General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAs A Former Law Enforcement Officer, My Impressions Of The Martin Case.
Last edited Sun Mar 25, 2012, 12:29 AM - Edit history (1)
I have had 14 years as a cop. (Now a professional educator.) Two degrees in criminal justice. Former police academy instructor.
I've listened to the 911 calls. Zimmerman apparently is/was a criminal justice student at a local college from which he has now been suspended. He was out doing "neighborhood watches" on a regular basis, apparently on his own. He made some 45 or so 911 reports during his patrols over the last year or so. In this incident, he clearly pursued Trayvon, even after being advised not to. He did his watch patrols armed and alone. He had a concealed weapons permit and liked to be armed and likes the power of carrying a firearm. Before he began pursuing Trayvon, he said "These assholes always get away." And then went after him wanting to catch him.
(He may also have used a racial epithet, but that is unconfirmed.)
I'll tell you what this guy is, especially knowing of his his past domestic abuse type incidents. This guy Zimmerman is a power-hungry cop wannabe out to fuel his ego and be a "hero", all ego driven. He may also be fueled by racist attitudes since he was also clearly profiling Trayvon and may have used a racial epithet, possibly caught on the tape, as I said above. He obviously pursued Trayvon and confronted him. Then it becomes unclear. He may have grabbed Trayvon, and I suspect he did. Trayvon may have fought back, accounting for blood and marks on Zimmerman (unless that was Trayvon's blood - there should have been full forensic protocols on Zimmerman and Trayvon). Then Trayvon is clearly the one screaming for help. There is no question about that. That screaming was the voice of young Trayvon, not the voice of Zimmerman.
He pursued Trayvon, so "stand your ground" does not apply, and he was obviously the aggressor who confronted Trayvon and not the other way around. Yes, there may have been a physical altercation, but Zimmerman obviously started it. And then it is Trayvon screaming for help, obviously at that point not winning the fight and maybe looking down the barrel of a gun. He screamed for a fair amount of time before the shot, so it is unclear at what point the gun came out. He may have been screaming during the altercation.
We do have to say Zimmeramn had the right to have the gun under the law. He even had the right to pursue Trayvon and ask him what he was up to. Bad judgement, but not illegal. But, if he started the physical altercation, and most likely he did, THAT is illegal, as it is assault. Trayvon would have the right to fight back. Then Zimmerman shoots. Well, that, at the very least, becomes a manslaughter case right there where I am from, which is the negligent and/or reckless killing of another. (Maybe full murder, but we'd let the DA and Grand Jury decide for sure.) We have to be fair and get ALL the evidence before we can make a final determination, but this case (and all such cases) needed to be handled IMMEDIATELY like the HOMICIDE that it was with a full battery of forensic evidence collection, full crime scene investigation, and very thorough and complete interviews and examination of the 911 tapes. You always treat such a case LIKE a murder in case evidence determines that it is. Especially if Zimmerman was cooperative, which he was considering he himself felt fully justified given his egomania, they could have at least detained him voluntarily for several hours for a full formal interview, and in that time done good interviews with the other witnesses on the spot with good detectives, listened to the 911 evidence, and then arrested him at least on a felony manslaughter charge, gotten a warrant, and done a full forensic protocol. From hearing what the on-scene witnesses are saying and all other evidence I am aware of, the local cops bungled this. You have an unarmed dead kid with every right to be in that location who is a hundred pounds lighter than the older man, the kid is alone, the older guy pursued the kid, the kid was the one screaming for help over and over, and THIS is the outcome? Something is very, very wrong. I sure hope they fix it. And even if some forensic evidence is lost, the 911 and witness evidence is still a strong case for an unlawful homicide.
arcane1
(38,613 posts)"Oh, you say it was self defense? Sorry to bother you, you an go home now. We'll clean this mess up and wait for someone to claim the body"
RBInMaine
(13,570 posts)2ndAmForComputers
(3,527 posts)It's something else. Probably a crime. Obstruction of justice, maybe.
sendero
(28,552 posts)... coverup from the get go.
magical thyme
(14,881 posts)so connected.
Drug/alcohol test on victim. Not on killer. So much stinks it's disgusting.
jeff47
(26,549 posts)He wasn't a local judge. That means he wasn't all that connected.
coalition_unwilling
(14,180 posts)inquiry into policies and practices of the Sanford PD. Its actions (and inaction) themselves border on the criminally negligent, imho.
baldguy
(36,649 posts)He was not a Watch Captain.
Without the gun, he would have been just an annoying busybody. With the gun, he was a dangerous vigilante.
RBInMaine
(13,570 posts)either way he is an egomaniacal cop wannabe. He still would have had the right to watch and even follow and even ask the kid what he was doing. Then things change based upon who grabbed who first, and it sounds like Zimmerman most likely did. Maybe the kid tried to walk away again and Zimmerman then grabbed him. That is what I suspect happened. Zimmerman was clearly after this kid to make sure "the asshole didn't get away" as he said. Then he wanted to hold him for the cops. He was hoping to catch a burglar to make a name for himself. Guess he became famous another way didn't he? Or should we say infamous?
Ecumenist
(6,086 posts)Watch who flat out said that EVERY one of the N. W programs are registered and that this program WAS NOT ONE OF THEIR PROGRAMS. He then went on to say that 2 of their major tenets was NO WEAPONS, (not even Mace) and no confrontation, that the Watch programs are supposed to be the eyes and ears of Local law enforcement. Straight up said that this was a self appointed vigilante with dangerous intentions.
RBInMaine
(13,570 posts)all the wrong reasons.
rustydog
(9,186 posts)he was the only person doing the "neighborhood watch". The guy appears to be a gun-toting wannabe who decided vigilantism was the right route to take in his 'hood.
Historic NY
(37,452 posts)or armed. Sanford PD has a sanctioned NW but Zimmerman wasn't part of it.
