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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThat wound to the back of George Zimmerman's head is still bothering me...
...NOT BECAUSE I DON'T THINK GEORGE ZIMMERMAN DOESN'T FULLY DESERVE TO BE ARRESTED. Let me be perfectly clear about that. Mr. Zimmerman pursued, approached, and soon killed an unarmed kid half his size, yet somehow has not even seen the inside of a jail cell or a courtoom. It's a complete miscarriage of justice no matter how you slice it.
Yet, if the police report is to be believed, there was a noticeable wound on the back of the gunman's head. So if this ever does go to trial, the defense is going to say: how did it get there if Zimmerman was not, at some point, hit from behind? And then they can spin that into a ludicrous but legally admissible self-defense claim. Now, it seems unlikely that Trayvon sucker-punched Zimmerman as he was trying to reenter his van as he claims (mainly because they ended up fighting on the lawn, several yards away from where the driver's side seat of the vehicle would be.) It also apparently wasn't a wound serious enough to receive medical attention. Still the question remains: if it's not a complete and total lie, how did it get there?
Did Zimmerman receive this wound when the two were wrestling on the ground? That would be consistent with some of the witness's accounts, but if so, did it happen via Trayvon's fists or upon impact with the ground? Have you noticed that NO ONE--not the media, not the police, no one--seems to have reported on Trayvon's wounds besides the fatal gunshot that killed him? Even by Zimmerman's account, the two scuffled on the ground before he shot the boy. Yet the only nonlethal injury I can find mentioned anywhere is Zimmerman's bloody nose, head injury, and grass stains. Nothing about Trayvon's other injuries, and I find it hard to believe there weren't any.
From a purely legal standpoint, I crave more details--details that the cops were apparently completely uninterested in providing or perhaps even investigating.
Logical
(22,457 posts)Zimmerman initiated the confrontation so he could not then use deadly force.
You can't pick a fight and then when getting your ass kicked shoot the guy.
Bicoastal
(12,645 posts)Could you prove in court that Zimmerman initiated the confrontation as well as the pursuit? This is where I have to ask for help, because I'm not sure what the legal definition of "initiating a confrontation" is. Does following someone in a vehicle qualify?
If I was a defense attorney, the head wound is the first thing I'd point to to back up Zimmerman's story of retreating, then getting hit from behind. So I'm trying to think like the prosecution will...assuming an arrest is made.
Logical
(22,457 posts)The best witness is dead. And you know Zimmerman is making up the best story he can. And getting plenty of time to do it.
Honeycombe8
(37,648 posts)when he says he didn't do it. Plenty of people, incl. in DU, are willing to give him the benefit of the doubt, presumption of innocence and all that.
Just sayin'. Who someone chooses to believe sometimes hinges on who he identifies with.
As for myself, I try to remind myself to wait for all the facts. Altho in this case, it doesn't look good for Zimmerman. There seems to be no doubt he was following the kid. That's a big clue as to his frame of mind, IMO.
Logical
(22,457 posts)life in danger.
Honeycombe8
(37,648 posts)It can matter sometimes, I guess. But it has nothing to do with strength and ability, if you're male. A younger, slimmer male might well be able to beat up a fat older man. He may have more muscle, and would certainly be faster and more agile.
Unfortunately, the poor kid couldn't possibly outrun a bullet.
Well, on 2nd thought, size DOES matter. But I don't think it's the end all that some people make it out to be. If they got into a personal tussle, weight would most certainly matter since it'd be like wrestling. Even a large woman would have a chance to sit on the teen and keep him there.
Logical
(22,457 posts)Honeycombe8
(37,648 posts)starroute
(12,977 posts)Not exactly an "older man."
Taverner
(55,476 posts)Broderick
(4,578 posts)seabeyond
(110,159 posts)per the call the kid was making talking to a friend. he was concerned. fearful. of a man following him. that was clearly established. he was trying to hide from him. he was trying to get away from him. at this point, he is intimidated, again, per the call while he was doing this
zimmerman had to get out fo the car and approach the kid
the kid is 140
zimmerman is 250
the kid is afraid. being followed. clueless who the man is. much smaller. has not gotten away from zimmerman. and is now being approached by the man
yes
it can easily be established that zimmerman was the intimidating person.
rustydog
(9,186 posts)He had no legal right to stop the young man who was walking home.
