Note: I wrote this blog post before the charges were brought against George Zimmerman. I haven't read the available updated reasons why charges were filed or what new evidence emerged. I still felt that my reasoning is valid so I'm posting this entry.
Trayvon
Martin is dead. George Zimmerman killed him. That's all we know. It's probably
all we will ever know.
Naturally
there is outrage over Martin's death. Every politician, including President
Obama, chimed in with a take. I thought the President's words were a bit over
the top in saying Martin is what his son would look like...if he had one. I
digress.
On one
side, people say that Zimmerman acted with racial motives. Other say Zimmer
acted within Florida state laws. The laws are called "stand your ground
laws" which allow a victim to use deadly force in self defense. A victim
is under no obligation to attempt to flee; thus the popular name to the law.
This much
is clear. Zimmer shot Martin. Zimmer
claims Martin attack and beat him so he shot in self defense. The other known
fact is that Zimmer called 911 from inside his vehicle. When he reported what he deemed suspicious
youth, the 911 operator told him police are on the way and instructed him to
stay put. Zimmerman ignored instructions.
In getting
out of his car and confronting Martin, I believe that Zimmerman lost his legal
right to stand his ground. Had he waited for police, who were on the way,
Martin would probably still be alive. Had Zimmerman stayed put, he kept his
right intact and then would be in a legal self defense mode IF Martin actually
attacks him.
Here I have
to throw in some common sense and conjecture. I'm assuming that Zimmerman felt
he did the right thing when he confronted Martin. I also assume Martin was also just walking
back from the store with no ill intent. Once Zimmerman confronted Martin, I can
see a scuffle breaking out. It was in this confrontation that Zimmerman felt
threatened and shot Martin.
The
question then becomes simply was Zimmerman justified in shooting? Is it a
legitimate self defense case?
To answer
the question of justifiable homicide,
the whole situation needs consideration. Zimmerman supposedly was on
duty as a neighborhood watch. He was just a citizen on patrol. He was not an
off duty officer working an extra security job. Zimmerman's role is limited to
observe and report an crimes or suspicious activities. He did the right thing
in calling the police. Whether the call was warranted or not is moot. The 911
dispatcher told him to stay in the vehicle. He didn't. He chose to get out and
assess the situation first hand. He lost any the right to self defense when he
chose to confront Martin. He went from passive observation to active
confrontation.
The only
scenario I see giving Zimmerman legal protection is if Martin attempted to get
into the car or began attacking the car. The law is stand your ground. Getting out of the car when police are the
way is not standing your ground. No person or property was in immediate danger.
Unless more
evidences or a witness emerges, I cannot see this case as a self defense case
under the stand your ground doctrine. When Zimmer stepped out of the car and
toward Martin, he went from defensive position over into an offensive one.
My only
question is this a case of murder or manslaughter? I'll have to think that one
through some more.
