FL - 17-yo Boy Shot to Death by Neighborhood Watch Captain #2

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Is there anything to indicate that the overall homicide rate went up? Or are we just seeing people who would normally (without the law) be murder victims turn the tables on their attackers?

I heard on the radio that justifiable homicides have increased and that there were actually some gang-involved shootings in which the stand your ground law allowed them to claim self-defense and get away with what would have been called murder.

That being said, I have now reviewed the statute and I do believe that Zimmerman can be prosecuted. Section 3 of the law states:
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
However, if a person is being pursued, and attacks their pursuer if the pursuer is not a LE official, then my interpretation of the law is it would not be a defense to homicide in such a case.

Nevertheless, there are enough pundits criticizing the law to make Jjenny's
concerns quite valid. I think it should be re-written to make it very clear that if you are attacked while pursuing someone, you need to retreat before the law applies.
 
I already posted the link but here it is again. Florida's supreme court decided these cases must go before a judge before they can even be tried.

"The "Stand Your Ground" law also expanded protection to people who fear for their lives when approached in their vehicle or a boat or walking down the street. The Florida Supreme Court has since decided that judges need to evaluate a defendant's claim for protection under "Stand Your Ground" before trial."


http://articles.sun-sentinel.com/20...arges-michael-monahan-controversial-state-law

Defendants have always had to first go before a judge when they are charged with a crime. The judge is free to dismiss the charges as he/she sees fit. This is not a new process with the "Stand Your Ground Law."

Do you have a link to the FL SC case cited in the article?
 
They are at 622,127 signatures as of 3 minutes ago.

2,572 signatures in the last ten minutes!! Woooo Hooooo! That's an average of 250 signatures a minute.

I just signed it... Right now I'm sick of LE everywhere not doing their job to find out the truth in regards to what has really happened in many of the victim's cases we follow here... JMHO
 
I heard on the radio that justifiable homicides have increased and that there were actually some gang-involved shootings in which the stand your ground law allowed them to claim self-defense and get away with what would have been called murder.

That being said, I have now reviewed the statute and I do believe that Zimmerman can be prosecuted. Section 3 of the law states:
However, if a person is being pursued, and attacks their pursuer if the pursuer is not a LE official, then my interpretation of the law is it would not be a defense to homicide in such a case.

Nevertheless, there are enough pundits criticizing the law to make Jjenny's
concerns quite valid. I think it should be re-written to make it very clear that if you are attacked while pursuing someone, you need to retreat before the law applies.
So your saying that the pursuit is the "unlawful activity" that negates the self-defense claim?
 
And on that we totally agree.

In this case however it appears that the problem in Sanford Florida is with the police department or portions thereof, and not the law per se.

I am not prepared to debate the stand your ground law and its possible merits as, honestly, I had never heard of it before this tragic shooting.

I must say I have never heard of a case where police officers in the field interpreted the law and choose to investigate or not based on their own interpretation thereof. That is scary scary stuff. I don't need law enforcement interpreting the law. that is what the lawyers, judges, juries and court system is for in general.

Who are police to determine such things?? Their role is to protect and investigate, not decide or adjudicate anything.
 
The case has gone to the prosecutor, hasn't it, for a determination of whether to press charges? I think this often happens - police arrive and make a determination that something was an accident, or self-defense, and decide at that moment not to make an arrest but it is investigated and a prosecutor looks at the investigation and makes a decision whether to attempt to prosecute. LE has now finished their investigation and turned over their information, although the prosecutor has followed this case already and has stated (according to Lee) that this case isn't really prosecutable due to lack of any evidence that Zimmerman is lying. But that statement was informal - the formal announcement and decision haven't been made yet I don't think.
 
I already posted it somewhere on this thread. Because Zimmerman claims self-defense a judge will get to decide.

My understanding is the person who claims self defense only has a jury trial if a judge decides the self defense claim doesn't apply and a murder or manslaughter charge is applicabe. This is what is happening in the Trevor Dooley case right now. A judge is expect to make a decision by the end of this month. Dooley's murder charge will be dropped or will stand and he goes to trial. Well that's my understanding anyways.
 
The girlfriend of Trayvon has come forwarded to say that she was on the phone with him just prior to the "incident" (I'd like to call murder) and the lawyers have the cell phone records to prove it.

Now that this case is going to the grand jury next month, and the presentation of evidence to the grand jury is confidential, how can Trayvon's lawyers be certain that her conversation with Trayvon is presented? Seems to me that she is quite important should be called to testify.
 
So your saying that the pursuit is the "unlawful activity" that negates the self-defense claim?

