Is George Zimmerman Guilty Of 2nd Degree Murder?

 

George Zimmerman Head SC Is George Zimmerman guilty of 2nd degree murder?

From the projects to the White House, February’s shooting death of punk-in-the-making Trayvon Martin has provided a ready-made call to arms for the nation’s professional race hustlers. Even the President has taken advantage of this opportunity to pimp a black death for electoral profit.

And though it isn’t surprising that much of the national media have ignored the way in which the facts of the shooting apply to Florida statute, it does seem difficult to believe that no one in the nation is interested.

Given the many conflicting stories concerning surveillance video and witness testimony, it is difficult to know what really happened on the night Martin was killed by George Zimmerman. And until all of the evidence is presented in court, all that can be stated with any degree of certainty is that the one individual privy to existing information, Florida prosecutor Angela Corey, believed there to be enough evidence against Zimmerman to charge him with 2nd degree murder.  A jury will have to decide whether her decision was inspired by fact or politics.

Florida statute defines 2nd degree murder as a killing “…evincing a depraved mind regardless of (having no regard for) human life, although without any premeditated design to effect the death of any particular individual…”

Whether according to centuries of English common law or the terms of the Modern Penal Code, a necessary element of criminal homicide—such as 2nd degree murder in Florida– is malice.  And a person who kills another is possessed of a requisite degree of malice if he exhibits:  “the intention to kill a human being; the intention to inflict grievous bodily injury…; or an extremely reckless disregard for the value of human life…”  It is malice revealed through such a state of mind which makes the killing of another a criminal act worthy of punishment.

Given this definition and its application under Florida statute, it appears that a charge of 2nd degree murder might indeed be legitimately brought against George Zimmerman.

However, the taking of a human life only becomes criminal homicide if it is committed intentionally and without justification. And throughout the United States, “…self-defense, including the use of deadly force in self-protection, [is recognized] as a justification defense” (from Joshua Dressler’s book Understanding Criminal Law.)

Any individual who is NOT the aggressor in a confrontation is entitled to the use of force, including deadly force, “…if he reasonable believes that such force is necessary to protect himself from imminent use of unlawful deadly force by the other person.”  Nor is it necessary that an aggressor be armed with a gun, knife, or anything usually thought of as a deadly weapon. For “…‘deadly force’ is force likely to cause death or grievous bodily injury,” whether effected by a weapon OR bare hands (see Understanding Criminal Law.)

If video, witness testimony, and physical evidence clearly show Trayvon Martin the aggressor; if they reveal a violent attack by Martin sufficient to inflict “grievous bodily injury”; and if it appears that  Zimmerman made a decision to fire based upon a reasonable fear of his life or well-being, then innocent by reason of self-defense must be the verdict delivered by a properly instructed, un-biased jury.

Killing without justification is murder. Killing with the justification of self-defense is not. All George Zimmerman and Americans interested in justice can hope for is a jury of 12 honest people, unafraid to do the right thing.

Photo credit: ABC News

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Comments

  1. New pictures show he had BLOOD on the back of his head, so it was a 2-way fight. Trayvon lost.

    • I saw the video Zimmerman arrived at the police station. He looked right at the camera and his nose looked
      normal. If he received a broken nose from Trayvon it would have been red and swollen. I went to full page
      resolution and when he passed in front of the patrol car there was no blood or marks on the back of his
      head. If Travon banged his head on the concrete hard enough to split his scalp there would have been
      way more real blood because deep scalp wounds bleed profusely. He would have had more blood on
      the back of his head and neck and down his back. The red paint of what ever it was that someone added
      looks phoney and also was not there when he arrived at the station. I am a 72 year old caucasion and
      am repeating what i saw before some whites decided to try to WHITE wash what Zimmerman did.
      Congrats to the Lady prosecutor. She is on the right track.

      • Ever thought about getting your eyes checked, reading police reports, and become familiar with the policies of accepting prisoners into a jail? Jails WILL NOT accept a prisoner until they have been treated for injuries and necessary medical attention has been performed. Martin was a thug, not a choir boy, contrary to what some people want to think and convince others to think. And the complete truth will come out at the trial, and Zimmerman will not be found guilty of what he is charged with.

