witnessed him being beaten, support his version of events.
4. The injury to the deceased supports that he was shot while on top of Zimmerman.
5. Based upon the facts, there is no probable cause to believe that Zimmerman is guilty of a crime.
Bought one for a funeral once.
For FReeper Dix, as I recall.
This shooting did not happen in a vacuum. There were witnesses and recordings that backed-up Mr. Zimmerman.
I just love the lynch mob mentality of the MSM. I wonder where Mr. Grier, the author, would be if he was in Mr. Zimmerman's shoes? Especially with a bunch of Lefties and racists calling for HIS head on a pike before all the evidence was collected and evaluated?
It is my contention that Florida’s Stand Your Ground law doesn’t come into play in this case.
If you accept Zimmerman’s word that he had broken off following Martin and was returning to his SUV when Martin approached and made contact with him, this would mean he was already in retreat (not standing his ground), whether out of fear or for any other reason.
Next we know that Martin had Zimmerman on the ground pummeling him. At this point, Zimmerman had no ability to retreat any further due to being on his back and being beaten. He was not standing his ground, he was getting his ass kicked.
SANFORD, FL MARCH 27, 2012 The City of Sanford wishes to clarify a statement made at todays press conference related to the police report on the Trayvon Martin case. A reporter stated that based on the description of the incident on the report, that the officer on scene wished to have Mr.Zimmerman arrested and charged with the Uniform Crime Code listed on the report. That is not accurate.
Why was George Zimmerman not arrested the night of the shooting?
When the Sanford Police Department arrived at the scene of the incident, Mr.
Zimmerman provided a statement claiming he acted in self defense which at the time was supported by physical vidence and testimony. By Florida Statute, law enforcement was PROHIBITED from making an arrest based on the facts and
circumstances they had at the time. Additionally, when any police officer makes an arrest for any reason, the officer MUST swear and affirm that he/she is making the arrest in good faith and with probable cause. If the arrest is done maliciously and in bad faith, the officer and the City may be held liable.
Arrested for what?
The MSM is really picking up on this Chris Serino guy. He wanted to charge Zimmerman, so they’re queuing up at his doorstep for sure. He sounds like he’s pretty loose with talk.
Should always have a barf alert with CSM posts.
The Constitution is a hindrance to the left. They claim to speak highly of it sometimes but like Obama’s claims its just a hollow lie to get themselves elected.
In this particular case their concern is “How dare that latno defend himself from an assault by a black boy?”
If a black boy or man for that matter attacks you, your suppose to curle up and die.
This is true whether your a Latno like George Zimmerman, or a white man. As the Black panthers said our laws do not apply to them.
Yeah, that old “constitution” thingee that they’re trying to eradicate.
(And on this note, you are exactly correct.)
But I think one more thing is in play here: the lingering stench in the air of Mikey Nifong’s still smoking corpse. Mikey clean “forgot” that that old Constitution still has teeth.
Looky here, these guys can arrest Zimmerman AT ANY TIME. Like if they find new evidence, the shooter gets drunk and brags, etc. And I’ll bet a big bunch that George was told, in their best Columbo accent, “Don’t leave town.”
I think they are not going to rush into things like Nifong did, or be bullied into things like Nifong was, that could get them a nickle or a dime, just like Nifong got.
Go slow, be methodical, truth usually bubbles to the top sooner or later.
Because when the police arrived, they found Zimmerman with a bloody face, a broken nose, injuries to the back of his head, and his clothes disheaveled and grass stained. Zimmerman explained that he was attacked by Trayvon and the evidence on his body showed it. In addition, two eyewitnesses who swa part of the fight indicated that Trayvon had Zimmerman down and was beating his head on the ground and that Zimmerman was yelling for help.
Zimmerman, who had a gun, indicated he feared for his life and finally shot Trayvon in defense of his own life.
The evidence and the witnesses agreed...so he was not arrested.
That’s how it worlks in America. now they are investigating further to make sure and if they find anyything substantially amiss in the story, they will convene a Grand Jury to decide if there should be a trial.
That’s what is happening and why...and all of the empotional and politicaly braying by the left, the MSM, and the President himself will not make a difference or change the facts of what happened. All of that is nothing more than a coreogrpahed effort to deflect attention away from Obama and cause a huge furor to do so.