I can't answer for the person you quoted, but a pursuit is not necessarily unlawful. It does however negate self-defense in this case. People don't usually chase after or run to things that may cause them great bodily harm or to die. JMO
 
My understanding is the person who claims self defense only has a jury trial if a judge decides the self defense claim doesn't apply and a murder or manslaughter charge is applicabe. This is what is happening in the Trevor Dooley case right now. A judge is expect to make a decision by the end of this month. Dooley's murder charge will be dropped or will stand and he goes to trial. Well that's my understanding anyways.

Yes, that is my understanding as well.
 
has the 911 tape been released in its entirety?

That line from the article I linked earlier today, the one about GZ having gotten out of his vehicle to check the street sign? I am curious as to why that was even necessary. Hadn't he already called in the suspicious person and been advised by dispatch that officers were on the way? Wouldn't he have had to give them an addresss or general position on a street to do that?

So how is it that he had reported the suspicious person if he did not even know where he was to report it???

I really want to hear the entire tape of all persons who called 911 regarding this incident. I will bet money he supplies a street name during his initial call about Trayvon. So if that is the case, why then a need to get out of his vehicle to look at a street sign?

I will be really interested to see what other facts and info come out in weeks to come. I really want to know if GZ is saying he got out of the vehicle to check the street sign. The line was not in quotes or ascribed to any particular person.
 
I can't answer for the person you quoted, but a pursuit is not necessarily unlawful. It does however negate self-defense in this case. People don't usually chase after or run to things that may cause them great bodily harm or to die. JMO

Thanks. The reason I asked was because the section of the law that was quoted didn't say anything about "pursuit". So I'm trying to understand how a pursuit fits with the law that was referenced.
 
I've watched the petition for Tray for the past two hours and there were a total of 20,630 signatures in those two hours! If this pace can continue, there will be a million signatures in 37 hours!

ETA: And just to add the total amount of signatures as of this very moment, it reads 637,339
 
Maybe I would understand if TM was shot near his truck, but he was in a area where Zimmerman had to of followed. Did any of the 911 calls witnesses give their condo number to see how far GZ followed him from the field house
Zimmerman said he had stepped out of his truck to check the name of the street he was on when Trayvon attacked him from behind as he walked back to his truck, police said. He said he feared for his life and fired the semiautomatic handgun he was licensed to carry because he feared for his life.

Read more here: http://www.miamiherald.com/2012/03/...girl-on-phone-with-trayvon.html#storylink=cpy

I just read about his excuse for getting out of of his car. Where did this statement come from? Wonder what his explanation was for chasing Trayvon as evidenced in his own 911 call?
 
has the 911 tape been released in its entirety?

That line from the article I linked earlier today, the one about GZ having gotten out of his vehicle to check the street sign? I am curious as to why that was even necessary. Hadn't he already called in the suspicious person and been advised by dispatch that officers were on the way? Wouldn't he have had to give them an addresss or general position on a street to do that?

So how is it that he had reported the suspicious person if he did not even know where he was to report it???

I really want to hear the entire tape of all persons who called 911 regarding this incident. I will bet money he supplies a street name during his initial call about Trayvon. So if that is the case, why then a need to get out of his vehicle to look at a street sign?

I will be really interested to see what other facts and info come out in weeks to come. I really want to know if GZ is saying he got out of the vehicle to check the street sign. The line was not in quotes or ascribed to any particular person.
I am not sure where the idea that GZ got out of the truck to check a street sign is coming from. It's not in a 911 call.
I've heard different variations of what exactly GZ is claiming happened.
 
My understanding is the person who claims self defense only has a jury trial if a judge decides the self defense claim doesn't apply and a murder or manslaughter charge is applicabe. This is what is happening in the Trevor Dooley case right now. A judge is expect to make a decision by the end of this month. Dooley's murder charge will be dropped or will stand and he goes to trial. Well that's my understanding anyways.

I'm only somewhat familiar with this case but Dooley was at least arrested and charged wasn't he?

I think part of the outrage, especially from Trayvon's family, is that LE at the scene decided to just take GZ's account that it was self defense and sent him on his way.

What the chief said, that GZ shouldn't be jumped simply because he asked if Tray lived there is pretty outrageous, especially if he didn't have all the facts.

JMHO
 
BBM

An unknown person goes on to a porch at dusk, pulls up a hoodie covering his face, in a suburb of the US city with the THIRD HIGHEST crime rate in the country looks suspicious to me. Why would he have to go to the porch to pull the hoodie up? It's not as though he stood there waiting to dry, or the rain to subside. By the description, he walked under the porch, pulled the hoodie up, and returned to the street. I could see how an observer would take that as suspicious.

http://www.usnews.com/news/articles/2011/02/16/the-11-most-dangerous-cities

Tray ducks under a random porch to avoid the rain and put his hoodie up, then goes back to the sidewalk to start walking towards home again.

Taking it as suspicious and calling LE, allowing them to do their job, is one thing. Stalking and then, with gun in hand, chasing down someone you feel is suspicious, but isn't doing anything illegal, is another.