Being Black in Public is not illegal!
When an armed man comes up to you and challenges you, you can push him away. perhaps he struck the back of his head on a fence...
He did NOT follow in a vehicle, he got out and pursued the victim. The victim's girlfriends version of their cell phone conversation as Zimmerman chased the victim.
Zimmerman committed murder. period.
You can't be aggressive and then claim self-defense.
peace,
Noodleboy
"Zimmerman initiated the confrontation so he could not then use deadly force."
That is false made up nonsense. The law does care about "confrontation."
You feel that someone is parked in your space. You get into their face about it, verbally. They pull a knife on you and you shoot them.
Normal, uncontroversial self-defense.
The question is who initiated what a reasonable man would view as a threat to his life, not who initiated a confrontation.
Logical
(22,457 posts)and get into his face about it and he tells you to fuck off and you continue and end up fighting and he has no weapon you better not shoot him. You started the fight. And were stupid!
Try initiating a road rage incident and then using the gun. See what that gets you.
uppityperson
(115,678 posts)Justice wanted
(2,657 posts)that Zimmerman stalked Trayvon as reported by his Girlfriend.
Bicoastal
(12,645 posts)I'm asking non-sarcastically--not a lawyer.
Because it IS possible that Treyvon hit first, if he felt intimidated enough and Zimmerman was physically menacing him...
arcane1
(38,613 posts)and got a well-deserved bloody nose for it
Justice wanted
(2,657 posts)of this story getting twisted to make Zimmerman not look like the monster he is-with all the evidence coming out.
uponit7771
(90,348 posts)...to detain people
csziggy
(34,136 posts)Zimmerman had no right to detain Martin. Martin had just as much right to be in that development as Zimmerman did.
Adding to the evidence that Zimmerman pursued Martin is the location of the body. See the map in my post here: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=453695
That was a good distance from a road. Zimmerman left his vehicle in pursuit of Martin, not something he would do if he was in fear of the kid.
Justice wanted
(2,657 posts)that street.
If I go and visit my cousin at her home in VA and she is in a Community -not exactly gated but a community. Am I only able to drive on the ONE street that leads to her home? What if I turn on the wrong street because EVERY FREAKIN home is the same color and style. Do I not have the right to look for that home?
How about this. My cousin who like me has Italian and Arab traits and she happens to have dark skin goes down a street because she decides to walk for exercise. Does that mean a fellow member of that community has a right to detaine her? Just because it is a "gated" community doesn't mean IT IS ALL Private. There are public areas.
arcane1
(38,613 posts)And by illegally detaining Martin, lost the benefit of the self-defense statute.
MADem
(135,425 posts)He was overreaching in his "Neighborhood Nut, er Watch" role.
chrisa
(4,524 posts)Zimmerman figured he would detain Trayvon, and it would be over. Then, it went to sh*t. Plans never work out the way you want them to, and Zimmerman's was extremely stupid.
Justice wanted
(2,657 posts)jwirr
(39,215 posts)uppityperson
(115,678 posts)Last edited Thu Mar 22, 2012, 12:18 AM - Edit history (1)
(edited to change "brandishing" to "carrying" in subject line.)
Some random stranger, stalking me with a gun in his hand. Could be Trayvon felt this way also. It could be. It does not in ANY way exonerate Zimmerman's shooting him. Or stalking him. Zimmerman is at fault but I could see why I might try to push him away.
X_Digger
(18,585 posts)I hadn't heard that.
uppityperson
(115,678 posts)True. "Brandish" is not specific enough since we may have different views on what the word means. If someone came after me with a gun in his hand.....
He had the gun out before he shot.
If someone came after me, stalked me, followed me, I'd be very concerned. If then he approached me with a gun, I would try to get away and, if all else failed, do what I had to do to keep myself safe.
X_Digger
(18,585 posts)My guess would be that Zimmerman pulled it when he confronted Martin, or when the two were on the ground.