        • Excuse me, but I saw the same things that he’s talking about. He even had on a light colored shirt, & it was as clean as could be. I am white also, but believe there’s more going on than self defense. The boy was 17 yrs old, & definitely not a big boy, & Zimmerman is pretty good sized. And, just where did you get the info that Martin was a thug? Nothing I’ve read in either media, liberal or conservative paint him as a thug. Sure, he got suspended from school for pot, but I blame the government for that for trying to legalize it. That does not make him a thief, robber or murderer. And, I read today where there were problems in the past with Zimmerman’s temper. When he wanted to become a police officer, he was supposed to take anger management classes because of his temper, plus his ex girlfriend left him because he was pretty violent. He is no poster boy for sure. However, this will be decided in a court of law, & I can guarantee you that, if he is found not guilty there will be riots like you’ve never seen them, & that will give Obama his chance to declare martial law, & suspend the elections, & remain in office.

          • The medical report isn’t out yet with all the details, and probably will not be until the case is in court, it will show where the bullet went in Martin, and they will prove that Martin was on top of Zimmerman. Looks like both Martin & Zimmerman had an anger problem then.

      • The “Lady prosecutor” is NO lady.. she will get her ‘reward’ also..

    • It was “SELF DEFENSE” !!

  2. Attacked and assaulted by martin. The truth finally comes out in court. Verdict: Not guilty–self defense. (My opinion). However, any educated, rational, honest, person with integrity that does not and will not accept what happens in the COURT OF LAW on this is merely showing their lack of intelligence and their desire to have an excuse to riot.

  3. I am so sorry for the family of Trayvon Martin, but I don’t think Zimmerman should have been railroaded into something he may not have had any control of. And I am really upset with NBC, ABC and CNN in distorting the facts. Just this week int he news a black nurse murdered a white woman to kidnap the woman’s newborn. Where are all the riots on this. This was even more dispicable.

    • Yes dispicable but more than even the baby theft is the young couple and what four bastards did to them. It made me sick to just read what was done to them and no outcry from anyone. Those 4 bastards will never be caught let alone tried

    • When Zimmerman called 911 he was told to stay in his vehicle and that the cops were on
      their way. When he chose to disreguard that order he became the agressor. So his self
      defence plea is not valid because he initiated the contact. Also why was a neighborhood
      watch guy carrying a gun. When I listened to the unedited 911 call Zimmerman came
      accrossed as a wannabe cop guy who was trying to make a name for himself. He made
      a name alright, just not the name that he wanted.

      • Unedited 911 call? So what you are saying is this whole thing is a conspiracy? Get real. As for the gun, he had a permit and was legally carrying. He became the aggressor???? Martin assaulted him by attacking him, not the other way around. Sure hope they don’t choose you for the jury because you just comprehend many things pertaining to this incident.

      • According to reports Zimmerman WAS near his car. And by the way, though it may be news to YOU, Americans have the RIGHT to keep and bear arms. As I understand it, Zimmerman had a license to carry a concealed weapon. And CC license holders are the most law abiding group in the United States.

      • George Z. was NOT told to stay in his vehicle, they said “you don’t have to do that..” Mr. Zimmerman then said “ok”.. Since you have watched so closely, you should at least be able to be TRUTHFUL.. you are twisting & turning virtually everything..
        I doubt very SERIOUSLY that you are a white 72 year old..

    • Zimmermann is not guilty of second degree murder, it appears like self defense. I think like Geraldo Rivera, the second degree is not going to work. The charge should be different, people will be disappointed.