But I don't believe Trayvon was doing anything suspicious at all. Isn't it coming from Zimmerman, that Trayvon was standing on someone's porch? I don't believe a word from that man's mouth. He is a LE officer wanna be, who clearly hates black people, and took it upon himself to be law enforcement, judge, jury and executioner.

I can read between the lines. He's good, Zimmerman. he knew exactly what to say to set up what he felt would be a justifiable homicide. But his "facts" seem very contrived to me and I am certain he is lying.

The only thing suspicious that Trayvon did was be black.

I'd like to also add... the GF's testimony is crucial, because according to GZ, TM ran away, which led to many people, espcially on here question, how did GZ catch a 17 YO athelete. It must have been Tray who confronted Zimmerman, because he could of easily escaped as he continued to run.

Well there you have it... he never ran, thus GZ was able to catch him quite easily, especially with him Tray being on the phone. I think most of what GZ told police initially... was a lie. Tray never walked towards him, Tray never ran away, his hands probably never went to his waistband in a threatening manner. Can't wait to see how GZ fairs in prison.

I agree.

Yes, last night I listened to numerous versions of the 911 call. From youtube, to miamiherald, to wftv, etc... because I wanted to make sure it wasn't somehow edited in by someone. It's clearly on the all of them.

Can you post the calls again?

That's what I thought! Something is seriously wrong here that he claimed self defense and apparently the police accepted it and let him go. Sounds like a good ol' boy network or something. I have NEVER heard of this just being accepted - it always has to go to court and be argued, especially if the person who was killed was unarmed! Shoot, if it were you or me, we'd have to prove it in court! I think some heads are going to roll in that police department when all is said and done.

That police department is known for its racism.

“I can say very confidently we would welcome any outside entity that wants to come look at what we did,” Lee said last week. “They are welcome to come here and look at it. We have not done anything but conduct a fair and complete investigation.”

Read more here: http://www.miamiherald.com/2012/03/...with-trayvon.html#storylink=cpy#storylink=cpy

I am usually a staunch and fierce defender and fan of Law Enforcement. I cannot say that I find the chief's assurances at all comforting.

A full investigation would involve actually asking the shooter some tough questions, gathering evidence, interviewing witnesses and neighbors, none of which apparently happened here. oh and not "correcting" witness testimony in official police reports, which reportedly DID happen.

Again, huge supporter of LE in general, not of this department though. I really think they flubbed this thing, badly.

I think they flubbed it purposefully. They decided a little street justice for the crime of being black was, if not okay, understandable.

Isn't that the same chief who already said that Tray didn't have a right to jump GZ simply because he was asked if he lives there? Seems the chief was judge and jury in a matter of minutes, no actual investigation was necessary.

How can it can be that now it's being said that GZ was jumped from behind while he was simply walking back to his car after looking for the street address, when Lee said that GZ asked Trayzon if he lived there????

This chief disgusts me. He stated that Zimmerman wishes he had done things differently and is sure Trayvon wishes he had too. REally? Like what? What are you supposed to do if you are a kid, taught to beware of strangers, and find some scary guy is stalking you on a dark street, and then chases you with a gun? What, pray tell, was Trayvon supposed to do? He tried to get away from a murderer, IMO. His bad act was being black, nothing more.


So your saying that the pursuit is the "unlawful activity" that negates the self-defense claim?

No. I think that when you stalk someone, chase someone down and then threaten them with a gun, if attacked, you have incited the attack and the law would not apply, period.

But, BTW, I don't think Trayvon attacked this man at all. The girlfriends' statements prove that. Instead, after being stalked, chased and threatened, Zimmerman pushed him, to try to incite him to do something that would justify gunplay. Trayvon then fought back. And in such a case, not only was the attack incited, Zimmerman attacked first, so the law would not apply.

If it did, as others have stated on here, that would mean that a serial killer can stalk and attack a woman and if she fought back, he could kill her justifiably, under the law. No way is the law going to be interpreted that way.

Jjenny is right to be concerned about this law. She's certainly not the only one. Clearly, the police used the law to let a murderer go free. But laws are interpreted by judges in rulings when there is doubt. This law is not going to be interpreted in Zimmerman's favor. It would open too large a can of worms.

Here's a bit of info from wikipedia explaining:
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.
[ame="http://en.wikipedia.org/wiki/Statutory_interpretation"]Statutory interpretation - Wikipedia, the free encyclopedia[/ame]
 
I am not sure where the idea that GZ got out of the truck to check a street sign is coming from. It's not in a 911 call.
I've heard different variations of what exactly GZ is claiming happened.

Indeed, Zimmerman got out of the truck, allegedly to check the name of the street he was on, which even Lee said he found implausible given the small size of the complex and the volunteer’s familiarity with it.

Read more here: http://www.miamiherald.com/2012/03/...controversial-self-defense.html#storylink=cpy
 
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