MaggieD,
I'd buy your argument except you're forgetting one key point.
Per the 911 transcript and the affidavit, Zimmerman clearly stated to the 911 dispatcher, "these assholes; they always get away". By that very statement, at the very least Zimmerman assumed Trayvon was up to no good. He may not have assumed Trayvon was a criminal, but he certainly assumed he was in the housing development to commit a criminal act.
Suspecious person...? Yes, but it's one thing to think that someone is somewhere they shouldn't be because you consider something to be odd or out of place about him/her. It's another to jump to an instant conclusion that said person is up to no good and all you have to go by is his appearance. As such, Zimmerman did, in fact, profile Trayvon Martin. I don't think you can come to any other conclusion based on how events unfolded.
Now, just to play Devil's Advocate, let's recap what we do know base on media reports, eyewitness testimony ("
John" and
Mary Cutcher), the
911 transcript and the affidavit.
We know that there was a recent rash of burglaries in the neighborhood where Zimmerman lived.
We know that Zimmerman is been a member of a neighborhood watch group that patrolled the gated community where the shooting took place. (How long and how experienced hasn't been firmly establish, thus, is up for debate).
We know that Zimmerman took particular notice of someone who looked suspecious walking through his neighborhood presumably a Black teen wearing a dark hoodie.
We know that it was dark and raining out that night.
We know that Trayvon was walking "home" alone that night (again, I'm not sure if the home he was visiting was his mother's or father's) from the store during half-time of a NCAA college basketball game during March Madness.
We know that Zimmerman carried a concealled weapon towhich he had a permit and license to carry.
We know that per Neighborhood Watch rules Zimmerman was not suppose to be carrying a gun while on patrol.
We know that Trayvon only had a drink and candy on his person when the assault and subsequent gunfire took place.
We know that Zimmerman left his vehicle and followed Trayvon even after being asked not to do so by 911 dispatcher.
We know that Trayvon was concerned for who was following him and called his girlfriend and discussed events with her in real time.
We know that Trayvon dawned his "hoodie" and initially ran in an effort to elude his persuer. For a brief moment, Trayvon did elude Zimmerman, but a few moments later Zimmerman spotted him again.
It's at this point where things (for me) get sketchy...
According to the 911 transcript, Zimmerman mentioned that Trayvon was approaching him and that he had his hands in his waistband. But this was after Zimmerman was told by the 911 dispatcher not to continue following Trayvon. Zimmerman also informs the 911 dispatcher that Trayvon had something in his hands. That "something" his cellphone according to
testimony from Trayvon's girlfriend.
Remember: He had her on the phone up until the assault took place.
The affidavit states that Zimmerman confronted Trayvon. But according to testimony from Trayvons' girlfriend, it would apper that Trayvon verbally confront Zimmerman first asking him "What are you following me for?," towhich Zimmerman replied, "What are you doing here?". This is where the physical confrontation ensued.
According to "John", the man in dark attire (presumably Trayvon) was on top while the man in the red sweater (presumably was Zimmerman) was on the bottom. We know based on Zimmerman's conversation w/911 dispatcher that Trayvon was wearing a dark hoodie. John went inside his home to call police (911) but when he looked outside his window the man wearing the red sweater was now on top and the man in the dark attire was presumably dead. According to testimony from Mary Cutcher, she and her roommate both saw Zimmerman "straddling the body, basically a foot on both sides of Trayvon's body, and his hands pressed on his back."
When discussing the cried for help she and her roommate heard, Mary Cutcher stated, “It sounded young. It didn’t sound like a grown man is my point. It sounded to me like someone was in distress and it wasn’t like a crying, sobbing boo-hoo, it was a definite whine."
Cutcher added that Zimmerman told her and her roommate to call the police. "Zimmerman never turned him over or tried to help him or CPR or anything."
If events turn out to be anywhere near as outlined above - and I remind the readers the above summary is based on the 911 transcript, eyewitness testimony and testimony from Trayvon's girlfriend during their cellphone conversation leading up to the assault that ensued - odds are Zimmerman will be convicted of murder in the 2nd degree.
He assumed Trayvon was somewhere where he didn't belong.
He assumed Trayvon "was up to no good" based both on his attire (dark hoodie) and the fact that Trayvon was "standing and looking around". Little did Zimmerman know that Trayvon was talking with his girlfriend about events as they occurred and that he initially ran to elude his pursuer.
He assumed Trayvon was coming after him. He stated such himself.
He assumed Trayvon would do him bodily harm. You get that impression from the fact that: 1) Zimmerman stated that Trayvon was looking at him, 2) that Zimmerman was concerned about the placement of Trayvon's hands in his waistband, and 3) that Trayvon had something in his hands.
Unless it can be proven that Trayvon attacked Zimmerman first as I mentioned in this
thread - whether it was because he was upset that Zimmerman was following him for no apparant reason (he hadn't done anything up to that point) and Zimmerman's defensive tone (Re: "Why are you here?") - it's going to be very difficult to prove that Zimmerman acted in self defense.
