Second-degree murder charge in Trayvon Martin case
by BRENDAN FARRINGTON and GARY FINEOUT, Associated Press
Apr 11, 2012 | 5313 views | 30 30 comments | 16 16 recommendations | email to a friend | print
FILE - This recent but undated file photo taken from the Orlando Sentinel's website shows George Zimmerman, according to the paper. Angela Corey, the special prosecutor in the shooting death of Trayvon Martin by neighborhood watch volunteer Zimmerman, said Monday, April 9, 2012, she continues to investigate the case and will not involve a grand jury set to meet Tuesday. (AP Photo/Orlando Sentinel, File)
FILE - This recent but undated file photo taken from the Orlando Sentinel's website shows George Zimmerman, according to the paper. Angela Corey, the special prosecutor in the shooting death of Trayvon Martin by neighborhood watch volunteer Zimmerman, said Monday, April 9, 2012, she continues to investigate the case and will not involve a grand jury set to meet Tuesday. (AP Photo/Orlando Sentinel, File)
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JACKSONVILLE, Fla. (AP) — The neighborhood watch volunteer who shot 17-year-old Trayvon Martin was arrested and charged with second-degree murder Wednesday after months of mounting tensions and protests across the country.

George Zimmerman, 28, could get up to life in prison if convicted in the slaying of the unarmed black teenager.

Special prosecutor Angela Corey announced the charges but would not discuss how she arrived at them or disclose other details of her investigation, saying: "That's why we try cases in court."

Second-degree murder is typically brought in cases when there is a fight or other confrontation that results in death but does not involve a premeditated plan to kill. It carries a mandatory minimum of 25 years behind bars when a gun is used.

Martin's parents expressed relief over the decision to prosecute their son's killer.

"The question I would really like to ask him is, if he could look into Trayvon's eyes and see how innocent he was, would he have then pulled the trigger? Or would he have just let him go on home?" said his father, Tracy Martin.

Corey would not disclose Zimmerman's whereabouts for his safety but said that he will be in court within 24 hours, at which point he can request bail. He turned himself in in Florida.

Zimmerman's new attorney, Mark O'Mara, said: "I'm expecting a lot of work and hopefully justice in the end." On Tuesday, Zimmerman's former lawyers portrayed him as erratic and in precarious mental condition. But O'Mara said Zimmerman was OK: "I'm not concerned about his mental well-being."

Zimmerman, whose father is white and whose mother is Hispanic, has asserted since the Feb. 26 killing in Sanford that he shot in self-defense after the teenager attacked him. Martin's family argued Zimmerman was the aggressor.

The shooting brought demands from black leaders for his arrest, touched off protests in which people wore hooded sweatshirts like the one the teenager had on, and set off a furious nationwide debate over race and self-defense that reached all the way to the White House, where President Barack Obama observed: "If I had a son, he'd look like Trayvon."

Separately, the U.S. Justice Department's civil rights division is conducting its own investigation.

Corey said the decision to bring charges was based on the facts and the law, declaring: "We do not prosecute by public pressure or by petition."

One of the biggest hurdles to Zimmerman's arrest over the past month was Florida's "stand your ground" law, which gives people wide leeway to use deadly force without having to retreat in the face of danger.

Corey repeatedly declined to answer questions about details in the case. "So much information got released on this case that never should have been released. We have to protect this prosecution and this investigation for Trayvon, for George Zimmerman," she said.

Tensions have risen in recent days in Sanford, a town of 50,000 outside Orlando. Someone shot up an unoccupied police car Tuesday as it sat outside the neighborhood where Martin was killed. And a demonstration by college students closed the town's police station Monday.

But as the hour of the prosecutor's announcement neared, the Martin family and their lawyer pleaded for calm.

Around the time of the news conference, 37-year-old Jared Towns was walking near City Hall.

"This is not closure at all. It's just charges. We'll see what happens now. I'm happy he was charged. It's good for the family. But they aren't to the justice part of it, yet," he said.

Six weeks ago, Martin was returning to the home of his father's fiancee from a convenience store when Zimmerman started following him. Zimmerman told police dispatchers: "This guy looks like he is up to no good — he is on drugs or something." At some point, the two got into a fight and Zimmerman used his gun.

Zimmerman told police Martin attacked him after he had given up chasing the teenager and was returning to his truck. He told detectives that Martin knocked him to the ground and began slamming his head on the sidewalk. Zimmerman's father said that Martin threatened to kill his son and that Zimmerman suffered a broken nose.

