Thursday, March 22, 2012

Follow-up on Zimmerman

Here is a follow-up to the earlier post on George Zimmerman and Treyvon Martin.


As additional reports come to light, it appears more likely that George Zimmerman will be charged in the death of Treyvon Martin, the teenager that he shot.  First, the national uproar will likely cause either the local district attorney or the State attorney to act.  Whether they get a green light from a grand jury remains to be seen.  The other reason is that the anecdotal evidence is beginning to mount to the point that a more thorough investigation seems to be mandated.  Whether all of the questions can be answered remains to be seen.  Among the questions:


  • Did Mr. Zimmerman utter a racial epithet before the shooting?
  • Mr. Zimmerman weighed in at 250 pounds vs. Mr. Marin's 140 pounds.  Was there a disparity that favored Mr. Martin?
  • Is Mr. Martin's girlfriend a credible witness and would her testimony be allowed?
  • Did Mr. Zimmerman confront Mr. Martin and physically attack him as has been alleged by his girlfriend?
  • What are the facts of Mr. Zimmerman's criminal history?  Several news organizations have alleged domestic violence (which would have precluded his legal purchase of and  issue of a corresponding concealed carry license)?
  • Can the state establish a racist motive for Mr. Zimmerman?  Obviously some media organizations can do so but can the state or federal government prove that allegation?
  • Was Mr. Zimmerman attacked from behind?
  • Is there a logical reason to traverse a gated community from the convenience store that Mr. Martin visited? (i.e. the shortest route or easily lost)
  • Why was Mr. Martin suspended from School? (Only an issue if he is shown to be a hothead, etc)
All-in-all this is a pretty ugly case.  In New Mexico, my estimate is that Mr. Zimmerman would have been charged.  Whether the attorney general could get a grand jury to agree on the evidence remains to be seen.  The Florida "no retreat" law, as written, complicates the issue.  Arizona has a similar law but an over-riding requirement is that the shooter must not have instigated or provoked a physical encounter.  The circumstances with Mr. Zimmerman fail that test unless he clearly was attacked from behind.


The wounds reported for Mr. Zimmerman could be interpreted as an attack from behind but some news organizations are reporting that this evidence was gathered after the initial encounter.  Mr. Martin's girlfriend is alleging that Mr. Zimmerman shoved or pushed Mr. Martin.  It is likely that all of these allegations will have to be vetted in a court of law.

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