U.S. Prosecutors: Zimmerman ignored warning to back off

[brassmonkey]

SANFORD, Fla. (AP) ? After weeks in hiding, George Zimmerman made his first courtroom appearance Thursday in the shooting of 17-year-old Trayvon Martin, and prosecutors outlined their murder case in court papers, saying the neighborhood watch volunteer followed and confronted the black teenager after police dispatchers told him to back off.


The brief outline, contained in an affidavit filed in support of the second-degree murder charges, appeared to contradict Zimmerman's claim that Martin attacked him after he had turned away and was returning to his vehicle.



In the affidavit, prosecutors also said that Martin's mother identified cries for help heard in the background of a 911 call as her son's. There had been some question as to whether Martin or Zimmerman was the one calling out.

The account of the shooting was released as Zimmerman, 28, appeared at a four-minute hearing in a jailhouse courtroom, setting in motion what could be a long, drawn-out process, or an abrupt and disappointingly short one for many of the Martin family's supporters because of the strong legal protections contained in Florida's "stand your ground" law on self-defense.

During the hearing, Zimmerman stood up straight, held his head high and wore a gray jail jumpsuit. He spoke only to answer "Yes, sir," twice after he was asked basic questions from the judge, who was not in the courtroom but on closed-circuit TV. The defendant's hair was shaved down to stubble and he had a thin goatee. His hands were shackled in front of him.

He did not enter a plea; that will happen at his arraignment, which was set for May 29. To prove second-degree murder, prosecutors must show that Zimmerman committed an "imminently dangerous" act that showed a "depraved" lack of regard for human life. The charge carries a mandatory sentence of 25 years in prison and a maximum of life.

The special prosecutor in the case, Angela Corey, has refused to explain exactly how she arrived at the charge. But in an affidavit filed with the court, prosecutors said that Zimmerman spotted Martin while patrolling his gated community, got out of his vehicle and followed the young man.

Prosecutors interviewed a friend of Martin's who was talking to him just before the shooting. His parents' lawyer has said that Martin was talking to his girlfriend back in Miami. "During this time, Martin was on the phone with a friend and described to her what was happening," the affidavit said. "The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why."

During a recorded call to a police dispatcher, Zimmerman "made reference to people he felt had committed and gotten away with break-ins in his neighborhood. Later while talking about Martin, Zimmerman stated 'these a------s, they always get away' and also said 'these f-----g punks,' said the affidavit, available at http://apne.ws/Itn7Nu .

It continued: "When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to his home."

"Zimmerman confronted Martin and a struggle ensued," prosecutors said in their account. The account provided no details on the struggle other than to say that witnesses heard numerous calls for help and that Martin's mother reviewed the 911 calls and recognized her son's voice crying for help.

Zimmerman told authorities that Martin attacked him as he going back to his vehicle, punched him in the face, knocked him down and began slamming head against the sidewalk. At Thursday's hearing, the case was assigned to Circuit Judge Jessica Recksiedler, a 39-year-old former assistant state attorney from Sanford who was elected to the bench in 2010. Zimmerman is being held without bail at the county jail.

For all the relief among civil rights activists over the arrest, legal experts warned there is a real chance it could get thrown out before it ever goes to trial because of Florida's expansive "stand your ground" law, which gives people a broad right to use deadly force without having to retreat from a fight.

At a pretrial hearing, Zimmerman's lawyers would only have to prove by a preponderance of evidence ? a relatively low legal standard ? that he acted in self-defense in order to get a judge to toss out the second-murder charges. And if that fails and the case does go to trial, the defense can raise the argument all over again.

There's a "high likelihood it could be dismissed by the judge even before the jury gets to hear the case," Florida defense attorney Richard Hornsby said. Karin Moore, an assistant professor of law at Florida A&M University, said the law "puts a tremendous burden on the state to prove that it wasn't self-defense."