A video taken about 40 minutes after the shooting as Zimmerman arrived at the Sanford police station showed him walking unassisted without difficulty. There were no plainly visible bandages or blood on his clothing, but Zimmerman may have had a small wound on the back of his head.

The local prosecutor disqualified himself from the case, and Gov. Rick Scott appointed Corey, the prosecutor for Jacksonville, to take it over.

Corey has tried hundreds of homicide cases and is known for tough tactics aimed at locking up criminals for long sentences and making it difficult to negotiate light plea bargains. Corey is known in legal circles as being passionate about victims' rights.

She said she met with Martin's "sweet parents" and prayed with them.

"We only know one category as prosecutors, and that's a 'V,'" she said at the news conference, referring to victims, and making a V with her fingers.
Comments
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mightyjoe
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April 14, 2012
Two men in Florida get in an altercation and one of them is shot. This, in and of itself, is tragic. Even worse is that racist organizations like the NAACP and the panthers are using this as a spring board for their own agenda. Please stop blaming whites for this. I've seen Zimmerman; he isn't THAT white.

MaxPower
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April 13, 2012
There is no case here.

Angela Corey is going to look like a fool.
Watchingit
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April 12, 2012
voter, it’s all over the internet and all news outlets have reported his mother is from Peru. And if you Google "Zimmerman is a Democrat", you even find a copy of his voter registration form.



Watchingit
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April 12, 2012
Voter, you are being as selective in your choice of news that you accuse others of being. Did you search all 10 pages of responses to the search criteria? Of course not. If you do, you will find a variety of right and left wing reports and blogs – even some main stream media outlets. The right wing is gloating- the left wing is denying – what else is new!

I have better things to do than have a day-long conversation with 15-20 comments posted. Have fun. You are going to miss another great day.
Enforcer
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April 11, 2012
I am certain that not all felonies have to go to Grand Jury in Georgia. I know for sure that felony Forgery and felony deposit account fraud does not go to Grand Jury. There may be others.
Enforcer
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April 11, 2012
Go here and judge for yourselves. http://www.arnoldlawfirmllc.com/CM/Custom/SecondDegreeMurder.asp
mirage83
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April 11, 2012
One of the same sites I found. Not particularly verbose, but it appears pretty clear on the issue, especially in light of statements by the Special Prosecutor on the reasoning behind her decision not to bring this before a Grand Jury.
Enforcer
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April 11, 2012
I am not going to side with anyone on this. I read a Florida attorneys web page and he said 2nd degree did not go to Grand Jury. I will try to research more I do not want to be attacked for being wrong. I know for sure that you go to Grand Jury in Georgia.
mirage83
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April 11, 2012
Speaking for myself I wouldn't ask anyone to "pick sides" on this or anything else. You've likely read much of the same material relating to this that I have, and it's uniformly clear that 2nd Degree Murder charges don't require a Grand Jury in Florida.

I don't mind being shown to be wrong, so if you find any information to the contrary please let us know.
Trelicious
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April 11, 2012
Phil maco is right. I will not get into a p'n contest with you, post links or explain it to you, but he is right.
Enforcer
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April 11, 2012
Several things could happen here. If they do not have any more evidence than they have shown a reasonable Judge should dismiss it for lack of probable cause. If this is all the evidence the Prosecutor will try to get Zimmerman to plea to a lesser charge because she will loose it in court. The Judge will not dismiss it out of fear. If this is all the evidence they have a reasonable Judge or Jury should find him not guilty and maybe even award him neighborhood watch officer of the year.
mirage83
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April 11, 2012
For the edification of everyone interested in this thread...

http://theweek.com/article/index/226580/no-grand-jury-for-george-zimmerman-what-does-it-mean

I'm uncertain what the RN-T's policy on links in posts is, but I'm hoping this is allowed just to put some of the claims in this thread to rest.
dbeall
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April 11, 2012
The Fifth Amendment to the U.S. Constitution reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

If George Zimmerman is charged WITHOUT an indictment by a grand jury it will be an illegal trial. It isn't what you want. It's what the LAW says.
mirage83
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April 11, 2012
You're correct in that Zimmerman can't be charged with 1st degree murder without the evidence being presented to a Grand Jury. However, he's being charged with 2nd degree murder, which doesn't require a Grand Jury hearing.

