The People Vs. George Zimmerman

smallkattman

As an activist I have been following the Trayyvon Martin, George Zimmerman case very closely. Needless to say I firmly believe that this is a death that could have been avoided had Mr. Zimmerman followed the advice of the 911 operator when he was told, "We don't need for you to do that." But there are still several unanswered questions that I think need to be addressed.

  • 1. Why did Mr. Zimmerman leave the safety of his vehicle to follow the unarmed Mr. Martin?

  • 2. There is an eighteen minute gap between the time Mr. Zimmerman hung up with the 911 operator and when he shot at point blank range Mr. Martin. What was occurring during that time frame?

  • 3. Several witnesses have changed their statements. Why would they change their statements so that they don't support Mr. Zimmerman's account of the events.

Here is a sample of what some of the witnesses have said to either the Sanford Police Department as well as, the Florida Department of law Enforcement.

Witness 2

A young woman who lives in the Retreat at Twin Lakes community, where Trayvon was shot, was interviewed twice by Sanford police and once by the Florida Department of Law Enforcement.

She told authorities that she had taken out her contact lenses just before the incident. In her first recorded interview with Sanford police four days after the shooting, she told lead Investigator Chris Serino, "I saw two guys running. Couldn't tell you who was in front, who was behind."

She stepped away from her window, and when she looked again, she "saw a fistfight. Just fists. I don't know who was hitting who."

A week later, she added a detail when talking again to Serino: During the chase, the two figures had been 10 feet apart.

That all changed when she was reinterviewed March 20 by an FDLE agent. That time, she recalled catching a glimpse of just one running figure, she told FDLE Investigator John Batchelor, and she heard the person more than saw him.

"I couldn't tell you if it was a man, a woman, a kid, black or white. I couldn't tell you because it was dark and because I didn't have my contacts on or glasses. … I just know I saw a person out there."

Witness 12

A young mother who is also a neighbor in the town-home community never gave a recorded interview to Sanford police, according to prosecution records released last week. She first sat down for an audio-recorded interview with an FDLE agent March 20, more than three weeks after the shooting.

During that session, she said she saw two people on the ground immediately after the shooting and was not sure who was on top, Zimmerman or Trayvon.

"I don't know which one. … All I saw when they were on the ground was dark colors," she said.

Six days later, however, she was sure: It was Zimmerman on top, she told trial prosecutor Bernie de la Rionda during a 21/2-minute recorded session.

"I know after seeing the TV of what's happening, comparing their sizes, I think Zimmerman was definitely on top because of his size," she said.

Witness 6

This witness lived a few feet from where Trayvon and Zimmerman had their fight. On the night of the shooting, he told Serino he saw a black man on top of a lighter-skinned man "just throwing down blows on the guy, MMA-style," a reference to mixed martial arts.

He also said the one calling for help was "the one being beat up," a reference to Zimmerman.

Mr. Zimmerman's attorney has filed a "self-defense" case however I have looked up the Florida statues concerning justifiable us of force. After speaking to a close friend of mine who is a criminal defense attorney and had them explain the law to me in terms I could understand I thought it best to add the statues to this and let the readers decide for themselves if it does fit the criteria for either self - defense or the stand your ground law.

1998 FLORIDA STATUTES
CHAPTER 776
JUSTIFIABLE USE OF FORCE

776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
History.--s. 13, ch. 74-383; s. 1188, ch. 97-102.

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
History.--s. 13, ch. 74-383; s. 1189, ch. 97-102.

776.041 Use of force by aggressor.--The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

History.--s. 13, ch. 74-383; s. 1190, ch. 97-102.

776.05 Law enforcement officers; use of force in making an arrest.--A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:

(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

History.--s. 13, ch. 74-383; s. 1, ch. 75-64; s. 1, ch. 87-147; s. 54, ch. 88-381; s. 1191, ch. 97-102.

776.051 Use of force in resisting or making an arrest; prohibition.--

(1) A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer.
(2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest is unlawful and known by him or her to be unlawful.

History.--s. 13, ch. 74-383; s. 1192, ch. 97-102.

776.06 Deadly force.--"Deadly force" means force which is likely to cause death or great bodily harm and includes, but is not limited to:

(1) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
(2) The firing of a firearm at a vehicle in which the person to be arrested is riding.

History.--s. 13, ch. 74-383.

776.07 Use of force to prevent escape.--

(1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.
(2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.

History.--s. 13, ch. 74-383; s. 7, ch. 95-283; s. 1193, ch. 97-102.

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; car-jacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
History--s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.

776.085 Defense to civil action for damages; party convicted of forcible or attempted forcible felony.--

(1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the commission of such crime or attempted crime by a preponderance of the evidence.
(2) For the purposes of this section, the term "forcible felony" shall have the same meaning as in s. 776.08.
(3) Any civil action in which the defense recognized by this section is raised shall be stayed by the court on the motion of the civil defendant during the pendency of any criminal action which forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section.
(4) In any civil action where a party prevails based on the defense created by this section:

(a) The losing party, if convicted of and incarcerated for the crime or attempted crime, shall, as determined by the court, lose any privileges provided by the correctional facility, including, but not limited to:

1. Canteen purchases;
2. Telephone access;
3. Outdoor exercise;
4. Use of the library; and
5. Visitation.

(b) The court shall award a reasonable attorney's fee to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney; however, the losing party's attorney is not personally responsible if he or she has acted in good faith, based on the representations of his or her client. If the losing party is incarcerated for the crime or attempted crime and has insufficient assets to cover payment of the costs of the action and the award of fees pursuant to this paragraph, the party shall, as determined by the court, be required to pay by deduction from any payments the prisoner receives while incarcerated.
(c) If the losing party is incarcerated for the crime or attempted crime, the court shall issue a written order containing its findings and ruling pursuant to paragraphs (a) and (b) and shall direct that a certified copy be forwarded to the appropriate correctional institution or facility.