It may influence the public mind, and if the Florida authorities do not clamp down quickly on groups like the New Black Panthers who have come to Florida calling for a million dollar bounty on the head of Zimmerman and for blood, it will lead to more crimes...even worse crimes than the assault Trayvon perpetrated on Zimmerman.
I urge trhe Florida State Law Enforcement to escort those New Black Panthers out of the State or arrest them for thier threats and conspiracy to break the law and either kidnap or harm Zimmerman.
The Man who Despises America
America at the Crossroads of History
As Mr. Zimmerman violated the tenets of Mary Baker Eddy, of course they would regard him as a criminal. Maybe they regard doctors as meddlesome criminals also.
He should have just stayed there on the ground until Martin got tired of hitting him. Does he not know how to protect Obama’s son?
A reporter stated that based on the description of the incident on the report, that the officer on scene wished to have Mr.Zimmerman arrested and charged with the "Uniform Crime Code" listed on the report. That is not accurate.Heheh. A competent reporter would have ASKED what the function of that entry was, on the form. But no, assume it is a statement that at least one officer finds evidence sufficient to support a trial.
Arrested for what? So far as has been determined, Zimmerman has not yet been charged with any crime, nor has an arrest warrant been issued on the basis of a grand jury inquiry.
Due process is being trampled upon here, people. Trayvon Martin was not thinking “due process” or “measured response” when he was slamming George Zimmerman’s head on the concrete.
The rules of engagement were already set.
In many areas, if you defend yourself, political or agenda driven prosecutors will file dubious charges against the victim and ruin their lives with protracted prosecution.
In areas where race baiting politicians control the system, this is used to intimidate people to keep them from defending themselves from gang bangers.
In Florida, the Stand Your Ground law allows falsely arrested victims from recovering (big) damages from the Police and Prosecutors if they are proven innocent.
It also protects Zimmerman from the follow on civil suits brought by predatory and race baiting lawyers the bad guys family uses to punish the victim and drain the victims life savings to defend themselves from an abusive law suit.
In the Zimmerman case, the police actually wanted to file a gratuitous manslaughter against Zimmerman but the Prosecutor advised against it because there was no evidence to prove manslaughter and a preponderance of physical and witness testimony to provide evidence that supported Zimmerman's claim of self defense.
Zimmerman would have easily been acquitted of the charges against him and he would have recovered big bucks from the City of Sanford for the ill advised ordeal the City put him through
In other words, the Florida Stand Your Ground law was enacted to protect people like Zimmerman from just the sort of mau-mau’ed media and demagogues who are trying to rail road Zimmerman into a devastating and life ruining trumped up prosecution.
This victim protection from agenda driven prosecution and devastating civil suits is the big reason the race baiters and the Black Panther gangsters want to shoot down the Florida Stand Your Ground law.
It's far more risky for the New Black Panthers to kill whitey and whitey's children when whitey can defend his/her self and children without second thoughts of having a Nifong type prosecutor ruining their lives with a Duke Lacrosse type witch hunt prosecution. It's also much harder for Sharpton and Jesse Jackson types to use the civil courts to shake the victim down for money
They DID arrest him! He was cuffed and stuffed (in the back of a squad car) and transported to the police station and interviewed!
He was not CHARGED that night or as of yet. Get it right, yah morons (CSMonitor).
Not only was he cuffed and arrested, he was denied medical treatment for his lacerations and broken nose.
I'm going to guess that Serino wanted to charge, based on some legal theory that amounts to being followed is "provocation," or some other legal theory that just flat out won't fly.
In short, he was playing armchair prosecutor (like quite a few on many public forums), but having an erroneous understanding of the necessary fact pattern to obtain a conviction.
There is no shortage of overly-aggressive police and prosecutors; for example the feds charging the Hutaree with sedition (are you serious? - yes they were, and the judge laughed out the charge).
IOW, I don't think Serino' opinion represents the presence of a "close call" on whether the facts support a manslaughter charge against Zimmerman. Serino's argument is more likely a real flyer.
He'll fit in perfectly with the MSM.
That's not exactly true. In the police report it states "Zimmerman was placed in the rear of my police vehicle and was given first aid by the SFD."
I do not know, if the man shot was trespassing.
First aid by a Police officer in the back of cruiser to an injured person who is handcuffed does not constitute medical care.
Zimmerman reportedly had his head bashed into the ground badly enough to have what his lawyer characterized as “skull lacerations” which I take to be actual lacerations to the bones of the skull.