Enforcer
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April 11, 2012
dbeal, you do not have to go to the grand jury first on this charge. They can get a warrant and arrest him which is what has happened. Now after being arrested and charged Zimmerman has the right to a preliminary hearing before a Judge. That Judge can decide to dismiss the case for lack of probable cause or bound it over. If the case is bound over the Prosecution will have to present it to the Grand Jury. Mirage is wrong it will have to go to a Grand Jury. The Grand Jury can vote true bill or no bill. If true bill it will go to court. If no bill the Prosecution can gather more evidence and try again.
Enforcer
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April 11, 2012
PhilMaco, a lot of people don't understand how easy it is to get a Grand Jury indictment. It is very easy because the defendant does not get to speak or put up any witnesses or evidence. They are not even invited.
mirage83
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April 11, 2012
Not wrong Enforcer, as in Florida only 1st Degree Murder requires presentation before a Grand Jury. In going for 2nd Degree Murder, the Special Prosecutor avoids that requirement.
Enforcer
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April 11, 2012
PhilMaco, according to Voter they always put the dumbest people on the Grand Jury. If that is true I guess she will get that indictment she is hoping for.
mirage83
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April 11, 2012
Not a guess Phil. Try looking into Florida statutes involving 2nd Degree Murder before you declare that I'm "guessing".
Enforcer
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April 11, 2012
Looks like you may be correct Mirage I did not know the Florida system was that screwed up. I read up on it a little it said usually when it is a weak case they go with 2nd degree instead of 1st degree to bypass the Grand Jury.
mirage83
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April 11, 2012
It surprised me as well Enforcer, but given the nature of the case (Zimmerman unlikely to testify, the victim unable to testify, and no apparent premeditation) 1st Degree would have been a stretch.
mirage83
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April 11, 2012
Enforcer isn't confused Phil, he (or she) is simply like me... able to read and do basic research on the subject. You might want to try it yourself. You'd find, as both Enforcer and I have found, that in Florida a Grand Jury only has to be convened in the case of 1st Degree Murder, 2nd Degree Murder carries no such requirement.

Your error (one of them anyway) is in considering 2nd Degree Murder to be a Capital Crime. It isn't.
jawgadude
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April 11, 2012
Even if they a video showing Trayvon beating the heck out of Zimmerman, they would have to file charges against Zimmerman to keep a lid on a potential race riots from blacks who have been jacked up to the boiling point by Sharpton, Jackson, and other race pimps.
KingPellinore
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April 11, 2012
Once again, a self proclaimed Southerner makes the rest of us look bad.
pmterp
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April 11, 2012
I hope there is some evidence supporting the arrest. I wasn't there but the facts that I have heard seem to go along with Zimmerman's self defense claim.
publicpeach
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April 11, 2012
I'm sure there will be evidence to support the arrest. If not, he will have his day in court, just like anyone else.

I also was not there, but the facts I have heard seem to go AGAINST Zimmerman's self defense claim. How odd!
publicpeach
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April 11, 2012
What wonderful news! I'm not at all surprised, of course. Justice will prevail!
publicpeach
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April 11, 2012
Good afternoon, Voter! Yes, a good day indeed!

Just when I think these Southern Baptists can't get more self-righteous, they prove me wrong. My grandparents were SB, but the preacher screaming fire and brimstone at me from the pulpit always turned my stomach. And I have never been more ashamed of my Shorter degree. Luckily, I also have a degree from Berry, so I just talk about that one when people ask. But, my degree is from Shorter COLLEGE, before the University and football days, and thankfully, much before this "lifestyle" fiasco. One of my most memorable professors was a gay man that I'm sure is no longer there. What a waste!
PhilHenry
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April 12, 2012
Voter, you seem to have a problem with facts lately. Zimmerman's mother is from Peru, not Mexico. Also, Zimmerman is a registered Democrat - not a member of the tea party movement - a Democrat, who hunted down an innocent black teenager and killed him for no reason.
PhilHenry
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April 12, 2012
Voter, of course you didn't know she was from Peru. That would have required actually reading about the case instead of making bigoted assumptions about his being Mexican. FYI, "bigoted" does not mean "racist."

His being a registered Democrat is well-documented, as others have pointed out. I am not part of the tea party movement, so even if Zimmerman is, he is still not "mine." From the evidence I've seen, he is now rightfully in jail.
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