"I'm disappointed that people are trying to put blame onto the program when it's not the program's fault," said Wendy Dorival, who coordinates volunteer programs, including Neighborhood Watch, for the Sanford police. "Neighborhood Watch is not what took his life away."
http://www.chicagotribune.com/news/os-trayvon-martin-neighborhood-watch-20120321,0,5554619.story
yardwork
(61,698 posts)In an HOA meeting some weeks prior to Zimmerman's shooting of Trayvon Martin, another resident of the community was kicked out of the meeting because he complained that Zimmerman was profiling him. This strongly implies to me that the HOA knew and approved of what Zimmerman was doing:
George Zimmerman Neighbors Complained About Aggressive Tactics Before Trayvon Martin Killing
At an emergency homeowners association meeting on March 1, one man was escorted out because he openly expressed his frustration because he had previously contacted the Sanford Police Department about Zimmerman approaching him and even coming to his home, the resident wrote in an email to HuffPost. It was also made known that there had been several complaints about George Zimmerman and his tactics" in his neighborhood watch captain role.
The meeting was attended by Sanford Police Chief Bill Lee, the detective assigned to the investigation and an unnamed member of the city council, according to the homeowners association newsletter.
Note that the police chief was present at that HOA meeting too. The police knew what Zimmerman was doing in the weeks leading up to this killing. This is a very important article:
http://www.huffingtonpost.com/2012/03/12/george-zimmerman-trayvon-martin_n_1340358.html
In other early news reports, an officer of the HOA expressed support for Zimmerman's "patrols" -
"He once caught a thief and an arrest was made," Cynthia Wibker, secretary of the homeowners association in the gated community where Zimmerman lives, told the Miami Herald. "He helped solve a lot of crimes."
http://news.yahoo.com/blogs/lookout/george-zimmerman-trayvon-martin-killer-had-brushes-prior-153033731.html
Also, Zimmerman's friend and neighborhood watch colleague, Frank Taafe, has been all over the news stating that the neighborhood HOA knew and approved of their actions:
Amidst the controversy, Frank Taaffe, a fellow ndeighborhood watch captain and friend of Zimmerman came to his defense.
http://www.huffingtonpost.com/2012/03/22/trayvon-martin-case-frank_n_1373659.html
Frank Taafe has a "violent and racist past," according to news reports of his prior arrests:
http://slumz.boxden.com/f5/mar-24-george-zimmermans-friend-frank-taafes-violent-racist-past-revealed-mug-shot-pic-1724926/
csziggy
(34,137 posts)That was started last September. It was not affiliated with any national group but had undergone training with the local police department volunteer coordinator.
Zimmerman's Neighborhood Watch group was started in September after residents reported at least three burglaries in the previous weeks, according to police.
Crime-watch volunteers are instructed to call police when they see anything suspicious, said Wendy Dorival, volunteer-program coordinator for Sanford Police.
"We actually tell them not to confront someone suspicious," she said. "Call us. Our officers are the ones who are paid and trained to go out and deal with it."
http://articles.orlandosentinel.com/2012-03-14/news/os-trayvon-martin-shooting-sanford-20120314_1_sanford-police-lieutenant-black-pioneers-celery-avenue
Mar. 24, 2012
<SNIP>
But Zimmerman's family, his neighbors and his lawyer paint a different picture: That of a devoted neighbor, keen enough to protect the neighborhood that residents, in establishing a local Neighborhood Watch group last year, appointed him the captain. The organization was not registered with the national Neighborhood Watch program, but was set up with the assistance of the Sanford Police Department. Zimmerman initiated the program, according to Wendy Dorival, the department's volunteer coordinator.
http://www.csmonitor.com/USA/2012/0324/Who-is-George-Zimmerman-and-why-did-he-shoot-Trayvon-Martin
Ecumenist
(6,086 posts)of someone who not only works in law enforcement but teaches it as well. The points you lais out are not only salient but common sense to any one who possesses a passing knowledge of the facts of the case. It's also obvious to anyone who lhas listened to what has come out about the actual commission of the crime, the actions leading up to it and the subsequent "investigation" following. Based on what you have laid out, which frankly is just the latest in a line of commentary of legal professionals I have heard from. Thank you again, RB In Maine!!
RBInMaine
(13,570 posts)seen. This case should have been treated just like a possible murder or manslaughter, the "stand your ground" thing be damned. Let the DA and grand jury worry about that later. If the cops had done a better job IMMEDIATELY, they could and should have concluded that "stand your ground" wasn't going to fly here. It is a bs law that should be facing massive court challenges. Lawful force and self defense are always available as a court defense without this "stand your ground" crap. The cops are there to do good investigations and get the needed evidence in as timely a manner as possible. One thing that must come out of this is a re-working of "stand your ground". It can and must not serve to make cops worry about doing their due diligence and making the self defense argument function like some kind of instant amnesty from possible wrongdoing. What message does this send? Just shoot someone, they are dead, then plead immediately that you "stood your ground" again an attacker that can't now testify. This case was bungled according to everything I have learned about it. Now the feds and special prosecutor need to fix it. And if they don't bring a criminal case, the family needs to sue for wrongful death. They would have a very good case.
Ecumenist
(6,086 posts)development because they allowed zimmerman to play cop and in fact, continued to do so even after some of the homeowners complained about his overzealous actions.
randome
(34,845 posts)That there was never a need for SYG since you can always defend yourself. The only effect SYG laws have is to encourage people to be more flagrant with their weaponry.
So in this case, I see SYG having an effect on what happened with Trayvon Martin but it's not an effect that could even be discussed at a trial.
MindandSoul
(1,817 posts)Let's hope this case does go to trial and is heard by an unbiased jury.
There are too many questions unanswered, and too many people are looking at this as a political football!
