In Sanford, Florida, a family has buried a teen killed by a “watch captain” in a gated community on February 26th. However, question remains not only about the killing of Trayvon Martin, 17, but why the shooter, George Zimmerman, 28, has not been charged. Zimmerman reported a suspicious character to 911 and was expressly told by the police not to confront the individual. Instead, he pursued Martin and shot him — claiming that the shooting was in self-defense. [UPDATE: A statement reportedly from the Zimmerman family denies that he confronted Martin].
A gunshot can be heard on the 911 tape. The refusal of Zimmerman to yield to the suggestion of the police brings back memories of the Horn case in Texas.
Like Horn, Zimmerman was not required to follow the instruction of the police to avoid a confrontation.
The teen was returning from a 7-11 after buying Skittles. He was carrying the candy, a small amount of cash, and an iced tea. Yet, police insist that they have no evidence to refute the account since the teen is dead. However, a witnesses who lives nearby has come forward to contest the account of self-defense — though it is not clear how much of a view the witness had of the encounter.
It appears uncontroverted that the two fought. Various callers to 911 described an ongoing fight. Reports indicate that Zimmerman was found standing over the body, with his gun in his waistband. He allegedly complained that no one came to his aid despite calls for help and his shirt showed evidence of a struggle. Perhaps more importantly, he is reported to have been bleeding from his nose and the back of his head. Yet, some witnesses have suggested that it appeared that it was the teen who called out for help. Zimmerman outweighed Martin by 100 pounds. One witness also complained that police told her that she was wrong in reporting Martin called for help — saying that it was Zimmerman.
The family has said that Zimmerman has a record of violence in the assaulting of a police officer despite assurances from police at the time of the shooting that he had no record.
This makes a truly messy case, though the 911 tapes may help fill in some details. The family has demanded the tapes. The fact that Zimmerman insisted on the confrontation despite the instructions of police raise serious questions over who instigated the fight. Yet, any criminal charge could be difficult without more evidence. Zimmerman was allowed to confront Martin. Even if he was rude or out of line, there remains the question of who started the fight and the grounds for self-defense. Since Martin was armed only with a bag of Skittles and was physically smaller than Zimmerman, the use of lethal force is questionable.
The family could pursue this in tort as a wrongful death case based on battery. While Zimmerman has the privilege of self-defense, it is limited to commensurate force and must be reasonable. There is also a defense of mistaken self-defense but that also must be a reasonable mistake. The latter would not appear relevant here. Zimmerman would have to argue actual self-defense and a fear of serious bodily injury or death to justify the use of lethal force.
In either case, there remains a paucity of direct evidence. That would not bar a criminal charge but would make any trial more challenging on the current record. Nevertheless, if a witness is prepared to testify that it was Martin who cried out for assistance, an indictment could be based on that testimony when coupled with Zimmerman allegedly forcing the confrontation. We will continue to watch the case closely.
Here is the statement that has been attributed in the media to the Zimmerman family:
“The tragic events of February 26 are very sad for all concerned. The Martin family, our family, and the entire community have been forever changed.
The portrayal of George Zimmerman in the media, as well as the series of events that lead to the tragic shooting are false and extremely misleading. Unfortunately, some individuals and organizations have used this tragedy to further their own causes and agendas.
George is a Spanish speaking minority with many black family members and friends. He would be the last to discriminate for any reason whatsoever. One black neighbor recently interviewed said she knew everything in the media was untrue and that she would trust George with her life. Another black neighbor said that George was the only one, black or white, who came and welcomed her to the community, offering any assistance he could provide. Recently, I met two black children George invited to a social event. I asked where they met George. They responded that he was their mentor. They said George visited them routinely, took them places, helped them, and taught them things and that they really loved George. The media portrayal of George as a racist could not be further from the truth.
The events of February 26 reported in the media are also totally inaccurate. Out of respect for the on-going investigation, I will not discuss specifics. However, the media reports of the events are imaginary at best. At no time did George follow or confront Mr. Martin. When the true details of the event become public, and I hope that will be soon, everyone should be outraged by the treatment of George Zimmerman in the media.
