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Byron Williams

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Will 'Stand Your Ground' Exonerate Zimmerman Without a Jury?

Posted: 06/21/2012 3:52 pm

Regardless of where one comes down on the Trayvon Martin shooting, it is a tragic scenario that has exhibited the best and worst of America.

The best is reflected in the power of social media, transforming a local issue into a national news story that swept the nation.

The worst was evident by both sides of the divide, demonstrating little patients for the facts to unfold before not only rendering their decision prematurely, but engaging in the most reprehensible behavior.

Filmmaker Spike Lee took matters into his own hand by publishing on Twitter what he believed was the address of George Zimmerman, the neighborhood watch volunteer who shot and killed Martin on February 26 in Sanford FL. The address was not Zimmerman's but a septuagenarian couple who feared for their lives as they received needless threats.

Assuming it was Zimmerman's address, what was Lee thinking?

Not to be outdone, some supporting Zimmerman have also participated in the worst behavior. After the shooting, gun range targets meant to resemble Martin went on sale in Florida and reportedly sold out within two days.

What's striking is the moral gap that exists between what we think we know and how jurisprudence is actually practiced in Florida.

Under Florida's "Stand Your Ground" law, the section most applicable to Zimmerman's second degree murder trial states:

"A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony."

How the aforementioned statement is understood may very well determine whether Zimmerman is exonerated without a jury trial. Zimmerman's attorney could seek a "Stand your Ground" hearing.

In a "Stand your Ground" hearing one's fate does not rest with a jury of one's peers but only with a judge. If the judge rules stand your ground law applies, case closed, and Zimmerman is a free man.

Assuming there is a "Stand your Ground" hearing, the judge's decision could rest on how widely the facts apply. If stand your ground is limited to the immediacy of the shooting, the gashes on Zimmerman's head, and that he is the only surviving member of this tragedy who knows exactly what occurred, could bode well for his release.

But what if a wider range of circumstances are included? What if Zimmerman's stand your ground defense began on September 11 2011, when he hosted a neighborhood watch meeting?
According to NBC, a PowerPoint presentation conducted by a Sanford police officer at the neighborhood watch meeting, expressly stated do not pursue or attempt to capture subjects, do not carry arms, and no vigilante justice. Does stand your ground exempt one from the neighborhood watch PowerPoint presentation?

Or what about the simple fact that after Zimmerman placed his 911 call alerting them to Martin's "suspicious" behavior, confirms he is following Martin and is told by police dispatch, "We don't need you to do that," he gets out of his car?

In this light is Zimmerman still justified in the use of deadly force and does not have a duty to retreat because he reasonably believes that such force is necessary to prevent imminent death?
Zimmerman getting out of the car after being told by law enforcement essentially to "cease and desist" seems problematic for his defense. Under Florida's stand your ground law, can one leave the safety of one's vehicle, ignore police instructions, and still be exonerated without a jury?

If so, the "Sunshine State" will harbor dark clouds for the foreseeable future.

 

Follow Byron Williams on Twitter: www.twitter.com/byronspeaks

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Regardless of where one comes down on the Trayvon Martin shooting, it is a tragic scenario that has exhibited the best and worst of America. The best is reflected in the power of social media, trans...
Regardless of where one comes down on the Trayvon Martin shooting, it is a tragic scenario that has exhibited the best and worst of America. The best is reflected in the power of social media, trans...
 
 
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10:53 PM on 08/14/2012
George had every right to leave his car. the police did not order him not to follow Martin. They told him that they did not need him to follow martin. He was not following martin at the time he was attacked by Martin. He had every right to defend himself from Martin who attacked him. Mr. Zimmerman should and will be found not guilty.
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Karissa36
Saving lost boys and fighting pirates.
05:06 PM on 08/09/2012
"Does stand your ground exempt one from the neighborhood watch PowerPoint presentation?"