CAPHAVOC
(1,138 posts)With a lot of info. All the 911 calls. 2 Police reports....the two cops first on scene included. sanfordfl.gov. Looks like they went for manslaughter but could not make a case...or would not. The first cop called in the "major crime unit" after cuffing Zimmerman and putting him in his car. They took him back to the station and a detective interviewed him before his release. A witness to the actual fight said that Zimmerman was screaming for help and Treyvon was on top of him punching him out. The witness claims he told them to stop fighting then went in to call 911 and by the time he got to his phone then it was over. The Police Form lists Florida Statute 782.11 as what they were going for in charging. It is a low manslaughter. None of the witnesses seems to have seen the start of the fight. The cop says in his report that Zimmerman was telling the Paramed who was tending his wounds that he...Zimmerman was yelling for help but nobody would help him.
You must see the mountain a new prosecutor will have to climb. All the cops will be on record as defense witnesses. So will the responding Paramedics. What a mess.
yardwork
(61,698 posts)I've heard this mentioned but I haven't read any article or seen any video that quotes anybody actually saying this. Do you have this information?
edited to correct
grasswire
(50,130 posts)A local FOX affiliate.
I don't believe it until I see credible sourcing.
CAPHAVOC
(1,138 posts)yardwork
(61,698 posts)Did the local Faux News say where they got this info, or did they simply make it up?
CAPHAVOC
(1,138 posts)yardwork
(61,698 posts)17 yr. old male. Afraid of death threats. He also would not let his picture be shown. He saw the fight and told them to stop. He is now in fear of his own life.
yardwork
(61,698 posts)The Martins are going to sue him through his Homeowners Association. Brilliant. Sue all the witnesses.
yardwork
(61,698 posts)CAPHAVOC
(1,138 posts)Suing the witnesses would not be too smart. But this case is so over the top now it is not even about the incident. It is about people fitting the rumors and unproven assumptions to match what they "want to believe." In my opinion it will not turn out well. If Holder can not make a case then what? Will this be another Duke case? Standing on Shaky Ground? Anyway I am going to be checking the ACA case this week instead of going round and round in my head about this fiasco anymore. They have the audio of the hearing on at 1 o'clock.
Rozlee
(2,529 posts)of him and had him pinned down punching him out? My grandson weighs 30 pounds more than I do and just stands up when we're rough housing to get me off of him.
MD20
(123 posts)I wonder if Zimmerman staged the whole affair. I mean, he could have grabbed Martin by the front of his hoodie, fall backwards pulling Martin down on top of him, making it look like Martin was beating him. That scenario would definitely be convincing to any witnesses that Zimmerman was the one being assaulted. Of course, he then had the grounds to shoot and get away with murder.
Just speculation on my part but worthy of note.
MrScorpio
(73,631 posts)And this is coming from someone who is not completely confident in the way that a lot of police jurisdictions perform their sworn duty in this country.
You laid out a very common sense approach, with an eye towards getting to the bottom of the truth.
The failure, however, of the Sanford PD to apply the very same dedication to duty that your approach entails will unfortunately damage the degree to which justice can be applied to the case of Trayvon Martin's death.
Even to a non-law enforcement person, such as myself, this is painfully obvious.
grantcart
(53,061 posts)nenagh
(1,925 posts)I'm down in south Florida at the moment and am surprised to find that some people here go around during the day with their phone receiver clipped to their ear, which has the unfortunate effect that when they are talking on the phone it appears that they are talking to themselves.
Which makes me wonder if Zimmerman misinterpreted Trayvan Martin walking along in the dark and apparently chatting to no one as scary.. 'being on drugs' or something.
What a terrible tragedy.
steve2470
(37,457 posts)BootinUp
(47,179 posts)freshwest
(53,661 posts)arthritisR_US
(7,291 posts)be following the lad but isn't that stalking?
RBInMaine
(13,570 posts)intimidate or harass. This was an in-the-moment situation, obviously not a longer term and repeated situation. Zimmerman did have the right to follow Trayvon at least for a short amount of time to continue to watch what he was doing. However, it was BAD judgement, not what a neighborhood watch person SHOULD have been doing, and we discover that he also was pursuing him after already having profiled him as a burglar. Zimmerman referred to Trayvon as "one of these assholes that always gets away" and may well have also used a racial epithet just as he starting to follow Trayvon. (They are still analyzing the tape.) That goes to Zimmerman's intention and frame of mind. He had assumed that Trayvon had bad intentions. He profiled this kid. And then he confronted the kid. So while he did technically have the right to merely follow Trayvon for a short time to monitor his behavior further, he then went beyond that. He did so with an aggressive attitude, and possibly a racist attitude, and he ended up aggravating the situation bigtime when he confronted Trayvon. Evidence shows that Zimmerman first repeatedly said to Trayvon, "What are you doing here?" And then an altercation apparently ensued. Zimmerman apparently did not have his gun out at that point, so we can't say he immediately intended to just walk up and shoot Trayvon. That didn't happen.
But when the altercation ensued, one obviously instigated by Zimmerman, Trayvon very arguably was now defending himself, and then Zimmerman pulls the gun and shoots. Zimmerman went in aggressive and aggravated this situation, and from all I can see should have been best charged at least with manslaughter or the Florida equivalent for reckless homicide.
arthritisR_US
(7,291 posts)up until now I thought what Zimmerman did amounted to stalking. I see the difference now. Thanks for taking the time to clear this up for me
MD20
(123 posts)intransitive verb
1
: to pursue quarry or prey stealthily
2
: to walk stiffly or haughtily
transitive verb
1
: to pursue by stalking
2
: to go through (an area) in search of prey or quarry <stalk the woods for deer>
3
: to pursue obsessively and to the point of harassment
stalk·er noun
See stalk defined for English-language learners »
Examples of STALK
a movie about a detective being stalked by a killer
This is the time of year when hunters are stalking the woods for deer.