Zimmerman's attorney, Mark O'Mara, said his client will plead not guilty. At some point soon, the lawyer is expected to ask the judge for a hearing on the "stand your ground" law. "It is going to be a facet of this defense, I'm sure," O'Mara said in an interview. "That statute has some troublesome portions to it, and we're now going to have some conversations and discussions about it as a state. But right now it is the law of Florida and it is the law that is going to have an impact on this case."

Martin family and their lawyer acknowledged the arrest is just a first step. "I think that it will start the process that we are pushing for," said Martin's father, Tracy Martin, "but we can't just stop because we have an arrest. We got to keep pushing to get a conviction and after a conviction we have to certainly continue to push to get a stiff sentence."

Martin family attorney Ben Crump said he wants to make the repeal or the amending of "stand your ground" laws in Florida and other states to be a big part of Trayvon Martin's legacy. "We're not the wild, wild west," Crumb said.

As for Zimmerman, O'Mara said after the court appearance: "He is tired. He has gone through some tribulations. He is facing second-degree murder charges now. He is frightened. That would frighten any of us."

"He has a lot of hatred focused on him right now," O'Mara said. "I'm hoping that the hatred settles down now that we're moving forward."

Follow Tamara Lush on Twitter at http://twitter.com/tamaralush.

Bluestein reported from Atlanta. Associated Press reporters Bill Kaczor contributed from Tallahassee, Fla., Mike Schneider from Orlando, Fla., and Sonya Ross from Washington.

[bronco67]

Damn Monkey, you're on this story like white on rice.

[brassmonkey]

Originally Posted by bronco67

Damn Monkey, you're on this story like white on rice.

that's racist! you called me a monkey!

yeah i followed the sb 1070 thing as well went out talked to people on both sides. it was getting kind of semi riot so i was audi 5000 (in a hurry)

[JFK]

Originally Posted by brassmonkey

that's racist! you called me a monkey!

yeah i followed the sb 1070 thing as well went out talked to people on both sides. it was getting kind of semi riot so i was audi 5000 (in a hurry)

"semi riot" that's no looting ?

[brassmonkey]

Originally Posted by JFK

"semi riot" that's no looting ?

well there was some pushing and things flying in the air. when people loot it has nothing to do with the issue their just criminals


Montreal hockey celebration turns to looting
that doesnt count right?

[Fetish Gimp]

Originally Posted by brassmonkey

To prove second-degree murder, prosecutors must show that Zimmerman committed an "imminently dangerous" act that showed a "depraved" lack of regard for human life. The charge carries a mandatory sentence of 25 years in prison and a maximum of life.

He's gonna walk. It's Casey Anthony all over again. Prosecutors overreach, can't prove shit, here's your get out of jail free card bye bye.

How are the prosecutors going to argue that approaching an unarmed, innocent, apple-pie baking all-American teenager is a dangerous act?

[NaughtyVisions]

Originally Posted by Fetish Gimp

How are the prosecutors going to argue that approaching an unarmed, innocent, apple-pie baking all-American teenager is a dangerous act?

What? It was dark. Zimmerman followed someone who was apparantly just walking down the street/sidewalk. After following him in a vehicle, Zimmerman leaves the vehicle, follows Martin, then confronts him, most likely in a hostile manner.

Are you telling me that if you were walking down the street at night and a car creeps along behind you for awhile, then a person jumps out of the vehicle and comes toward you quickly, that you wouldn't be alarmed or even scared? You wouldn't consider what that person did a potentially dangerous act? Obviously it was, as it set off a string of events that left Trayvon dead.

This whole thing occurred because Zimmerman was overzealous in his "neighborhood watch" duties. Had he heeded the instructions of the 911 operator, the situation would have been handled by proper law enforcement, not some vigilante with a hard-on for protecting the neighborhood.

[L-Pink]

Originally Posted by NaughtyVisions

Are you telling me that if you were walking down the street at night and a car creeps along behind you for awhile, then a person jumps out of the vehicle and comes toward you quickly, that you wouldn't be alarmed or even scared? You wouldn't consider what that person did a potentially dangerous act?

Not agreeing at all that your scenario matches what actually happened, but, I would either run or stand my ground. And my knees are bad so I would have stood my ground when the guy got out of the car.