  4. The media shows pictures of Trayvon as an innocent child, a picture probably taken when he was younger. From what I understand, this boy was a gang member, with tattoo’s, much older looking than the pictures shown. This boy was not a child of innocents as the media portrays. I believe Zimmerman is not guilty and only defende him self. He did not know if Trayvon had a gun or not. Would you wait to find out? Sadly, young black males have earned the reputation as being violent and others are quick to defend them selves from threats . Parents let young black males wear their gang related clothes and pants hanging off their ass. I believe Zimmerman was simply protecting himself as I too would if jumped by a young black male. If Trayvon did surprise jump Zimmerman, it shows he was an agressive young male and had no respect for adults etc. Beside this, how can anyone call the race card? Only because this is what Obama wants to enforce to separate the prople even more. Zimmerman is NOT white! He is not a racist. I believe only those who bring up skin color are the racist. Judge a man by his individual character and not by color. I know blacks that can pass for white, and they have a difficult time in the black world just because their skin is so light. Grow up people. You can not generalize an entire race of people. Stop bringing up race everytime a black is killed. Do you know how many good white people have been killed by blacks unjustly? Grow up people and stop handing down a generations of negative imput into your children.

    • Right-On Suzy2 God Bless George Zimmerman And His Family And The Good Work He Has Done ,A Police Job Is Very Un-Rewarding, As We All Have Seen “Some Colored Folks” Need Real Schooling In Life. The Real Trouble Maker If It Goes Too Trial Will Be The 6Ft 2In 200Lbs Black Man “Trayvon” , Plus George Zimmerman Should Sue The “Black Panthers” , Sharpton, Jackson And The Big Mouths From DC Including Pres Barry Soetoro. God Bless America And Sheriff Joe Arpaio.

  5. I just saw the pictures of the back of Mr. Zimmerman’s head and although head injuries bleed a lot if these cuts are from having his head bashed on concrete (also bruising) then yes he probably thought some angel dusted gangster was going to kill him. This kid was as big as (or bigger than) Zimmerman and he says he didn’t know how old Trayvon was. Personally, as tragic as these things always are when it turns out to be a teen, I would have done the same thing. If Trayvon had killed Zimmerman this would not have been on the mega media channels. Obama needed a race baiting story so it was provided, but this sort of thing has happened over and over. Cops that have to deal with killing a young person who attacks them, residents who have to kill a young person for breaking into their house etc…there was only one aspect that gave this story any difference…the color of his skin.

  6. Obama’s “son” “NO_LIMIT_NIGGA” Trayvon Martin is NOT the 10-12 year old choirboy that the Obama’s racist-baters and left-wing fabricated news depicts!!!

    Remember the negroid racist-baters Al $hapton (remember Tawany Brawley), Je$$e Jack$on and the rest of the lynch mob that the left-wing news fomented during the Duke Lacrosse case where a negroid hooker claimed she was raped by a bunch Caucasian members of the Duke Lacrosse team???

    Remember “mongrel” Obama’s inflamed racially incident after declaring police had ‘acted stupidly’ when arresting his negroid buddy Henry Louis Gates??? Now Obama has thrown his two-bits in about his “son” Trayvon Martin with the handle “NO_LIMIT_NIGGA,”
    http://dailycaller.com/2012/03/26/the-daily-caller-obtains-trayvon-martins-tweets/#ixzz1qGztV3LT
    Does “NO_LIMIT_NIGGA,”’s 6’3″ ~170 pounds menacing face in his tweet with his gold teeth look like the choirboy that the left-wing fabricated news depicts???

    “NO_LIMIT_NIGGA” Trayvon Martin was suspend 3 times from school; defacing lockers, caught with a marijuana pipe & baggie and school bag containing 12 women’s jewelry including wedding band, diamond earrings, watch & with screwdriver described as a “burglary tool,” according to a Miami-Dade Schools Police.

    “NO_LIMIT_NIGGA” Trayvon Martin met his end in Sanford, FL which has one of the highest crime rates in America “compared to all communities of all sizes — from the smallest towns to the very largest cities.” With a population of just over 50,000 Sanford has 59 crimes per square mile, 69 crimes per 1000 residents, and one in 15 for property crimes. The prospect of having your car stolen is one in 255, and the probability of someone becoming a victim of murder, rape, robbery and assault, is one in 150. According to the national Uniform Crime Report for 2009, among people 18 or younger, blacks were charged with 58 percent of murder and non-negligent manslaughter, 67 percent of robberies, 42 percent of aggravated assaults and 43 percent of auto thefts. As for murder, more than 90 percent of the time, their victims were black. These statistics, showing a strong interconnection among race, youth and crime, are a far better explanation for racial profiling and suspicion than simple racism.