She called the police because her ex-boyfriend was stalking her.
She angrily stalked out of the room.
Origin of STALK
Middle English, from Old English bestealcian; akin to Old English stelan to steal more at steal
First Known Use: 14th century
Related to STALK
Synonyms: chase, hunt
RB's definition doesn't tell the whole story does it?
Ref: Merriam-Webster Dictionary!
X_Digger
(18,585 posts)RB's definition may be a generic version of what most states have on the books.
MD20
(123 posts)X_Digger
(18,585 posts)I would have thought that was obvious.
MD20
(123 posts)arthritisR_US
(7,291 posts)observer to this case and not part of the investigating/legal teams
arthritisR_US
(7,291 posts)was the legal definition of the word, the one law enforcement have to operate under
MD20
(123 posts)jeff47
(26,549 posts)He's talking about the legal definition of stalk, not the English definition of stalk.
MD20
(123 posts)jeff47
(26,549 posts)csziggy
(34,137 posts)Stalking is a distinctive form of criminal activity composed of a series of actions that taken individually might constitute legal behavior. For example, sending flowers, writing love notes, and waiting for someone outside her place of work are actions that, on their own, are not criminal. When these actions are coupled with an intent to instill fear or injury, however, they may constitute a pattern of behavior that is illegal. Though anti-stalking laws are gender neutral, most stalkers are men and most victims are women.
Stalking first attracted widespread public concern when a young actress named Rebecca Shaeffer, who was living in California, was shot to death by an obsessed fan who had stalked her for two years. The case drew extensive media coverage and revealed how widespread a problem stalking was to both celebrity and noncelebrity victims. Until the enactment of anti-stalking laws, police had little power to arrest someone who behaved in a threatening but legal way. Even when the suspect had followed his victim, sent her hate mail, or behaved in a threatening manner, the police were without legal recourse. Law enforcement could not take action until the suspect acted on his threats and assaulted or injured the victim.
http://legal-dictionary.thefreedictionary.com/Stalking
MD20
(123 posts)Here is the legal definition as applicable to Floridian law. It may need to be updated
Please read and make your own decision... I am open to learning for everyone here... Thanks for your patience
http://www.esia.net/State_Stalking_Laws.htm
FLORIDA
Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.
(1) As used in this section, the term:
(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.
(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.
(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
csziggy
(34,137 posts)Actually, that is good.
Thanks!
MD20
(123 posts)That is my opinion, only...
arthritisR_US
(7,291 posts)Jury charge him for stalking and murder?
MD20
(123 posts)It depends on how the court interprets it. And even if that interpretation defies logic, it will stand unless appealed to a higher court.
arthritisR_US
(7,291 posts)have any answers for about a month or more unless public pressure speeds things up.
EFerrari
(163,986 posts)He is not a law officer and the kid had every right to be where he was. Pursuit in this case is harassment, at a minimum, if not in itself some type of assault.
Bucky
(54,041 posts)That's certainly a right Trayvon Martin had, although it was one he was gunned down for exercising.
Look, if you suspect someone in your neighborhood, you have a right to follow them around too. What Zimmerman didn't have a right to do is play amateur cop and start an altercation. I suspect we'll find out that Zimmerman tried to restrain Trayvon because he thought the teenager was going to "get away"--a right Zimmerman didn't have.
RBInMaine
(13,570 posts)"What are you doing?" All that is not illegal, but it looks like Zimmerman went in with more aggressive intentions and was the one who instigated the confrontation which most likely went well beyond just following at a distance and monitoring a situation.
Pachamama
(16,887 posts)Both Trayvon and Zimmerman had a "right" of passage in that neighborhood...Neighbors and residents have a right to speak to someone, even observe them and follow them. But neither has a right to assault and confront someone. And in the case of Zimmerman, he was acting as a neighborhood watch, although self-appointed, not in an official registered capacity. Assuming he was following the guidelines stipulated by neighborhood watch group rules, he should not have been allowed to carry a weapon. In any event, he didnt listen to the instructions by Police dispatch to not follow. The police were on their way. But the entire situation in my opinion was bungled by police and there were no proper procedures of interviews and forensic data collection conducted.
My hit from the beginning and why I believe the police cut Zimmerman a "break" is that he is a Police Informant or the cops in Sanford are dirty and Zimmerman has something on them. Either way, I simply cannot understand why else Police could have bungled this so badly and not done anything.
EFerrari
(163,986 posts)As you say, informants or possibly someone who has something on the department or who participated with them in illegal activities like burglary or theft. There is something going on in that town.
EFerrari
(163,986 posts)If you have a reason to suspect another individual, you can point to it. If you don't and can't, you may be committing a crime, and I bet, especially if you use a vehicle and / or a gun to do it.
Rex
(65,616 posts)and not in the repeat type of stalking way either. A serial harrasser and a stalker are not always the same thing.
MD20
(123 posts)Definition of STALK
intransitive verb
1
: to pursue quarry or prey stealthily
2
: to walk stiffly or haughtily
transitive verb
1
: to pursue by stalking
2
: to go through (an area) in search of prey or quarry <stalk the woods for deer>
3
: to pursue obsessively and to the point of harassment
stalk·er noun
See stalk defined for English-language learners »
Examples of STALK
a movie about a detective being stalked by a killer
This is the time of year when hunters are stalking the woods for deer.
She called the police because her ex-boyfriend was stalking her.
She angrily stalked out of the room.