We know that Zimmerman had one hand on a cell phone when he left his vehicle, you can hear him fumbling it when he gets out. (Right after you hear the *ding* *ding* *ding* of his car door open reminder.)
Neither of the witnesses who saw Zimmerman put his hands on his head in a 'Oh FUCK!' type gesture reported a gun.
According to the police report, when they arrived, Zimmerman had already holstered it.
I think it a bit premature to assume that Zimmerman approached Martin 'with a gun' (brandishing it.) In his possession, yes.
aquart
(69,014 posts)And why isn't it a felony for a community watch volunteer to patrol WITH A GUN?
Politicalboi
(15,189 posts)Or perhaps he tackled someone else prior to killing Trayvon. Or maybe he just tripped himself in more ways than one.
MADem
(135,425 posts)gateley
(62,683 posts)whacked him one and that's what set him off.
vaberella
(24,634 posts)With no witnesses he can and could have said anything and with him not going to the hospital to get it checked out all we have is word of mouth.
Glimmer of Hope
(5,823 posts)Your post made me think of the Lululemon case where the murderer inflicted wounds on herself to try to cover her crime.
Mariana
(14,860 posts)than a lot of people realize. Considering that Zimmerman knew he might face the needle, I don't think it's unlikely at all.
We'll probably never know. This goes (again) to the police officers' laziness and/or incompetence. If the cops had done a proper investigation, thoroughly going over the area looking for evidence, they may have found whatever he used to inflict that wound on himself, if indeed he did so. And if they had searched diligently and found nothing like that, we'd be more likely to believe that there really was a fight.
arcane1
(38,613 posts)and then the coward went after him with a gun
MoonRiver
(36,926 posts)Zimmerman should have been questioned at police headquarters and statements taken from people who called 911 and his girlfriend. Instead, we have a cover-up.
Bicoastal
(12,645 posts)...because no one official bothered to check Trayvon's call logs until the media got involved. The Sanford cops were incredibly, criminally negligent for this reason and more...
MoonRiver
(36,926 posts)This whole thing stinks.
mysuzuki2
(3,521 posts)Why didn't the police confiscate his clothing for testing? Why was a man who at least possibly was involved in a crime allowed to retain the weopon. Are those police officers complete idiots?
XanaDUer
(12,939 posts)Nt
csziggy
(34,136 posts)And his injuries photographed. Also, blood samples for tox screening should have been taken and an alcohol test should have been performed.
The officers took Zimmerman's word for EVERYTHING. They didn't even lift a finger to try to identify the dead young man, not even checking his cell phone.
Yes, these cops ARE complete idiots.
Life Long Dem
(8,582 posts)http://mysanfordherald.com/view/full_story/17920337/article-Chief-Bill-Lee-answers-questions-about-investigation-into-shooting-of-17-year-old-Trayvon-Martin?instance=home_news_2nd_left
Bicoastal
(12,645 posts)Trayvon runs so far and fast he loses Zimmerman, then SOMEHOW he doubles back so quickly he takes him by surprise?
I mean putting aside the question of HOW a human being would do that. WHY would he do it?
Life Long Dem
(8,582 posts)One second he is on the phone with the cops following the boy and the next second he loses him? Then there is the girlfriend on the phone with the boy up until the time the phone was knocked to the ground.
This conversation should help in determining whether he was walking or running because they talked about this. The cops didn't even talk to the girl.
Justice wanted
(2,657 posts)doesn't fully match that attack. Unless a Verbal demand of WHY ARE YOU FOLLOWING ME is justification to shoot someone.
uponit7771
(90,348 posts)frylock
(34,825 posts)Life Long Dem
(8,582 posts)http://tinyurl.com/84rklbf
http://tinyurl.com/7vn6m2f
Zimmerman was bleeding from the back of the head and had a bloody nose.
I don't know what exactly happened during this time but if Martin attacked Zimmerman, was Zimmerman still justified in using deadly force?
Everyone is ready to be judge and jury to hang Zimmerman. Well not me because I still believe in a person being innocent until proven guilty.