Our entire family is deeply sorry for the loss of Trayvon. We pray for the Martin family daily. We also pray that the community will grieve together and not be divided by more unwarranted hate.
Robert Zimmerman
The Zimmerman family will have no further contact with the media prior to the resolution of the investigation. It would be greatly appreciated if the media would respect our privacy.”
Source: CNN
March 15, 2012 11:05 AM
The Trayvon Martin case exposes the realities of a new generation of self-defense laws
By Julia Dahl
http://www.cbsnews.com/8301-504083_162-57398005-504083/the-trayvon-martin-case-exposes-the-realities-of-a-new-generation-of-self-defense-laws/
Excerpt:
“What gave him the right to think he was judge, jury and executioner?” asks Martin’s uncle, Ronald Fulton.
The answer to his question may be simple: the state of Florida, which in 2005 enacted one of the nation’s strongest so-called “stand your ground” self-defense laws. According to the statute, a person in Florida is justified in using deadly force against another 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.”
Was Trayvon Martin, who was unarmed, posing a threat to Zimmerman’s life? We may never know for sure, but in Florida – and a growing number of states – what matters isn’t whether or not Martin was actually a threat, only that Zimmerman “reasonably” believed he was.
But what is reasonable? Ekow Yankah, an associate professor of criminal law at Cardozo School of Law in New York, says that to some people, it is reasonable to be suspicious of a young black man walking alone in the dark.
“We have to decide what counts as ‘reasonable’ to be afraid of, and nobody should pretend that that isn’t socially and culturally loaded,” says Yankah.
Gregory O’Meara, an associate professor of law at Marquette University School of Law, agrees.
“These ‘stand your ground’ laws license pistol-packing urban cowboys and paranoid people,” says O’Meara, who fought the passage of a similar law in Wisconsin. “We’ve all been trained to be afraid of black men, and if you’re afraid enough that justifies everything.”
But Allen County Indiana prosecutor Karen Richards, who has prosecuted cases involving claims of self-defense, says that the new laws simply “solidify what juries were feeling anyway. If you’re in a place where you have a right to be and you have a reasonable belief you need to use deadly force, juries don’t think you need to retreat.”
Of course, that’s assuming the case gets to a jury. (and the article continues)
I suspect that my lack of knowledge of American no-nos would have me soon dead from an attack by Zimmernan or his like—-of which there seem to be many.
So it’s people, not hurricances, coral snakes, alligators, etc I have to fear.
Amazing I came back from my hitchhiking trip to Miami in 1954 alive.
Thanks for your insights, Mark Appleton.
“My impression is that Mr. Zimmerman regards the Neighborhood Watch program as some sort of armed vigilante operation.”
Given my experiences, in Florida and other areas, Mr. Zimmerman isn’t the only one.
http://www.change.org/petitions/prosecute-the-killer-of-17-year-old-trayvon-martin (Over 200,000 people have already signed it.)
From eniobob’s link:
Golly, gee… color me shocked.
“Zimmerman was arrested in 2005 for resisting an officer with violence and battery on a law enforcement officer. The case was dismissed because no evidence could be found.
Zimmerman attended a pre-trial diversion program and a deal was made with his attorney to get the case dropped. It’s unclear whether the State Attorney’s Office will pursue charges in Martin’s death.”
Sanford is a small town on the St. John’s River just north of where I live. This story has been very prominent this past week. My impression is that Mr. Zimmerman regards the Neighborhood Watch program as some sort of armed vigilante operation. The incident occurred within a gated community, and Mr. Zimmerman’s claim that he had reported a “suspicious person” to the police prior to the shooting most likely means that he found it “suspicious” that a black person would be in a gated community after dark. Although the facts are only slowly coming out, the story fairly reeks of racism already.
My heart goes out to his parents, family and friends. What a senseless death.
I won’t be a bit surprised if the watchman has a record of some sort. In fact, I’ll be surprised if he doesn’t, knowing what I do about some of these “watch” groups.
eniobob,
It unfortunately happens all the time somewhere….