Origin of STALK
Middle English, from Old English bestealcian; akin to Old English stelan to steal more at steal
First Known Use: 14th century
Related to STALK
Synonyms: chase, hunt
Ref: Merriam-Webster dictionary
RBInMaine
(13,570 posts)a short time. There just is no law against that. People can do that. It does not become harassment unless it goes on too long and/or becomes a repeated situation. He had the right to do that. Bad judgement, but had the right. He even had the right to call out and ask him what he was doing there. Just no law against that. It was then in how he approached and confronted Trayvon and instigated an altercation that became VERY BAD judgement, and especially if he tried to continue to stop Trayvon or grabbed him or said "You stay right here until the cops come, etc." or intimidates Trayvon to the point Trayvon felt he needed to defend himself that he goes way beyond what he should have done and possibly even assault. (Just the following at a distance and asking what he was doing is not a crime.) Then, having been the aggressor pushing the situation and being older and much bigger and with Trayvon screaming for help, whatever the situation at that point, he then feels he needs to use deadly force? Can't buy that. Trayvon brandished no weapon of any kind, he was much younger and smaller, he was alone, and Zimmerman could not have felt his life was in danger. This is manslaughter at least.
EFerrari
(163,986 posts)to this situation, it makes me wonder how many times he tried to chase someone out of his neighborhood. Most people aren't ready at all times to grab their gun and jump into their car. That requires thought or planning or practice.
Rex
(65,616 posts)I would say, from the time he left his car to 'persue' the kid on foot.
caseymoz
(5,763 posts)The SYG law that citizens who have killed in defense are immune from arrest and prosecution (paraphrase). The main problem is, it says unless there's probable cause at the scene, this immunity is to be given. No police protocols are given for making that determination, it just says a citizen who does this is immune from arrest. And it doesn't give any provisions or procedures on how or if that immunity can be revoked.
I hear, the Sanford police sent a narcotics cop to do the investigation, not a homicide detective. So, they sent somebody who probably was not familiar with SYG, and had no idea what he was doing if he decided there was no probable cause for arrest.
SYG gums up the works so badly here, I doubt that Zimmerman will even be arrested on manslaughter or murder charges. I feel so sorry for Trayvon Martin's parents.
I hate SYG. To make homicide, of any sort, more convenient is a dumb idea. I could understand giving more leeway in court, but justifiable or not, a homicide has to at least be looked into. To do it any other way is to say homicide is no big thing, that somebody's life at that scene was worthless, and without due process, either. Florida's seeing the results of that now.
Legislators must not approach criminal law with the idea that arrest, investigation and trial themselves are injustices. (Though it might be literally true, they should approach that problem separately.) Otherwise the entire system of jurisprudence becomes unworkable.
MD20
(123 posts)I tend to agree with most of your post, but I could not agree with the following:
If Zimmerman was following Trayvon and acting like the fool he was, Trayvon would have every right to STAND HIS GROUND.
If Trayvon had been armed he would have been justified in shooting Zimmerman.
If you were to be followed by someone, wouldn't that give you reason to fear for your life or induce fear of impending bodily harm?
Then, to have the audacity to catch up with the victim and ask him what he is "doing there" is an overt act of aggression. Martin had no obligation to answer anything, nor was he obligated to stop walking, running or whatever at the behest of Zimmerman. Zimmerman did not see Martin commit a crime... Instead ZImmerman committed the crime by stalking, confronting and then shooting the victim.
And don't think you are the only veteran law enforcement/instructor person here... there are a lot of us.
RBInMaine
(13,570 posts)he did have the right to move around his neighborhood and monitor Trayvon for at least a short amount of time. Bad judgement maybe, but that is just not a crime. It just isn't. I would agree that at the point he confronted Trayvon, his judgement became even worse. Then if he tried to restrain Trayvon, then that becomes assault and Trayvon had the right to resist that.
I never said Trayvon was obligated to stop, answer questions, or whatever. Not at all.
But we must also be fair at this point and we can not assume Zimmerman's intention was to just walk up and immediately shoot and kill, because that didn't happen. However, as I have said, it appears Zimmerman instigated the situation and in the end the circumstances do not justify using deadly force. So Zimmerman gets at least a manslaughter charge or the Florida equivalent. Is that better?
MD20
(123 posts)Last edited Mon Mar 26, 2012, 12:24 AM - Edit history (1)
As I said before, your assessment of the less than fully disclosed events is agreeable. I might add that the bulk your analysis was expertly done.
Yet, the nagging pangs of doubt arose when I saw that you started your 4th paragraph with this:
To me, that statement is troubling because it embodies the premise that Zimmerman 's
right to be suspicious of Martin somehow coalesced into the authority or , as you put it,, the right to harass Martin by following him, apparently at a close enough distance to make Martin nervous. But you didn't stop there, did you? Without citing any references you unilaterally embrace all of the moves made by Zimmerman that led to this tragedy in the first place. Indeed, saying Zimmerman had the right to pursue Trayvon and ask him what he was up to is disingenuous.
MY POINT: if Zimmerman was following Martin so close that he could see the lint on his hoodie, that is undue harassment. Following from a safe distance, say a couple of hundred feet , would not be so obvious and iMHO would be more acceptable.
We know "following" placed Zimmerman in close proximity to Martin. You seem to support the notion that it was ok for Zimmerman to escalate his harassing episode by asking the victim questions. If it were Snoop Dog instead of Martin, I imagine the silence in the neighborhood would have been punctuated with multiple shots...all into the body of the stalker, Zimmerman. Snoop, though, would have been arrested and hauled off to jail.
The Stand Your Ground Law wasn't written for Black folks who shoot white people, was it? Fear of blacks was the reason for such a law in the first place. So let us not pretend otherwise. While your global assessment is commendable, that one little excerp that I dared to address sums up the reality that prevades, not just the Twin Lakes community and Sanford, but the entire nation as a whole! Like it or not, that is just the way it is...for now!
DEFINITIONS:http://www.merriam-webster.com/dictionary/stalking?show=0&t=1332728292
http://www.esia.net/State_Stalking_Laws.htm
jeff47
(26,549 posts)Even for a layperson.