    “NO_LIMIT_NIGGA” Trayvon Martin despicable mother Sybrina Fulton is trying to trademark Trayvon slogans so she can capitalize on her sons death.

    To give you an idea of the type of “NO_LIMIT_NIGGA” Trayvon Martin peers in this area instead of being in school learning math, reading, writing and the real history of the USA instead of the lefts politically correct BS they are out on the street with their teacher so as a mob of a 100 or so they can trash & steal from a Walgreen store.

    Are Dwyane Wade, LeBron James & Miami Heat teammates, Ray Lewis of NFL Baltimore Ravens putting up the lynch money for the Black Panthers bounty on George Zimmerman???

    Hollywood negroid Spike Lee put an address & phone number for an old couple on the internet claiming it was George Zimmerman’s with the only obvious reason to create violence or intimidation. The addresses & phone numbers of Lee, the donors of the lynch money, Je$$e Jack$son, Al $harpton, and the Black Panthers should equally put on the internet!!!

  7. Nope, the dumb so called special prosecutor over charged him, I believe a jury would acquit him of 2nd degree, they might go for an involuntary man-slaughter, but not 2nd, I cannot figure out how she came up with 2nd, with a broken nose, the back of his head beat up, it still looks like the “kid” was right in the middle of it and I would call it a draw…………I guess Zimmerman should have let him kill him instead, to please the blacks,I’m not here to please or displease blacks, they do need to suck it up and quit the racial mumbo, jumbo and so does the idiot in the oval office.

    • The negroes will never change their attitude toward whites because somewhere in their warped sense of responsibility they still think the whites owe them something. BS!!!!! None of us were alive when negroes were brought to our country after their own people (tribes), sold them to traders from the middle eastern countries, who in turn used them to help build pyramids.
      America—-Love it or leave it.

    • Excuse me, but did you happen to actually LOOK at the video of Zimmerman being escorted into the police station? No way was his nose broken, nor his head bashed in. In fact, he had on a light colored shirt under his jacket, & IF his nose had been broken, there would have been blood all over his front. I think that Trayvon tried to defend himself, & that’s how any marks got on the back of Zimmerman’s head. And, when they were escorting him into the station, there was no sign of blood on the back of his head. I saw a blow up of it, & there was a mark of some sort. When the dispatcher told him to stay IN his car, that’s what he should have done. There would have been no confrontation, & the LEGAL police would have checked the boy out. And, by the way, I see that racism is still alive & well on these sites.

      • Have you ever heard of doctored videos? It happened to the one of Zimmerman’s head when NBC made the gashes disappear then later fired the guy responsible. Plus he had a black witness that said he had a swollen nose. Your analysis is completely worthless and misleading…Just another replica of pimp Sharpton.

  8. The prosecutor in this case did exactly what she should have done, and that is to charge the highest crime which has even a chance of being proven by the evidence. If she starts off charing a lesser crime, then she’s stuck with it, even if evidence later proves a more serious crime.

    However, Zimmerman will not be found guilty of second degree murder. There are problems with the probable cause document, which is the basis of the prosecution’s case, filed by the lead investigator. Zimmerman will be found guilty of either voluntary or involuntary manslaughter, or possibly even found not guilty under Florida’s Stand Your Ground law.

  9. For the President of the USA to comment on an ongoing Criminal Investigation is absolutely “out of bounds” and could lead to invalidating a thorough investigation and not only very damaging to the accused and jeopardize even the prosecutions case. POTUS Richard Nixon made the same “stupid error” in the Manson massacre, and prolonged and endangered the proper investigation of the case. Exactly how much American History does this current POTUS actually know. There are many more “unknowns” about Obama that there are “knowns.”

  10. One word: Simpson.

    This will be another debacle with all the usual race-baiting suspects.