.

[Fetish Gimp]

Originally Posted by NaughtyVisions

What? It was dark. Zimmerman followed someone who was apparantly just walking down the street/sidewalk. After following him in a vehicle, Zimmerman leaves the vehicle, follows Martin, then confronts him, most likely in a hostile manner.

"Most likely". Oh shit son, that kind of solid proof convinced me

You know what they say about assumptions right?

Originally Posted by NaughtyVisions

Are you telling me that if you were walking down the street at night and a car creeps along behind you for awhile, then a person jumps out of the vehicle and comes toward you quickly, that you wouldn't be alarmed or even scared? You wouldn't consider what that person did a potentially dangerous act? Obviously it was, as it set off a string of events that left Trayvon dead.

Again, that whole statement is filled with assumptions. Do you have any proof that Zimmerman ran at Treyvon? That he approached him in a hostile manner?

I can also assume that Zimmerman ran at Treyvon yelling "PUT YOUR HANDS UP YE FILTHY GORILLA" foaming at the mouth gun drawn out and that Treyvon jumped in the air, kicked Zimmerman backwards, Zimmerman fell hurting his head and and that's when Zimmerman shot the heroic ninja.

But you know what? I can't prove that shit. Neither can you.

Again, I'm not assuming that Zimmerman is innocent. But neither am I assuming he's guilty until more reliable, solid FACTS are available.

With that said, I think they should have charged him with manslaughter. That would have been much easier to make stick than second degree murder.

But then everyone would have lost their shit saying "omfg where's the justice"?

[baddog]

From what I heard he was not told to back off, but rather that he did not have to pursue.

[brassmonkey]

Originally Posted by baddog

From what I heard he was not told to back off, but rather that he did not have to pursue.

call the cops and go inside. the guy has a bad temper also he sounds drunk. i want to know have they tested his hair yet for drugs. i bet he was tweeking sounds like he's paranoid. "he's looking around in houses, now he's standing there staring at me"

[Just Alex]

Originally Posted by baddog

From what I heard he was not told to back off, but rather that he did not have to pursue.

Thats right. Guy deserves medal for not backing off. 6'3" sagging thug wondering around the neighborhood. Who would want that anywhere near.

[Just Alex]

Originally Posted by brassmonkey

call the cops and go inside. the guy has a bad temper also he sounds drunk. i want to know have they tested his hair yet for drugs. i bet he was tweeking sounds like he's paranoid. "he's looking around in houses, now he's standing there staring at me"

Well you sound retarded but you don't see me asking for down syndrome test for you.

[raymor]

Originally Posted by baddog

From what I heard he was not told to back off, but rather that he did not have to pursue.

Were the exact words "Are you following him? We don't need you to do that."

As for "stand your ground", that law only removes Zimmermans responsibility to flee in a self-defense situation. He still needs to show it was self-defense. Since he admittedly followed Martin, self defense may be hard to sell to the jury. On the other hand, he only needs one juror.

[brassmonkey]

Originally Posted by Just Alex

Well you sound retarded but you don't see me asking for down syndrome test for you.

what a fucking joke you are

[pr0phet]

Didnt he do exactly what neighborhood watch is setup for?

Followed a suspicious person and called 911.. isnt that textbook neighborhood watch?

[brassmonkey]

Originally Posted by pr0phet

Didnt he do exactly what neighborhood watch is setup for?

Followed a suspicious person and called 911.. isnt that textbook neighborhood watch?

hmm im not sure but both lived in the same complex. its hard to think that he doesn't see all the teenage kids that come and go. we have a block watch captain and he knows everyone on my block.

[NaughtyVisions]

Originally Posted by pr0phet

Didnt he do exactly what neighborhood watch is setup for?

Followed a suspicious person and called 911.. isnt that textbook neighborhood watch?

