Thursday, April 12, 2012

Interesting Take On Martin Killing

Here is an interesting take on the Trayvon Martin case that you probably have not read before.  It is not a shrill cry from either side and contains information we have not heard before.
From the Minot Daily News: Based on what I know about the facts of the case, I don't think they're likely to get a jury to convict Zimmerman of second degree murder. Even manslaughter might be a stretch, given Florida's stand your ground law, which says that a person in fear of his life, who is not committing an unlawful act, does not have to flee from danger but can confront the attacker. I thought reckless endangerment charges, or the local equivalent, would be much more reasonable since Zimmerman's choice to follow Martin instead of staying in the car, as was strongly suggested by the dispatcher, set off the entire incident with its tragic consequences.
It sounds to me like Martin, afraid for his own safety, turned on Zimmerman and, if Zimmerman's statement is true, physically attacked the man who had been following him before Zimmerman could attack him. If Martin had killed Zimmerman instead of the other way around, he might be the one facing charges and would also be likely to be acquitted.
Even reckless endangerment might be a hard conviction to get, though. As someone pointed out to me, Zimmerman wasn't breaking any laws when he got out to follow Martin. He was under no obligation to obey the dispatcher's instructions. He had a legal permit to carry the gun he used to shoot Martin. Even if he "profiled" Martin as a possible danger because he was a black teenager wearing a hoodie, Zimmerman wouldn't have been breaking any laws, even if he was acting under racist assumptions. It is not against the law to simply ask someone what he is doing in the neighborhood. Zimmerman sounds to me like a wannabe cop. He has a background of making lots of 911 calls to report suspicious activity in the neighborhood and failed to complete a couple of law enforcement training programs. He probably bears a lot of moral responsibility for what happened, but I don't think he's legally responsible.
I predict Zimmerman will be acquitted of second degree murder charges, unless the prosecution is especially good at picking a sympathetic jury and Zimmerman's defense team is enormously incompetent, but it will be interesting to see how the case progresses. 
http://www.minotdailynews.com/page/blogs.detail/display/790/Prosecutor-aimed-too-high-with-second-degree-murder-charges-in-Trayvon-Martin-case.html
What makes the most sense in the article is that Zimmerman was probably a cop wannabe and wanted to play cop that night but it backfired.
It is also true that even if Zimmerman profiled Martin, that is not illegal, especially by civilians.
And I agree with the author, Zimmerman did not go out that night to kill a person that night, so the second degree murder charge probably will not stick.
I do think reckless endangerment charge may stick, but will that calm the nerves of the Martin family and the race baiters/racists like Jesse Jackson, Al Sharpton and the New Black Panthers?  Maybe if the TV cameras are turned off, but that will not happen, so it will be interesting to see how this plays out.

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