Zimmerman To Be Charged

[Slick]

leaked out Prosecutor to hold News Conference at 6PM and Zimmerman is to be charged.....now they just gotta find him.

 

[tsmith7559]

leaked out Prosecutor to hold News Conference at 6PM and Zimmerman is to be charged.....now they just gotta find him.

whats the charge?

 

[Slick]

whats the charge?

most likely manslaughter...is the early scuttlebut

 

[tsmith7559]

most likely manslaughter...is the early scuttlebut

New BP Party will be furious......so will Rev Al...I'll have to tune in

 

[Slick]

New BP Party will be furious......so will Rev Al...I'll have to tune in

you got the cash...donate to Zims defense fund , he's gonna need the $$$

 

[tsmith7559]

you got the cash...donate to Zims defense fund , he's gonna need the $$$

not interested....let the law sort it out

 

[Slick]

not interested....let the law sort it out

:tup:

 

[Michchamp]

New BP Party will be furious......so will Rev Al...I'll have to tune in

no they won't. it's what they've been asking for all along.

next up: the DOJ & Florida AG need to investigate the Sanford PD.

 

[Thumb]

no they won't. it's what they've been asking for all along.

next up: the DOJ & Florida AG need to investigate the Sanford PD.

I think he means that they will be furious that they wont go for Murder 1 or 2.

Manslaughter is a joke, but probably the only charge that would get a conviction with that stupid law.

 

[Slick]

2nd degree murder charged....

 

[Thumb]

2nd degree murder charged....

Cool, that's what he deserves, but a higher probability he walks on that charge.

 

[Thumb]

2nd degree murder charged....

And in custody now.


http://usnews.msnbc.msn.com/_news/2...e-in-trayvon-martin-case?lite&ocid=todmsnbc11

 

[Michchamp]

Cool, that's what he deserves, but a higher probability he walks on that charge.

I don't know. Here's what the statute says:

[SIZE=-1](2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
...
[/SIZE]​

[SIZE=-1]Was trying to find some legal commentary from an actual Florida criminal defense lawyer or DA... haven't been successful so far.

The bolded portion is what I'm curious of, and what the case may turn on (aside from any self-defense claim Zimmerman puts up). Not sure what has been held to constitute a "depraved mind" in prior cases. I'm guessing the tape of Martin screaming for help for a period of time prior to getting shot would do it. the other elements of the crime are obvious here, since Zimmerman definitely killed Martin (not in dispute) & the act (shooting him) was imminently dangerous.

the prosecution might even be able to get some of the statements Martin made on the phone admissible under an exception to hearsay.

It doesn't appear that the evidence to support ZImmerman's self-defense claims will hold water; an article I read quoted two difference voice analysis experts that concluded the screams came from Martin; and the footage of Zimmerman at the police station doesn't show any evidence that he had been beaten.

If the DA is incompetent & Zimmerman has a better attorney, they might be able to shoot holes in the prosecution's case; or alternatively, if DA screws up voir dire and leaves a bunch of White Supremacists on the panel the could vote to acquit regardless of the evidence presented... but either way, I don't think it's looking good for Zimmerman.[/SIZE]

 

[tinselwolverine]

With his buzzed head in his booking picture, Zimmerman looks like a fucking cholo; like he could be a memeber of the 18th Street Gang or some shit.

If I saw Zimmerman walking around my neighborhood, I would be suspicious.

 

[Thumb]

I don't know. Here's what the statute says:

[SIZE=-1](2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
...
[/SIZE]​

[SIZE=-1]Was trying to find some legal commentary from an actual Florida criminal defense lawyer or DA... haven't been successful so far.

The bolded portion is what I'm curious of, and what the case may turn on (aside from any self-defense claim Zimmerman puts up). Not sure what has been held to constitute a "depraved mind" in prior cases. I'm guessing the tape of Martin screaming for help for a period of time prior to getting shot would do it. the other elements of the crime are obvious here, since Zimmerman definitely killed Martin (not in dispute) & the act (shooting him) was imminently dangerous.

the prosecution might even be able to get some of the statements Martin made on the phone admissible under an exception to hearsay.

It doesn't appear that the evidence to support ZImmerman's self-defense claims will hold water; an article I read quoted two difference voice analysis experts that concluded the screams came from Martin; and the footage of Zimmerman at the police station doesn't show any evidence that he had been beaten.

If the DA is incompetent & Zimmerman has a better attorney, they might be able to shoot holes in the prosecution's case; or alternatively, if DA screws up voir dire and leaves a bunch of White Supremacists on the panel the could vote to acquit regardless of the evidence presented... but either way, I don't think it's looking good for Zimmerman.[/SIZE]

"Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter."

This is what I found on the definition if Murder 2.

The problem with second degree murder is now the prosecution has to prove he willingly killed Martin.

As in willingly, pointed, aimed, and pulled the trigger.

Since there was was a physical altercation, he could skate if he says the gun went off as a result of the fight.

I believe it's second degree murder, but Manslaughter would be pretty easy to get a conviction on, second degree murder is iffy.

 

[tinselwolverine]

"Since there was was a physical altercation, he could skate if he says the gun went off as a result of the fight".

Kinda gonna be hard to go to there from self defense under the "Stand Your Grouond" law though...

 

[Slick]

they had a ballistics expert on Coopers show the other night and he said the gun that Zimmerman used needed 5lbs of pressure on the trigger to fire , he said using the wrestling for the gun defense was out because this type of weapon just wouldn't go off that easily.

 

[Michchamp]

"Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter."

This is what I found on the definition if Murder 2.

The problem with second degree murder is now the prosecution has to prove he willingly killed Martin.

As in willingly, pointed, aimed, and pulled the trigger.

Since there was was a physical altercation, he could skate if he says the gun went off as a result of the fight.

I believe it's second degree murder, but Manslaughter would be pretty easy to get a conviction on, second degree murder is iffy.

Well, the definition of murder 2 generally isn't applicable; it's the florida law that governs here.

I'm not familiar with FL criminal law at all, just going based on the statute.

the whole "accident" thing was one defense I didn't consider. I still don't think it applies, but he could use it as a defense, possibly to the "act" requirement of the statute.

if he successful establishes that the gun went off accidentally, then he's down to manslaughter.

But the prosecution has a few hurdles to overcome here, namely his self-defense claim. Just playing judge and jury here, based on the evidence presented in the media, I think the prosecution can meet their burden of proving murder 2 beyond a reasonable doubt. However, as always, things can happen in trial, and the jury ultimately decides. The prosecution might do a fine job, and the jury could still vote to acquit.

 

[byco42]

Surely the ballistics and the pathology of the wounds would largely reveal the circumstances of the shooting. If Zimmerman says "the gun went off accidentally," he has to explain how and why his finger was on the trigger and the gun was drawn to begin with.

 

[Michchamp]

Surely the ballistics and the pathology of the wounds would largely reveal the circumstances of the shooting. If Zimmerman says "the gun went off accidentally," he has to explain how and why his finger was on the trigger and the gun was drawn to begin with.

yep. basically, that brings him down to manslaughter, unless his self-defense claim trumps everything.

unless the autopsy was bungled, they can determine how Martin was standing & how close he was to the gun when he was shot.