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FuzzQi
Supreme tranceaddict

Registered: Sep 2009
Location: In your face
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Jul-17-2013 07:27
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Joss Weatherby
Banned

Registered: May 2008
Location: The Pacific Northwest, of course
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| quote: | Originally posted by srussell0018
No, manslaughter as was defined by the judge when the jury asked for clarification, is if Zimmerman had shot Trayvon in an unjustified or unlawful manner. Being attacked and shooting him in self defense is justified and lawful in their state (and most states for that matter). While in New York you have to be actually be being attacked in order to shoot. You can't shoot an intruder as soon as they enter your home. Regardless, if they attack you, you have every right to shoot them, and the case would be dismissed due to the self-defensive nature of the shooting. |
Easy then. Charge Zimmerman with assault, as his actions following Martin could be defined as threatening or there to be a perception of imminent violence, then charge him with voluntary manslaughter. Florida's stand your ground law only applies if the person who shoots is not in commission of any other unlawful activity.
Eitherway, Murder 2 was such an insanely inappropriate charge, the prosecution could have done a ton of different things to get this guy.
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Jul-17-2013 15:50
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Joss Weatherby
Banned

Registered: May 2008
Location: The Pacific Northwest, of course
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| quote: | Originally posted by srussell0018
You also repeatedly ignore the fact that the jury could have found him guilty of manslaughter as well, which they didn't, as there was ZERO evidence to prove it. |
Because the prosecution sucked. There is plenty of evidence to say it was assault. Zimmerman said Martin knew Zimmerman was following him. Zimmerman said that Martin is running. Zimmerman got out of his car, and honestly if Martin was waiting to attack Zimmerman, than Martin clearly felt threatened by Zimmerman.
The prosecution got big eyes and wanted to paint Zimmerman as a killer out to get this kid, that was the wrong way to go. The situation was just unfortunate circumstances, that both parties had a role in.
I think the prosecution could have made a clear assault charge based on Zimmerman's stated intent to follow a running person who was clearly aware of him. That is aggressive. If you are doing nothing wrong, as Martin was, and someone is following you in their car, and you take off running, and they get out of their car and pursue you, you could make a pretty strong justification that him getting out of the car and pursuing.
If you look at the statute for assault in Florida you can easily fulfill all of the requirements:
| quote: | | An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another |
The act is leaving his car and following Martin after Martin ran.
| quote: | | coupled with an apparent ability to do so |
Physical violence through use of the body is an inherent ability. Furthermore, I am not sure, but if he was open carrying then the appearance of a weapon is an apparent ability as well.
| quote: | | and doing some act which creates a well-founded fear in such other person that such violence is imminent. |
Zimmerman acknowledges that Martin was aware of him. Martin ran from Zimmerman, which can be construed as Martin feeling a well founded fear, fear enough to run and hide.
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Jul-17-2013 18:53
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