Video and more:
“”My son left Sanford, Florida in a body bag,” said Martin’s father, Tracy Martin. Jackson said Martin was unarmed while walking back to his father’s home from a convenience store. He was carrying a bag with Skittles and iced tea inside.”
http://www.thegrio.com/news/family-of-neighborhood-watch-death-victim-wants-justice.php#46745156
Lotta thanks……
Sanford is an ok area of Florida….I wonder if this kids real issue was walking while black…..
If the authorities try and sweep this under the rug, I agree that some public spirited citizen should rid us of this thug.
You know, it does not matter that it was a good kid that was murdered in cold blood. He could have been a crack dealer on his way to steal somebodies car, it just does not matter a whit. He had seen no crime take place, taking place or about to take place. The guy did his job, he called the cops. He was told to stay out of it. Instead HE initiated a confrontation that did not have to happen. The witnesses that have come forward say the physical part of the confrontation had ended when the shots were fired.
They also say the cops were not interested in taking their statements until after they went to the media to complain about it.
This thug went out of his way to cause trouble, against the expressed wishes of law enforcement and common sense. It was first degree murder but the laws of FLorida appear to protect him.
I saw an attorney on TV who stated that self defense law even in FL does NOT apply if the vigilante was the aggressor. You cannot confront or hit a person first, then pull a gun and claim self defense.
MASkeptic, Thanks for the additional info, after reading the initial rash of postings I didn’t follow up. If he was self appointed and had a complaint/complaints against him with the community association then he should have been subject to more scrutiny than he got from police. It sounds like the police investigation was non-existent prior to this becoming a news item.
lottakatz,
I’ve been following this story for a few days now and I’ve seen more than one news article referring to Zimmerman as a “self-appointed” neighborhood watch captain. During a community meeting after the shooting there was at least one complaint lodged against him for harassing members of the community before the event.
From ABC News:
‘According to law enforcement sources who heard Zimmerman’s call to a non-emergency police number, he told a dispatcher “these assholes always get away.” ‘
rcambell,
I’m not super excited about being put in the position of being a gun apologist but the 500/year was referred to a record of accidental gun deaths. Since this was a deliberate and fatal shooting it should clearly be investigated even with a claim of self-defense.
ARE:
you said it. Zimmerman should be in jail. That kid looks like a good child.
People like Zimmerman should not be allowed to carry a weapon and you should not carry a weapon on neighborhood watch, you should carry a radio set to the police band.
I am a strong supporter of the right to carry, but along with that I am also a supporter of strict liability for those who do. Thus I am appalled that this white thug is still free. He should be behind bars and charged with murder of some degree.
There is NO comparison between this shooting and the Horn shooting in Pasadena since Horn was well within his rights and he went FAR beyond what he was required to do under the law. He gave the crooks an opportunity to surrender their loot. They decided that the loot was more important than their lives. They gambled or thought they were still in California and died.
A modern “lynching?”
Excellent points, lottakatz. Someone needs to do some serious digging…
(And I’d agree that WWB was likely a part of it, eniobob.)
The last time I posed the question of how many errant shootings that caused the deaths of innnocent people was acceptable before laws are changed, one gun supporter claimed that these kinds of deaths by guns number less than 500 per year nationally. I guess by that reasoning this is a non-event and we don’t have to care about the involvement of an armed bully running around with a loaded gun in what happened to this young man. Gun owners need not worry that this sad incident will encourage any additional regulations, though, we haven’t hit 500 yet.
I’ve read the account several different web sites but the whole ‘watch captain’ thing goes unexplained. Some community watch groups are affiliated with local police. If that’s the case here then maybe the police have a good reason not to pursue this case too forcefully, they may share in some liability since this particular watch captain has a record. Is this a formal volunteer organization with no outside ties; is it one guy with delusions of authority; does he get a stipend or any kind of validation from the gated community’s homeowners association?
How the neighborhood watch system is established and maintained would be, I suspect, crucial to any civil case. I’d sure like some good old shoe-leather reporting on that aspect of the case.
——–
Eniobob, sure does sound like WWB doesn’t it? One account I read said that the policeman taking the witness statement kept contradicting the witness when she said it was Martin doing the hollering for help.
“The teen was returning from a 7-11 after buying Skittles. He was carrying the candy, a small amount of cash, and an iced tea. ”
No Drugs,Not even an “energy drink”seems a case of WWB!!.