Zimmerman should have been transported to the hospital for CAT scans and observation to screen for brain trauma.
I got my information, which directly contradicts you, from the police report. Where did you get your info?
“Zimmerman should have been transported to the hospital for CAT scans and observation to screen for brain trauma.”
Why? He is a guilty white Hispanic. /s
I meant to say lacerations with physical damage to the underlying bone of the skull. This is from Zimmerman's Lawyer's verbal account of a hospital report on the news.
At any rate, I am at a loss to see how the existence of a serious intracranial injury due to trauma induced by Martin's repeatedly slamming Zimmerman's head onto the ground can be effectively and reliably diagnosed and treated or managed for a patient handcuffed in the back of a police cruiser examined in the dark.
You’re welcome to let a lawyer treat you the next time you get injured but the question is how do you know he wasn’t treated after he was taken from the scene? Where is your source for when he was treated more extensively?
He was not CHARGED that night or as of yet. Get it right, yah morons (CSMonitor).
You're right. According to Florida's "Stop and frisk law" (their definition of a Terry stop), a person may not be removed for questioning from the immediate vicinity of the suspected crime.
President Obama said that if he had a son he would look like Trayvon Martin. Would his brother look like Hashim Nzinga, the leader of the New Black Panthers who put out a reward on George Zimmerman?
The Grand Jury is being convened in April. Allow due process, please.
“At any rate, I am at a loss to see how the existence of a serious intracranial injury due to trauma induced by Martin’s repeatedly slamming Zimmerman’s head onto the ground can be effectively and reliably diagnosed and treated or managed for a patient handcuffed in the back of a police cruiser examined in the dark.”
As an RN, I agree and believe the police were negligent. I’ve read numerous articles. What I have read is that first aid was rendered at the scene as said, he was taken into custody (not getting into the semantics on that), and he asked repeatedly while detained for medical care. When he was finally able to go to the ER he did receive care for his broken nose. After hours in custody, his wounds were already healing so he did not receive stitches for the wound to his scalp.
His lawyer’s interview with Anderson Cooper can be found here that addresses this:
CNN was showing police video of Zimmerman that night and saying “look, he is completely unscathed. There are no visible injuries.” I don’t know how they could even tell—the footage I was looking at was not close-up. The media has been absolutely disgusting throughout this thing.
It is crystal clear.
For me - the clincher is sometimes what people first say -
George was complaining - “I called for help, and nobody would come help me”.
He would have had no idea the 911 tape was recording someone else’s call.
CSM just doesn’t care.
You just hit on an extremely important point, and that is that Zimmerman didn’t immediately decide to blow this guy away. He let himself get beat on for a while, even called for help, and only when it didn’t come did he make it stop. Even then, if recent stories are to believe, he only used the gun when Martin saw the gun and tried to take it from him.
“You just hit on an extremely important point, and that is that Zimmerman didnt immediately decide to blow this guy away. He let himself get beat on for a while, even called for help, and only when it didnt come did he make it stop. Even then, if recent stories are to believe, he only used the gun when Martin saw the gun and tried to take it from him.”
Exactly. The third 911 call listed on Sandford.gov’s site starts with screams already audible (clearly close) and only grow louder (though that may be because the caller moves closer to the sound) and this lasts for 45 seconds into the call until you hear the shot. So presuming it took at least 20-30 seconds to get a phone, call 911 and get through, with the screams mentioned by the caller as the very reason for calling, then Zimmerman was calling out/struggling for at least a minute before he shot. This could also equally indicate a struggle for the gun.
SFD not SPD.
Fire Department medics.
Funny how selectively some people support due process.
“Not only was he cuffed and arrested, he was denied medical treatment for his lacerations and broken nose.”
He got first aid. The police report specified that an EMT helped him.
Actually, I would prefer to be treated the same way Zimmerman should have been treated after having his head repeatedly bashed against the ground by Martin - by being sent to the emergency hospital for a CAT scan and observation.
I think that was kind of my point in the first place.
And I would prefer to have a source other than a lawyer for your claim that he wasn’t attended to properly but I guess neither of us will get what we want.
CORRECTION: George Zimmerman WAS arrested! He was taken to the Police Station by force, in HANDCUFFS. He was RELEASED when the police realized they had no basis to hold him!