I'll be the first person to fry his ass if he is found guilty with his right to a fair trial.
X_Digger
(18,585 posts)He loses the ability to use self-defense as a defense.
[div class='excerpt']776.041 Use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
frylock
(34,825 posts)as has been pointed out over and over and over you cannot start an altercation with someone and then claim self defense because you're getting your ass kicked.
Mnemosyne
(21,363 posts)have cameras.
alphafemale
(18,497 posts)He could have wiped Trayvon's blood on himself.
uppityperson
(115,678 posts)There are many ways to have an abrasion on your head.
JI7
(89,260 posts)i don't believe there was. and if there is it was from something else .
the reason i say this is if it was true that wannabe cop piece of shit murderous thug Zimmerman would probably have made some appearances or put pics out to show he was hurt.
the police were trying to get the witnesses to change their story. I would not believe a word they said. If there is a wound - where are the pictures? Surely they would have tried to head off DOJ involvement with it if they had a pic.
savalez
(3,517 posts)The only reason they wouldn't have photographed it is if it did not exist. Or if they wanted to cover up the incident. Which is it?
uponit7771
(90,348 posts)bigtree
(86,005 posts). . . in the struggle that ensued after he pursued, tackled, and struggled with the young man trying to escape him.
Major Hogwash
(17,656 posts)He hasn't said a word publicly about it.
And it has almost been a month.
Joseph8th
(228 posts)... that it didn't knock him unconscious so Treyvon would still be alive.
What happened to taking a good ole fashioned ass-kicking when you deserve it? Zimmerman could've killed that boy with his bare hands but the coward pulled his gun.
Gun owners are cowards. And the 2nd Amendment is the LEAST important of our Constitutional Rights. I'd go so far as to say it's completely outdated and useless.
Where's my right to keep and bear and F-16?
Joseph8th
(228 posts)... where's my right to collect stamps? Huh?
Guns are for cowards. Only cowards need them.
COWARDS.
Why should you have a constitutionally protected right to collect guns? Fucking repeal that piece of shit.
Joseph8th
(228 posts)morningfog
(18,115 posts)Regardless, Zimmerman instigated and was the aggressor. Any injuries he got can be explained as a result of Trayvon trying to defend himself before the racist murder.
Th1onein
(8,514 posts)not to go after the child, and Zimmerman said, "Fucking coon." Did you hear that recording?
This was a hate crime.
bluestate10
(10,942 posts)Wounds have signatures. A wound from a fist has a specific signature, as does a wound from a rock or stone, or a pipe, or a can, or a piece of wire, or concrete sidewalk or pavement. Zimmerman is drawing a rope tighter and tigher around his neck. That rope is likely to hang the cop that was first on the scene and the police chief that could and should have forced the right actions to be taken by people under his command but didn't.
Response to Bicoastal (Original post)
Post removed
csziggy
(34,136 posts)Where the "A" marker is indicates the townhouse BEHIND which the body of Trayvon Martin was found. It was actually pretty much between that house and the one directly across the backyard since the police report indicated it was between the houses facing the two different streets.
George Zimmerman first spotted Trayvon at the entrance to the community, near the building with the swimming pool behind it. Trayvon was headed to the apartment almost at the back entrance, at the far end of the block where he was killed and across the street, about where the number 2610 on Retreat View Circle.
I suspect that when Trayvon realized the nut in the SUV was following him, he cut down that sidewalk between the rows of townhouses to get away from him. Zimmerman had to have gotten out of his vehicle to chase the kid, which totally eliminates the self defence claim.
In addition, if the girl friend's narrative of her last call with Trayvon is to be believed, Trayvon was blindsided by Zimmerman. Maybe he fought back, but if so he was the one who was protecting himself from an attack according to her story. Until the autopsy report is released, we will not know if there were any marks on Trayvon.
For all we know, Zimmerman could have been blundering around in the dark, tripped and hurt himself that way.
gkhouston
(21,642 posts)gateley
(62,683 posts)Nye Bevan
(25,406 posts)The other guy turns out to be a better fighter than you. Slimmer, more agile, and stronger. He holds his own and gets a few well-placed blows in.