MD20
(123 posts)you are just squealing like a colon under pressure to let off some hot air!
jeff47
(26,549 posts)MD20
(123 posts)That is the trouble with laws, Few Americans have a GRASP of them...we need to change that! BTW
Here is the legal definition as applicable to Floridian law. It may need to be updated
Please read and make your own decision... I am open to learning for everyone here... Thanks for your patience
http://www.esia.net/State_Stalking_Laws.htm
FLORIDA
Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.
(1) As used in this section, the term:
(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.
(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.
(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
IndyJones
(1,068 posts)press charges "based on Zimmerman's statements and evidence at the scene". But they didn't collect all of the evidence they could have, so how do they prove that assessment? Shouldn't they have collected any and all forensics at the scene in case Zimmerman was lying?
RBInMaine
(13,570 posts)crime scene investigation and analysis and full forensic evidence collection protocols completed on both Zimmerman and Trayvon.
coalition_unwilling
(14,180 posts)I suspect some primitive atavistic stuff was happening. Victim is an unidentified young black male subsequently in the morgue as a "John Doe" for 24 hours, survivor\assailant is a white male arguing self defense. Cops are white males. I suspect they viewed the victim as less than a person, thus no need to collect forensics.
Do you think Berlin Police investigated any Berlin Jew's claims of vandalism following Krystallnacht? Same thing going on. Viewing the other as 'not human' allows for professional practices to be set aside. Also remembering the white guy in Boston who claimed his wife had been attacked and killed by an unknown black male asssailant, setting off a Boston PD rampage among the Boston African Americam community a couple decades ago.
I in no way excuse that behavior and it brings the policies and practices of the Sanford PD into deep question. But it may just explain what seems from my vantage point as almost criminal negligence on the part of the Sanford PD.
Straw Man
(6,625 posts)It's refreshing to hear an opinion that is not only based in real-life experience, but is reasoned and rational as well. While none of us really knows what happened there, your scenario is very plausible. I too believe that Zimmerman probably provoked this confrontation, which means that the "stand your ground" law absolutely does not apply.
In self-defense classes, I have had it drilled into my head that an armed citizen (a) is not a cop, (b) has no right to detain anyone, and (c) has no business challenging anyone. Zimmerman must have been absent that day.
onestepforward
(3,691 posts)will hurt this case? It's too late to do a full forensic protocol and I was wondering if they will have enough evidence to bring charges against Zimmerman. My biggest concern is that this case has been so botched that Zimmerman will get off.
Thank you.
RBInMaine
(13,570 posts)overly aggressive and even possibly racially motivated behavior on the part of Zimmerman. You still have all the circumstances too: the racial profiling, the size and age difference, that Trayvon was alone, that Trayvon was completely unarmed and screaming for help, that Zimmerman clearly instigated and aggravated this...I think you still have a strong case for at least a reckless and unlawful use of deadly force under the circumstances.
onestepforward
(3,691 posts)It's been eating at me and I don't know anyone with experience to ask about it. You've added valuable information and I'm very grateful.
LuckyLib
(6,819 posts)at the scene? Placement of the body, etc. etc. that would give a context to the story told by Zimmerman? Clearly, his "status" as a wannabe immediately gave him privileges with respect to how he was treated by local police. As you indicated, a thorough look at this would have required detaining him on grounds that someone had died as a result of his behavior, and the investigation would lead to further information. Seems very keystone cops to me.
CreekDog
(46,192 posts)thanks for the insight.
Warren Stupidity
(48,181 posts)Following somebody is not a felony. Talking to somebody on the street is not a felony. Aggressively confronting somebody, as long as there is no physical assault, is not a felony. Unless there is physical evidence or eye-witness testimony to contradict Zimmerman's lies, he will get away with murder because his testimony will place him within the parameters of Florida's SYG law.
The fact that he is lying does not mean SYG does not apply. That is a huge part of the problem with these laws: the murderer exploiting these laws needs only to make sure that there are no surviving witnesses and then his version of the events can be readily fabricated to fit within the SYG parameters.
EFerrari
(163,986 posts)At that point, they will be gifted with motivation to do something about themselves. But I still think there's something more going on here because this is the third instance of them standing down and then trying to lose one of these cases that we know of.
X_Digger
(18,585 posts)If there was a 'Duty to Retreat', Zimmerman would have claimed he tried to retreat from Martin and couldn't safely do so. (A bullshit claim, mind you, but he's already claiming he was on his way back to his suv.)
Without evidence to show that it wasn't true, we'd be in the same place we are now.
Warren Stupidity
(48,181 posts)Why supporters of these laws think it is a good idea to make it easier for sociopathic murderers to get away with murdering people escapes me. That they *could* do it under the prior 'obligation to retreat' standard is not a good argument for making it easier.
X_Digger
(18,585 posts)But this law doesn't apply, based on the details we have so far, so how can it be implicated? I'm not following your logic here.
Lots of criminals try to take shelter under various laws and protections that they legally can't due to circumstance. That doesn't mean the laws they're trying to use are bad, or should be repealed.
Warren Stupidity
(48,181 posts)That is why Zimmerman was not arrested: the law was applied. That is simply a fact.
X_Digger
(18,585 posts).. to arrest him?
Warren Stupidity
(48,181 posts)as they knew he had pursued Martin.
Zimmerman might still have gotten off, but he likely would have been arrested. More to the point, he might not have done what he did.
X_Digger
(18,585 posts)If the cops bought Zimmerman's defense (which would have likely changed based on 'duty to retreat'), they wouldn't have *had to* to do jack shit. Given their history, I think it's naive to assume that they'd suddenly change behavior with the addition or lack of one particular law.
I think there's a fundamental lack of knowledge about how the law, state's attorneys, DA's, judges, and juries work going on here.
eta: changed 'forced' to 'had to'- mixed up this post with another.
