The Florida statute for second degree murder reads:
(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 and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Carjacking,
(m) Home-invasion robbery,
(n) Aggravated stalking,
(o) Murder of another human being,
(p) Resisting an officer with violence to his or her person, or
(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Of course, I'm not a lawyer, but from what has been reported in the press I don't see anything that fits that mold. But to be honest, that's not important. To me, this looks like a prosecutor who knuckled under to pressure and threw something at Zimmermann just to get the mob off her back.
Any one of us who believe that we are solely responsible for our own safety are looking at our worst nightmare. We make a bad decision, the situation escalates, and we use deadly force to protect our life or the lives of our loved ones. Next thing we know, we're plastered across the Internet and cable news, there are mobs of people in the street howling for our skin, and law enforcement is trying to find a way to placate the masses by sacrificing us to the god of political expediency.
I'm sure we will all be watching this case closely, if for no other reason that it will set a precedent for how we will all be treated if we have to utilize our firearms to protect ourselves. I look forward to more demagoguery, rabble rousing, and incitement from those who want to use the corpse of Trayvon Martin as another rung in their ladder to power.
Update - edited to better format the quoted statute.
Update - edited to better format the quoted statute.
4 comments:
The problem is, now that he has been arrested and charged, the coyotes can now sue for libel. It's all about money. The poor guy, even if he's found innocent his life is ruined and he'll probably die broke.
Truly a sad situation. I agree with your assessment to a point. I really do not know what went down, but I would have never gotten out of the vehicle. There are enough mistakes to go around here for everyone.
As I tell my students in CCH class, avoidance is always the best defense. I also tell them 0' dark thirty after an event is not the time to find legal counsel.
You are accurate on your assessment. If we have to shoot somebody of a minority persuasion we will be pilloried on by the self serving press in the court of public opinion. We will be hounded by the race pimps. I remember 60 years ago when a black man would get lynched for looking at a white women....Now the lynching is the same, but the race is reversed. Funny how times have changed. And the bad thing is that if Zimmerman is found not guilty, the blacks will most likely riot.
Even if he’s acquitted of the state (and possibly federal) charges this guy’s life is screwed forever. He’s going to be broke and probably looking over his shoulder for the rest of his life.
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