So you draw a gun and shoot the guy dead. You then claim self-defense because your ass was being handed to you, even though you started the fight.
Morally repugnant? Enormously so. But does that work as a legal defense? I hope not, but I don't know.
X_Digger
(18,585 posts)There is a specific set of circumstances..
If you tried to disengage, and your opponent persisted, then yes, you'd be justified..
Here's the relevant section of law:
[div class='excerpt']776.041 Use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
The example would be, you and a guy 'stepped outside' to 'engage in fisticuffs' and when you realize you're getting your ass kicked, you try and give up, but the other person continues to stomp you..
yardwork
(61,690 posts)Trayvon was trying to get away from the scary big man who was chasing him with a gun. Zimmerman did not try to disengage. He was the aggressor and then he shot his victim.
X_Digger
(18,585 posts)Especially if he also tried to detain Martin illegally (a forcible felony.)
yardwork
(61,690 posts)Now, after weeks of public outcry, a grand jury is going to review the case. I don't have a lot of faith that this will lead to charges. The DA presents the evidence to grand juries, and the DA, police chief, and town manager think that there is no reason to arrest Zimmerman.
X_Digger
(18,585 posts)It's not like a trial on law and order where the prosecution presents the case- you get to ask questions, ask that other evidence be presented (or looked for).. basically you get to grill the DA and cops.
You don't have to know legalese, either.
With all the outrage, I fully expect the DA / cops to feel like they've gotten a colonoscopy.
yardwork
(61,690 posts)Canuckistanian
(42,290 posts)We don't know whether that particular wound was inflicted AFTER Trayvon was shot or before.
But one thing is clear. This didn't have to happen. The cops TOLD Zimmerman to back off, BEFORE the fact.
frazzled
(18,402 posts)for treating a head wound, you can ponder this more. Not a police report, but something showing that there was a wound serious enough to need treatment.
If no such thing turns up, then there was no serious wound. And we can return to discussing the issues: a self-appointed vigilante with a gun was pursuing a 17-year-old kid who lived in the complex and was carrying a can of iced tea and some Skittles and got shot to death.
trumad
(41,692 posts)Were paramedics called to the scene to administer first aid to this errr serious wound?
Did he go to the hospital?
If so---let's see the report.
jwirr
(39,215 posts)himself? The tapes make it clear that was the case.
Evasporque
(2,133 posts)It was probably Trayvon's...a little dab will fool ya....
Ganja Ninja
(15,953 posts)You can't go out armed and stalk and chase down complete strangers who are minding their own business. And then when they turn and fight for their lives and you shoot them you can't call it self defense. That's the gist of this case.
DefenseLawyer
(11,101 posts)Life Long Dem
(8,582 posts)Zimmerman says he was walking to his truck.
http://tinyurl.com/84rklbf
http://tinyurl.com/7vn6m2f
vaberella
(24,634 posts)Because just based on where Trayvon was killed which was a few yards from his house and Zimmerman killed him which was a good mile from Zimmerman's own home...I doubt that Trayvon jumped him and he wouldn't be able to do it when he's on the phone with his girlfriend...since the girlfriend claimed that she was on the phone with Trayvon when the phone went dead because it sounded like Trayvon was attacked or pushed.
newspeak
(4,847 posts)because it seems that it should have been treated like a murder scene until proven otherwise. Just the perps word on it doesn't fly. The perps gun and clothes should have been confiscated, pictures should have been taken of zimmerman's alleged wounds. Nothing was done. This looks more and more like a cover up, to me.
vaberella
(24,634 posts)Just by that information there was no way that Trayvon attacked Zimmerman. You don't attack someone with your phone on and your having a conversation. How does that even make sense?
EmeraldCityGrl
(4,310 posts)the better chance his defense team has arguing he cannot get a fair trial
due to media coverage. The longer he stays loose the more time there is
to get rid of the murder weapon and other evidence like clothing, Zimmerman's
cell phone, computer, or anything that should have been collected at the time of the crime.
Time is of the essence.
Response to Bicoastal (Original post)
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