Starboard Tack
(11,181 posts)SYG laws in Florida have created an "open season" mentality. The cops are powerless when the onus is on the dead guy to prove it wasn't self defense. Can't say I'm surprised to find you supporting this law.
X_Digger
(18,585 posts)And only charged the teen once video of the assault was posted to youtube?!?
The cops who gave a wink and a nod to two security guards beating another black man?!?
*That* police department?!?
Pull the other one, it's got bells on.
csziggy
(34,137 posts)Posted on: 11:03 am, March 24, 2012, by Nick Dutton
SANFORD, Florida (CNN) A lawyer for the man at the center of the Trayvon Martin death investigation said Floridas stand your ground law doesnt apply to the shooting that killed the unarmed teen.
In my legal opinion, thats not really applicable to this case. The statute on stand your ground is primarily when youre in your house, said Craig Sonner, attorney for George Zimmerman.
This is self-defense, and thats been around for forever that you have a right to defend yourself. So the next issue (that) is going to come up is, was he justified in using the amount of force he did?
More: http://wtvr.com/2012/03/24/zimmermans-lawyer-stand-your-ground-doesnt-apply-in-trayvon-martin-case/
DFW
(54,436 posts)"From hearing what the on-scene witnesses are saying and all other evidence I am aware of, the local cops bungled this."
That assumes the action (or lack thereof) of the local cops was full of errors. From all appearances, their actions seem to have been quite deliberate and thought-out. What they did (or didn't do) IN THEIR EYES was not mistaken--not then and not in retrospect. They only bungled it in terms of proper procedure. They did no forensic testing on Zimmerman's hands or clothes, let him go home with his weapon, took 72 hours to inform the victim's family, didn't question the perp beyond superficially, etc. Proper police procedure looks to have been the last thing on their minds.
sabrina 1
(62,325 posts)but it was incorrect. Trayvon's father reported him missing when he did not return home. I do not know if his report was on the evening of the 26th or the following morning. But according to the police report, they spoke to him late in the morning of the 27th and showed him a photo of his dead son, who he identified. So, due to the missing person report, the family knew he had been shot about 15 hours after the shooting occurred.
I keep seeing this and I know it is because of the early reporting, so just wanted to correct it
X_Digger
(18,585 posts)I know, all the cop dramas and such have made us come to expect being able to see / read every bit of information that a department has on hand.
In real life, it isn't usually like that.
Now, considering the repeated incidents by this department of looking the other way or actively covering up crimes when the victim was black? I wouldn't trust them as far as I can throw them.
That's why I'm happy to see the DoJ step in.
TheKentuckian
(25,029 posts)Old and In the Way
(37,540 posts)On what grounds? As I understand it, Martin was in a public place. What gives Zimmerman the right to stop and question him? Does anyone get to stop anyone in a public place and interrogate them? I think not. If he was suspicious of Martin's intent, as he apparently was, he should have let the police handle it.
Personally, I've met a few of these Zimmerman-types in my life. They spend a lot of time fantasizing about these types of "showdowns" with "the bad guys" and game out how they would "bring them to justice". I think Zimmerman's whole life was spent immersed in this reality/fantasy world and he finally acted on his impulse to take down what he was sure was a criminal.
What I don't get was why he wasn't arrested on the spot and charged with suspicion of murder. I've never seen a case like this where the killer just gets to walk away from the crime scene without the PD knowing what really happened. It is unfathomable to me that the PD simplyy defaults to the story given by the only party who happens to be the only one still alive at scene.
bluedigger
(17,087 posts)I can say most anything I want to you in public (local swearing statutes excepted ), and you can choose to ignore me and go on about your business.
pasto76
(1,589 posts)"if he had just been open and forthright, he wouldnt have been shot"
part of conflict resolution and management stuff Ive learned in my life -formal education, not anecdotal - if you are in an argument, confrontation, and you start to walk away, the other person following you is an act of aggression. If I am trying to physically disconnect myself from our argument, and you reclose that distance - expect to get hammered in the grill by me.
The last part is not part of my education;0
OP is right on!
bluedigger
(17,087 posts)Nobody saw how the confrontation escalated. I wish you wouldn't perpetrate right wing talking points here.
Eddie Haskell
(1,628 posts)Glad to see an unbiased analysis from law enforcement's side.
bottom line
(94 posts)I'll refrain using words I like to use to describe this "Professional."
A policeman DOES NOT HAVE THE RIGHT to stop someone unless there has been a reason in the area to stop them PERIOD! I.e. a crime. This was a 17 year old kid, followed, assaulted, then murdered by someone abusing powers police DO NOT HAVE. A 17 year old KID, chased by a THUG!
All of our hearts go out to the Martin family.
Honeycombe8
(37,648 posts)living there might have the right to inquire of someone what they're doing there?
underpants
(182,868 posts)Spot on RB - I don't have your experience but I do know how any incident is normally handled - it is handled, controlled, and investigated.
Thanks for the post
tooeyeten
(1,074 posts)"This guy Zimmerman is a power-hungry cop wannabe out to fuel his ego and be a "hero", all ego driven."
He is more of a danger to the community than anyone else.
TeeYiYi
(8,028 posts)Do you believe Zimmerman had a legal right to continue pursuing the boy even after the 911 person told him to stand down? ...
TYY
snagglepuss
(12,704 posts)and shouldn't the police either have taken Zimmerman to a hospital or have called for ambulance?
X_Digger
(18,585 posts)(Assuming you give any credence to them..)
http://www.sanfordfl.gov/investigation/docs/Twin%20Lakes%20Shooting%20Initial%20Report.pdf
snagglepuss
(12,704 posts)A broken nose produces a lot more blood then a mere nose bleed. It'd be interesting to know when Zimmerman was told he had a broken nose.
