Quote:
Originally Posted by Rochard
Yes, that is correct - the next blow Martin gave him could have been life deadly. But the next punch Zimmerman gave could have been deadly too. But if you are going to be determining "life threatening" by "the next punch could have been deadly", you can argue that every fist fight "could be deadly" and thus "could be met with deadly force" even if there is no witness.
Zimmerman's wounds were not in any way, shape, or form "life threatening".
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Zimmermans wounds do not have to be life threatening. It's not a factor. It's a non argument that you keep making that has zero relevance. Even the investigating officer made it clear on the stand that its not a factor. What matters is a reasonable belief in what might happen next. Thats it. When you've been struck several times in a violent altercation, there is a reason to believe you are going to be struck several more times.
Anyone that knows anything about fighting knows that all it takes is one blow to rock you enough that you have zero control over what happens next. And its the "what is reasonable to believe might happen next" part that is in question. Not "what already happened".
And by the way, the act of a guy walking up to you and punching you in the face, breaking your nose and knocking you down is already enough as was made clear in testimony to pull out a gun and shoot the attacker under Florida law... . nevermind what happens next, what was said, what threats were made and how many times Martin hit Zimmerman etc.
It's unreal that you have to keep going back to that point.
All that matters is whether or not he felt a threat of grave bodily harm in the moment he pulled out his pistol and shot Martin.
You're downplaying of what happens ignores 100% what could have happened had the gun not came out and what might have happened with the very next blow.
You have no clue how it went down in those last few seconds - but a few facts are clear.
1) Zimmerman has only defensive wounds
2) Martin has only offensive wounds
3) Someone was screaming and crying for help for 40+ seconds
4) Zimmerman shot Martin at very close range (while Martin was on top of him)
The state has brought no evidence forward to cast any reasonable doubt on Zimmermans account.
The state has brought forth no evidence to prove it happened another way. They have to prove that beyond a reasonable doubt. They haven't. They simply made a bunch of assertions and claims, did a little character assassination and did nothing to actually prove beyond a reasonable doubt that Zimmermans account is wrong.
Police did not doubt Zimmermans account.... hence they had no intention of filing charges.
Even the FBI through their own investigation found no malice, racial motive, hate, ill will etc present in Zimmerman which is REQUIRED to prove 2nd Degree Murder in Florida.
Zimmermans account is supported by facts.
Zimmermans account is supported by eyewitnesses.
The state has not demonstrated Depravity of Mind - meaning that Zimmerman had a racial motive, hatred, evil intent, etc etc. One guy following another guy and a fight resulting does not automatically mean Zimmerman was racist or had the intent to commit murder based on his hatred of blacks, hated Martin (whom he did not know) and so on. You can't prove he's racist when he's well known for volunteering to tutor black kids, had a black business partner and further, the FBI through their own investigation concluded race played no role. SO... if its not racial, they don't know each other (already hate/intensely disliked each other) and he's calming on the phone with 911, guiding police in to Martin... where is the part where he's crazy and is ready to commit murder based on hate, ill will or anything else? There is nothing found in evidence or testimony that
PROVES BEYOND A REASONABLE DOUBT that proves Zimmerman was of a depraved mind. Arguing that Zimmerman following him and CALMLY guiding police to Martin is about as far away from that as you can get.
Florida statutes... 782.04 (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 "
Depravity of Mind:
"Under Florida law the mere fact that an armed man kills another who is unarmed does not prove a ?depraved mind? (Poole v. State, Bellamy v. State, and Light v. State). Typically, the prosecution proves ?ill will, hatred, spite, or an evil intent? through evidence of a long-standing grievance or some unusually wrongful or aggressive conduct on the part of the attacker."