    Black on white killing: no big deal – they probably are racists and deserved it – after all, “what’s one or two white people compared to all the blacks whitey killed?”

    but:

    “Hispanic – (“may as well be WHITE”) on black killing – “WE WANT JUSTICE!”

    What evidence? “WHO NEEDS EVIDENCE,,,WE GOT OBAMA! DEAL WITH IT WHITEY!”

    P.S, – for those who didn’t catch my tone, I was being sarcastic.

  11. First, shame on the author of this article for his assumptions by writing that Trayvon was a punk-in-the-making! With all due respect (which is not much at this moment), Doug Book, who makes you the judge and jury of the young man? Secondly, shame on all the rest of you responding here who also assume the same and those here and elsewhere that are perpetrating this as a race issue! How do you know the young man was a thug? Because of what the media has told you? Because of rumors you’ve heard? Because of a photograph of Trayvon with ‘grills’ which has been proven to be photoshopped and his email and social network sites that were hacked and changed after his death and also proven to have been hacked and changed? Humanity has lost its ever loving mind! :-( As my grandmother used to say when people thought they knew it all without actual facts and were downright cruel about it, “Assumptions are like a-holes; everyone has one.”

    • Trayvon Martin was on suspension from school. He had been caught with marijuana; he was reported to have punched a school bus driver. Nor were these his first problems with discipline.
      The media have portrayed this kid as a 13 year old little angel because he is black. They have covered up every bad behavior and criminal behavior incident in his past, simply because they are both leftist and frightened of reprisals. The treatment of George Zimmerman by NBC News is worthy of a lawsuit being filed by the Zimmerman family.
      Mine were NOT assumptions about Trayvon Martin’s character or past. He was indeed a punk. It’s unfortunate your mind has apparently been made up by the national media.

  12. Just a few weeks ago, there was a THIRTEEN YEAR OLD BOY COMING FROM SCHOOL WALKING AND SOME BLACK BOYS WERE HARRASSING, BULLING THE INNOCENT BOY AND THE BLACKS BOYS POUR GASOLINE ON HIM AND PUT A MATCH ON HIM, RIGHT BEFORE HE REACHED HIS HOME. Where is the media on this, where is NBC? wHAT HAPPEN AFTER HE WAS TAKEN TO THE HOSPITAL AND THE BLACK boys used HATE RACIST WORDS on the white boy like you deserve to burn whitey. Now that is a HATE CRIME.

  13. Thank you, Doug Book, for helping to prove my point regarding assumptions. “… he was “‘reported” to have punched a school bus driver.” Hmm, whose mind has been made up because of the media? Now isn’t that a knee slapping hypocritical statement ;-) And even if there is actual ‘evidence’ that Trayvon was indeed a punk I would still like to know why the issue of black has anything to do with it? Being a punk with behavioral issues runs across ‘all’ color lines. Continuing to draw the color line is part of the reason this country is in the hateful mess it’s in.

    Minnie, I can’t answer that question for you. Maybe you can answer why the mainstream media doesn’t report all of the same type of hate crimes in my local area?

  14. In my opinion the person who should be locked here is Sharpton for stirring up the race card on this matter. He should be locked for inciting a racial war. This whole thing could set back any race acceptance and improvements that have been achieved back a whole century or at least back to the 1960′s.

  15. Is George Zimmerman Guilty Of 2nd Degree Murder? Of course not. It was self defense and he did what he had to do. If I had a punk come up from behind and crack my skull, I would shoot him too, even if he was twelve years old. Trayvon was a 6 foot 2 punk who was looking for a fight and he got it. A 17 year old out at 2 am without supervision is inviting trouble. Where were the parents? Instead of placing blame, they should be blaming themselves for a lousy job done in raising their son. What parent would allow their son to make a video and name himself..No-Limits-Nigga? He didn’t sound like an innocent child to me. And for Obama to say Trayvon could be his son. Of course he would, look at the resemblance… nothing but two worthless punks who were indulged by their parents…. And for the last time, Zimmerman did not follow Trayvon after he was instructed to stop.

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