We do not know exactly what transpired between George Zimmerman and Trayvon Martin in Sanford, Fla. We do know that the incident began when Zimmerman chased after Martin upon finding the 17-year-old "real suspicious," that Martin was unarmed, and that after a physical altercation Martin wound up with a bullet in his chest — facts that, taken together, could constitute a good reason to put the case before a jury. But in charging Zimmerman with second-degree murder, as opposed to a lesser charge such as manslaughter, the prosecution has overreached, likely in response to the heated public outcry the case has inspired. In Florida, this charge requires "a depraved mind regardless of human life"; the state's jury instructions interpret this to mean a person acted "from ill will, hatred, spite, or an evil intent." The prosecution's affidavit fails to provide evidence that Zimmerman acted out of such a motivation — and in fact, the wound on the back of his head indicates that Zimmerman may have been losing the fight, and likely acted out of fear. Simple fear does not justify killing in Florida — one must reasonably fear death or serious bodily harm, and must not have been acting illegally when the attack took place — but it does not justify a charge of second-degree murder, either.
Sent from my iPhone
Sent from my iPhone
Victor Cuvo, Attorney at Law
770.582.9904
1.888.355.4983 (fax)
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