Starboard Tack
(11,181 posts)mbuch64
(55 posts)Zimmerman's lawyer claims his nose was broken. If this is true and he was bloodied up and the back
of his shirt was messed up, you would think he would have some documentation (he didn't go to a doctor with a busted nose?) to prove his claims. Seem to me that Zimmerman isn't trying very hard to defend himself. This stinks of cover up.
evilhime
(326 posts)That is one of the clearest and most impartial analysis of this situation that I have heard/read.
loyalsister
(13,390 posts)Facts and balanced analysis. I must add, though that the outrage is not unreasonable given the questions that have been raised.
jopeli
(8 posts)Now, Let,s see how the defense try to murky up the case.
secondvariety
(1,245 posts)Unfortunately for Trayvon it happened in arguably the most uncivilized, corrupt state in the Union. In Florida, whomever survives is the victim and the dead one is obviously the criminal with no questions asked (unless there are some pesky eyewitnesses).
This is why I hate the whole SYG and CCW industry-any knot head who takes a course and can pass a rudimentary back ground check can now pack a heater almost anywhere (our state legislature is busy getting rid of what restrictions are in place). I don't really worry about criminals-I worry about the pipsqueaks who suddenly feel embolden with their shiny new Glocks and are just itchin' to try them out. If I were king, Florida would be the last place where SYG was allowed.
HockeyMom
(14,337 posts)Was that know to the local police? Do you think this could have played a part in treat his son with kid gloves by the local police, especially considering the number of times Zimmerman called 911 to report really stupid (like 7 year old kids) suspicious individuals?
X_Digger
(18,585 posts)Not sure if he'd be able to pull any strings, but I bet he knows what story to tell.
angrychair
(8,732 posts)At least where I live we have an 'unlawful detention' law, not sure about FL. Meaning, that it is unlawful to stop, detain or imped the travel of someone against their will. No one, not even a law officer, can stop me on the street to ask me questions if I don't want to stop. I am free to answer or not answer any question and leave when I want. Even so much as putting your arm across a doorway to prevent a person's egress can be considered unlawful detention. So, even a law officer has to have enough evidence to detain me before they can imped my free travel or to question me. So Zimmerman, as a private citizen, had no right to stop (i.e. question), detain or imped Martin for any reason, at least where I live. They have to had know that Zimmerman was following him and approached him or Martin was afraid for his life and fought back. By giving Zimmerman the right to stand his ground and face no charges based on self-defense, creates a presumption of guilt on the part of Martin and presumes he was in the middle of a criminal act and therefore had no basis for self-defense. The whole thing doesn't make sense on its face to me.
Initech
(100,099 posts)spicegal
(758 posts)whatever the legal charge would be, when someone dies as the result of clearly reckless behavior and/or bad judgement. Even if it was an accident, or altercation gone bad, Zimmerman was behaved recklessly. He pursued Trayvon, confronted him, and was the one carrying a loaded gun. People in this country are not simply allowed to walk away from a homicide, even accidental, without a full investigation.
coalition_unwilling
(14,180 posts)it was a tribal thing: unidentified young black male dead and white guy claiming self defense known to cops already. Easy for cops not to see victim as fully human being.
bvar22
(39,909 posts)....wouldn't Trayvon have the "right" to gun down Zimmerman under "Stand Your Ground"?
I would certainly feel threatened if one of those creepy vigilante assholes was "pursuing" me.
yardwork
(61,698 posts)behaved the way they did?
I have my suspicions but I'm not a cop. I'm very interested to hear your thoughts.
Thanks again for this.
LittleGirl
(8,288 posts)and respect your point of view. But the thing is: when there is a fatality on the highway, they shut the damn road down for hours while they reconstruct or try to reconstruct the accident based on witness accounts and placement of the deceased. Right? You know, this has been a cover up by no other name since the last breathe of Trayvon. His death was NOT investigated and no highways were shut down. Was it because he was black or because the shooter was white, we'll probably never know and frankly doesn't matter.
What is crystal clear is that the investigation was NOT performed and the shooter walked away, washed his clothes and was never tested for drugs or alcohol. For nearly a month now., none of that drug testing or any of the Standard Operating Procedure happened when someone dies; like every other day of the year, with every other victim. Why was this case different? What is being hidden? Why? How and Who?
That is the key.
noiretextatique
(27,275 posts)it was murder...plain and simple. this wannabee cop took it upon himself to stalk and confront Trayvon for no reason...except for his own prejudice. he confronted him and the poor kid tried to fight back, and this fng coward pulled a gun and shot him for no reason...except for his own prejudice. the police FAILED to investigate the perp, and let him go without collecting any evidence...but they did do a drug test on the victim. the entire matter stinks to high heaven, and the Sanford PD is going to be held accountable. and so is the murderer zimmerman. manslaughter is not enough for this creep...he needs to be charged with murder.
Puzzledtraveller
(5,937 posts)That someone of Trayvons build shouldn't be threatening by sheer presence alone, or within the actions of physical violence Trayvons build should have allowed the much larger Mr. Zimmerman to be able to deflect and defend himself in a physical altercation with someone much smaller than himself. AS A FORMER police officer also! I can tell you size has little to do with it, more so if Mr. Zimmerman was already intimidated, possibly motivated by pscyhological fears that tie into a prejudice that would facilitiate racism.
His profile would indicate a sense of inferiority, he would not be good in a fist fight and would probably panic, very very likely. He carried a gun. He may have had the right to carry one, but as many have asked, why?. It is entirely possible Trayvon did turn on his pursuer resulting in his death at the hands of Mr. Zimmerman. Does is make it justified? In my opinion no. I say manslaughter is viable. If Mr. Zimmerman is charged it will be with the highest charge,then worked down. He will never get a murder conviction.
Uncle Joe
(58,403 posts)Thanks for the thread, RBInMaine.