Could Zimmerman be nailed with the felony murder rule?

[backscatter712]

http://en.wikipedia.org/wiki/Felony_murder_rule

Essentially it means that if you're committing a felony, and during the course of this felony, somebody dies, you get charged with 1st degree murder, even if you didn't directly kill him.

For example, say you decided to stick up a 7-11. You don your pantyhose mask, walk in, draw your gun, and the elderly attendant, scared out of his wits, suddenly has a heart attack and keels over dead. Guess what. You're guilty of murder, because your actions, in the course of committing a felony robbery, resulted in that man's death, even though you didn't actually shoot him.

Of course, Zimmerman did actually shoot Trayvon. He's claiming it's because of mutual combat and he shot to defend himself. But how did it come up to that? Zimmerman engaged in stalking of Trayvon Martin, confronted him, threatened him, and committed assault and battery with a deadly weapon. If Zimmerman made any sort of violent threat against Trayvon at all, or laid a hand on him in anger, then it doesn't matter that Trayvon reacted by hitting him or fighting back. The scuffle escalated, and now Trayvon's dead.

Think Zimmerman could get pinched on the felony murder rule?

[dipsydoodle]

1. Hope springs eternal

.

[pipoman]

2. What would the felony be?

[cognoscere]

9. Aggravated assault? Aggravated battery? NT

[TheWraith]

3. Possibly, but it doesn't need to be that obscure.

It really doesn't make a difference if you believe Zimmerman's claim that they were fighting. Even if that was completely true, his initiating the confrontation puts him outside Florida's self defense laws--he had no right to armed self defense once he became the aggressor. It's designed that way on purpose, to prevent someone from initiating an altercation and then getting to claim self defense. That makes it manslaughter at least, probably murder in the second if the situation is even slightly different than he described.

[GopperStopper2680]

4. The 'Stand Your Ground Law' States...

That anyone can use lethal force in self defense under any circumstances except in the act of committing a crime. Zimmerman stalked Martin despite the young man's attempts to get away peacefully, and despite being told by authorities to desist. He then engaged the young man in a physical altercation during which he shot him. That sounds like a crime to me. And since he followed Martin for some distance before shooting him some people might rule that premeditated murder. Then again some might not. Remains to be seen.

[Angleae]

5. He'd have to be charged with another felony in the first place.

And as pipoman said, what would the felony be?

[saras]

6. It's easy. Charge the officers with conspiracy for covering it up, and offer immunity for testimony

...poof! Zimmerman's story loses all police support, cops offer solid testimony against him, easy murder conviction.

All it takes is a DA who knows how to play the game.

[RZM]

7. I don't think you'd be able to prove an initial felony

I can't think of one, anyway. The only possible way would be if Zimmerman attacked Trayvon physically first. But if he did why would you need this double thing? You could just charge him with murder based on that alone, right? But I doubt evidence will emerge that shows beyond a reasonable doubt that Zimmerman initiated the PHYSICAL altercation, even if he did initiate a verbal one.

I've said before that it can be difficult to determine who 'started' a fight even when you are right there. I doubt they would be able to do so here, with much less information.

[spin]

8. The problem is a lack of witnesses.

At this point no one is certain what happened prior to the altercation. Perhaps a witness will step forward.