Yesterday, I wrote the following:
"...I am unaware of any evidence that George Zimmerman was 'attacked' (in the language of the 'stand your ground' law) by Trayvon Martin. I am unaware of any evidence on who 'started' the physical altercation."
Now I am:
9. George Zimmerman told police that he stopped his vehicle, got out, and was unable to find Trayvon Martin, who he had been pursuing or following, and Trayvon Martin came up behind George Zimmerman, punched George Zimmerman in the face, knocking him to the ground, and began banging George Zimmerman's head into the ground.
This information was first published in the Orlando Sentinel yesterday. Prior to this information I also wrote yesterday:
" 'However, the use of deadly force is not justifiable if you find:
George Zimmerman initially provoked the use of force against himself unless:
the force asserted toward George Zimmerman was so great that he reasonably believed that he was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on Trayvon Martin.' "
"The jury will get that law read to them if Zimmerman asserts self-defense, which he will. Jurors get read a lot of parts of the law that they must apply to the facts of the case if they find them relevant to the facts. I do not believe a jury will find that part of the law applicable to the facts as I know them right now."
Based on this new information I have changed my mind. The above law would be considered by a jury, and will be considered by prosecutors now deciding whether to arrest George Zimmerman as directly applicable to the facts of the case. It may not be the determining fact, it may be believed or disbelieved in whole or in part, although it is consistent with fact #4, that George Zimmerman suffered some injury in the physical altercation with Trayvon Martin, but it is part of the facts of the case that will be and should be weighed by the prosecutors. It is important.
"...I am unaware of any evidence that George Zimmerman was 'attacked' (in the language of the 'stand your ground' law) by Trayvon Martin. I am unaware of any evidence on who 'started' the physical altercation."
Now I am:
9. George Zimmerman told police that he stopped his vehicle, got out, and was unable to find Trayvon Martin, who he had been pursuing or following, and Trayvon Martin came up behind George Zimmerman, punched George Zimmerman in the face, knocking him to the ground, and began banging George Zimmerman's head into the ground.
This information was first published in the Orlando Sentinel yesterday. Prior to this information I also wrote yesterday:
" 'However, the use of deadly force is not justifiable if you find:
George Zimmerman initially provoked the use of force against himself unless:
the force asserted toward George Zimmerman was so great that he reasonably believed that he was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on Trayvon Martin.' "
"The jury will get that law read to them if Zimmerman asserts self-defense, which he will. Jurors get read a lot of parts of the law that they must apply to the facts of the case if they find them relevant to the facts. I do not believe a jury will find that part of the law applicable to the facts as I know them right now."
Based on this new information I have changed my mind. The above law would be considered by a jury, and will be considered by prosecutors now deciding whether to arrest George Zimmerman as directly applicable to the facts of the case. It may not be the determining fact, it may be believed or disbelieved in whole or in part, although it is consistent with fact #4, that George Zimmerman suffered some injury in the physical altercation with Trayvon Martin, but it is part of the facts of the case that will be and should be weighed by the prosecutors. It is important.
