Neighborhood Watch and the Police

Today’s topic is the George Zimmerman case in Florida.  The assailant, George Zimmerman alleges that the dead man, Trayvon Martin, attacked him and that he had to use deadly force to protect himself.  The family of Mr. Martin, and a goodly portion of the US public, believe that Mr. Zimmerman shot Mr. Martin in cold blood and without justification.  When the police arrived, Mr. Zimmerman reportedly had a bloody nose and a wound on the back of his head.  This and the 2005 Florida law had the local sheriff’s department concluding that the self-defense claim of Mr. Zimmerman was righteous.

Where is the truth?  We will likely never truly know.  Opponents of handguns, opponents of the Florida law, and liberals of most stripes, have already convicted Mr. Zimmerman in the press.  Various independent people who are tired of being backed up into their houses at night are advocating for Mr. Zimmerman.

 

Here is all we really know.  Mr. Zimmerman called ‘911’ when he noticed Mr. Martin.  Alleging that Mr. Martin’s actions were suspect probably does speak to the mindset of Mr. Zimmerman.  Certainly he felt threatened by Mr. Martin.  Mr. Martin, who does not seem to be a criminal, was also likely frightened and/or alarmed by Mr. Zimmerman’s attentions.  Mr. Zimmerman decided, for whatever reasons, to exit his vehicle.  He told the police that he merely wanted to check the street name which seems unlikely given his familiarity with the neighborhood; this does not mean that he is lying.  Somehow Mr. Zimmerman came to be injured in whatever scuffle ensued.  Mr. Martin ended up dead.

I can see several possibilities.  

• Mr. Zimmerman left his vehicle to stalk and follow Mr. Martin.  Mr. Martin decided to confront Mr. Zimmerman and an altercation followed.  
• Mr. Zimmerman left his vehicle to check the road sign and was attacked when he attempted to return.
• Mr. Zimmerman accosted Mr. Martin and provoked him.

I believe that only the second of the above instances would justify deadly force and then only if he felt himself in imminent danger of serious injury.  In any event, Mr. Zimmerman exercised bad judgment in leaving his vehicle.  This does not mean that he is guilty of manslaughter.  Mr. Trayvon Martin is dead and his family is understandably upset.  The State of Florida would like to set some limits on their self-defense law that does not require a person to retreat when threatened.  Either the case will be dismissed for lack of evidence against Mr. Zimmerman or the State of Florida will prosecute him to make him an example.  Given the paucity of evidence so far brought forward, it is unlikely that they will obtain a conviction although a hung jury is possible. 

In either event, should the state pursue a criminal case against Mr. Zimmerman, a wrongful death suit will likely be brought.  Without a full acquittal, such a case could proceed.  Mr. Zimmerman will soon discover that he has no coverage under his homeowners’ insurance for such a wrongful death and while there is other insurance available, it generally only covers legal expenses.  If Mr. Zimmerman has any coverage beyond homeowners’ coverage, I would be surprised.  This and given the fact that the standard of proof in a civil case is “preponderance of evidence”, not “beyond a reasonable doubt”, will likely make the coming 24 months very bad for Mr. Zimmerman.

The conclusion?  A neighborhood watch is not a neighborhood patrol.  No one participating in such has the training, the legal standing, or the financial resources behind them to cover going in harm’s way.  If you want additional patrols in your neighborhood, call the police.  If you cannot get them, fire the local government!  While getting a gun for protection is a right, having one and using one are two different things.  Leave the patrolling to the professionals.