Was it really a stand your ground issue?

Started Jul 17, 2013 | Discussions thread
JulesJ
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Re: Was it really a stand your ground issue?
In reply to Johnsonj, Jul 18, 2013

Johnsonj wrote:

BorisK1 wrote:

Brian wrote:

So from my understanding of the case the following occurred.

Zimmerman was doing neighborhood patrol (apparently there and been recent burglaries in the neighborhood)

Zimmerman was a volunteer captain of the Neighborhood Watch, but at the time of the incident, he was not on patrol. He was returning from a store when he saw Martin.

Zimmerman started following Martin in his truck and call the Sanford Police.

He called [edit 911 the non-emergency police line]. He left the truck while talking to the 911 operator on the phone.

The Police said he didn't need to follow Martin

after Martin realizes he is being followed he take off running

Martin ran off when Zimmerman was still in the truck, still talking on the phone with the 911 operator.

Zimmerman lost track of Martin while on the call to the cops. and then terminates the call with the police.

The 911 operator told Zimmerman that an officer will be there shortly. Zimmerman said he'll call back to tell the officer his exact location and then terminated the call.

During the next 2-3 minutes a cell phone call between Martin and his GF goes dead,

a fight ensues where it is believed that Marin threw the first punch,

a witness of the fight calls 911, a gun shot is heard.

a minute later an officer arrives.

a bystander takes a photo of zimmermans head.

These are the facts the best we know them

There are a few more things, but you got the gist of it.

It is also believed that Marin was on top of Zimmerman at the time of the gun shot.

So let's examine this a little further.

If Zimmerman confronted Martin, this is not illegal. (stupid, but not illegal)

Zimmerman packing heat was also not illegal

Martin throwing the first punch would be illegal, if this is what occurred.

We don't know how much of a fight Zimmerman put up, but according to some who knew Zimmerman, he was not a good fighter.

Zimmerman had sustained multiple lacerations to the head indicating that he was on the ground face up sometime during the fight indicating that Martin was getting the better of him.

In order to invoke the stand your ground rule, I would think that Zimmerman would at the time of firing the weapon have the choice to fire the weapon or escape. I don't think he had the opportunity to escape at the time the shot was fired. At this point it wasn't stand your ground, it was self defense.

Furthermore this couldn't have been considered manslaughter either as Zimmerman did not start the altercation.

If I understand the self-defence laws correctly, "who started it" is not as imporant as whether Zimmerman had reason to believe that he was in an immediate danger of serious injury or death. His claim that Martin straddled him and repeatedly bashed his head against the concrete, supported by his injuries and the grass stains on his and Martin's clothing, makes a very strong case for self-defence.

I don't believe that what Zimmerman did that night were the smartest of actions. But I don't see anything he did was illegal, just stupid.

Zimmerman claims that he first went to see in which direction Martin has ran, and later (after being told by the 911 dispatcher not to follow Marin)

They said "we don't need you to do that" to which Z. said "Okay." They also said "let me know if he does anything else," and "which way is he running" and "which entrance is he headed towards." They asked him about homes, locations and addresses. He tried his best to answer the questions accurately. George actually did a really good job of keeping his cool and providing information to the operator. He had not intention of confronting Martin. All of the evidence points to this.

he went to find a street sign to meet up with a police officer. He never expected to encounter Martin up close. If that's true (and I find it plausible), then Zimmerman didn't even do anything "stupid".

Of course. All of the evidence supports this.

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"My uncle is a great man"
johnsonj

Phud knows it all as usual.

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