Originally Posted by brassmonkey

hmm im not sure but both lived in the same complex. its hard to think that he doesn't see all the teenage kids that come and go. we have a block watch captain and he knows everyone on my block.

http://en.wikipedia.org/wiki/Trayvon...orh ood_watch

As the only person to volunteer,[42] Zimmerman was appointed neighborhood watch coordinator by his neighbors, according to Wendy Dorival, Neighborhood Watch organizer for the Sanford Police Department.[47] The February 2012 homeowner association newsletter requested that crime victims "call our captain, George Zimmerman" after calling the police.[10] "He once caught a thief and an arrest was made," said Cynthia Wibker, secretary of the homeowners association, referring to Zimmerman.[42]

{snip}

Zimmerman was a criminal justice student and also licensed to carry a firearm.[42] Sanford police chief Bill Lee stated that neighborhood watch volunteers are not encouraged to carry a gun but have a Constitutional right to do so.[42] Lee further stated, "Mr. Zimmerman was not acting outside the legal boundaries of Florida Statute by carrying his weapon when this incident occurred."[54]

Sanford Police volunteer program coordinator Wendy Dorival told The Miami Herald she met Zimmerman in September 2011 at a community neighborhood watch presentation. Dorival stated she gave a warning in regard to vigilante behavior at that meeting: "I said, 'If it's someone you don't recognize, call us. We'll figure it out. Observe from a safe location.' There's even a slide about not being vigilante police. I don't know how many more times I can repeat it."[42]

Also:

Originally Posted by brassmonkey

hmm im not sure but both lived in the same complex.

Martin lived with his mother and older brother in Miami Gardens, Florida. On the day he was shot, he was visiting his father and his father's fiancée at her townhome in The Retreat at Twin Lakes in Sanford, Florida

[Just Alex]

Originally Posted by brassmonkey

what a fucking joke you are

"Fucking joke" is you you middle name, bunny.
How much work do you actually do? Posting doesn't count.

[Just Alex]

Originally Posted by brassmonkey

hmm im not sure but both lived in the same complex. its hard to think that he doesn't see all the teenage kids that come and go. we have a block watch captain and he knows everyone on my block.

So if he sees some sagging creep that he doesn't recognize, he should probably keep an eye on "it". Treylon did not live there and Zim had no idea who he was. When are you going to get you shit straight, dumb fuck?

[GFED]

Originally Posted by NaughtyVisions

http://en.wikipedia.org/wiki/Trayvon...orh ood_watch

So, he followed procedure exactly as stated. He called the police and observed from a safe location. When the 911 operator told him he didn't have to, George says OK and returns to his vehicle.

[brassmonkey]

well im done with the topic the courts will sort it out. hope his family gets justice.

[bushwacker]

hate crime.

[Ron Bennett]

Something to consider when discussing gun laws, in particular, Florida's "stand your ground" law, is the police have NO legal obligation to protect citizens, and that has been reaffirmed in various court decisions, including by the U.S. Supreme Court.

Read the book "Dial 911 and Die" ... http://www.amazon.com/Dial-911-Die-R.../dp/0964230445

Often it's up to citizens to protect themselves the best they're able.

On an aside, it's interesting how many famous people who are against personal gun ownership often themselves are licensed to carry and/or have armed bodyguards, and yet strongly advocate for the general populace to be disarmed.

[globofun]

Originally Posted by brassmonkey

well im done with the topic

You are funny!

[lazycash]

Originally Posted by brassmonkey

well im done with the topic the courts will sort it out. hope his family gets justice.

Yeah probably best to get back to reporting on west Phoenix.

[Fletch XXX]

Originally Posted by NaughtyVisions

What? It was dark. Zimmerman followed someone who was apparantly just walking down the street/sidewalk. After following him in a vehicle, Zimmerman leaves the vehicle, follows Martin, then confronts him, most likely in a hostile manner.

everything you said just solidified he premeditated it and had every chance to not follow and kill him. more so as if he instigated it and caused this person to fear for his safety by following him.

wasnt self defense thats for sure.

[bronco67]

Think about the mindset of a man who carries a gun on neighborhood watch. Even a neighborhood watch "captain" is a step below a mall security guard. He's someone who carried a weapon in public, and was itching to find a way to use it and look like a hero. I can see it in his stupid face.