MaggieD
DP Veteran
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- Jul 9, 2010
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A lot of GZ supporters think the case will get dismissed on the SYG law or that he can claim self defense at the trial. Florida suggests otherwise according to this statute on two relevant points:
Initially provokes the use of force against himself or herself, unless:
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
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.
776.041 - - 2011 Florida Statutes - The Florida Senate
During or after the SYG hearing GZ will need to prove he qualifies to claim self defense at the trial. This is when the prosecution will highlight he does not qualify because he provoked the entire episode. He can claim TM hit him first but that is irrelevant to the Statute because it clearly states provocation and not physical contact.
He did not try to retreat and this is proven by the arguing between the two before the fight and shooting. There is also no evidence he tried to escape or use non deadly force prior to shooting. His bloody nose and head scratches are not a reasonable justification for deadly force as case history proves.
If he can't use self defense during the trial he is completely toazt.
GZ does not have to provide evidence he tried to escape or use nondeadly force prior to shooting. All he has to prove (more likely than not, by the way -- not the more onerous beyond reasonable doubt that the State has to prove) is that he was attacked first. Since it is highly unlikely the State will be able to prove that GZ attacked TM first, I'm beginning to doubt he'll be convicted. If-If-If it's a fair trial and not a railroad with the judge as the engineer.
His attorney is still deciding when/if he'll go before the judge and ask for dismissal on the SYG Law. While I doubt the judge would dismiss the case, it will set up an appeals process for GZ that will probably push his trial into next year.
Edit: This release of information is very helpful to Zimmerman. I never thought for One New York Minute that this was a hate crime -- nor did I think GZ "targetted" blacks -- nor did I think he was racist. It's nice to have this information confirmed. I'll bet GZ sleeps a bit better tonight.
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