No one has a legal duty to follow the suggestions of a neighborhood watch PowerPoint presentation. Citizens do not give up their rights, (like Zimmerman's legal right to carry a gun), because they volunteer for a neighborhood watch. Citizens do not need the permission of the police to form a neighborhood watch, and they don't have to follow anyone's suggestions on how to do it. Zimmerman had no legal duty to not carry a gun, to not leave his car, or to not follow Martin. Citizens do not magically lose their legal rights by joining a neighborhood watch.

This is without a doubt one of the dumbest arguments in the debate on this issue.
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Karissa36
Saving lost boys and fighting pirates.
04:55 PM on 08/09/2012
"Or what about the simple fact that after Zimmerman placed his 911 call alerting them to Martin's "suspicious" behavior, confirms he is following Martin and is told by police dispatch, "We don't need you to do that," he gets out of his car?"

Zimmerman was already out of his car and following Martin on foot, when the dispatcher said that. You can clearly hear him exit his vehicle on the 911 tape, at the 2:00 minute mark, and then his heavier breathing as he follows. Even the Prosecutor agrees with this. Zimmerman DID stop following Martin when told he didn't need to. You can hear the difference on the tape in his breathing. When Zimmerman hung up, he walked further to check a street sign name, and Martin jumped him.

Most important of all, the first 911 call reporting a fight occurred 60 SECONDS after Zimmerman hung up his call to the dispatcher. Only a fool would think Zimmerman could track down a fleeing Martin, in a dark neighborhood, when Martin had a two minute head start, and start a fight within less than 60 seconds. The 60 second time lapse only makes sense if Martin hid, and then attacked Zimmerman after he hung up.

Finally, note the absurd irony of people claiming Zimmerman should not have been walking in his own neighborhood. That privilege is allegedly reserved for visitors from Miami, who are walking while black.
12:16 AM on 07/25/2012
Here we go. More lies to feed the fire.
This comment has been removed due to violations of our [Guidelines]
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alex61
06:26 PM on 07/19/2012
This case is all about one thing: Trayvon Martin is dead because he made the fatal decision to physically assault a man he didn't know was armed. There is NOTHING else. All this other nonsense is about agendas. The only crime committed was committed by Trayvon Martin. Zimmerman was viciously assaulted and had every right to defend himself. This is not about Florida's 'stand your ground' law because once a person is under physical assault, they don't need the permission of any law to use force to defend themselves.
The deceased caused his own death. Period.
11:55 PM on 07/19/2012
I agree and have yet to see any evidence that points otherwise.
11:01 PM on 08/02/2012
There is no evidence or witnesses that even so much as suggest martin started the fight, only the word of the guy who is in neck deep bandin and desperately trying to wade out of it. The same guy who has multiple verions of what happenedall of which have contradicitons whithin each stroy as well as contradicitons with his other versions. He has also been proven to not be beyond deceit and fabricating stories
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cabinetmaniac
Think for yourself. Question authority.
10:14 PM on 07/14/2012
This whole thread turned into swatcapt getting owned by QuakerJewish!

LOL

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HUFFPOST SUPER USER
cabinetmaniac
Think for yourself. Question authority.
10:04 PM on 07/14/2012
"patients"

???

patience

!!!

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HUFFPOST SUPER USER
cherokee1934
03:58 PM on 08/09/2012
"AMEN"

???

"AMEN"

!!!

03:09 AM on 07/13/2012
BYRON WILLIAMS, so called Columnist, author, and pastor, should be fired from his position of columnist. I can't personally comment on his ability as a pastor, but his writings lead me to believe that he will preach whatever he wants you to believe, whether it is based in fact or based in complete fiction.

He should be fired like the audio editors at NBC were fired that mislead the public about facts in this case. Zimmerman didn't leave his car after dispatchers told him not to. He was out of his car long before that. Then when the dispatcher told him to stop, he said, "Okay".

Making the public believe, as you do in this article, that Zimmerman received orders to stop and then proceeded to jump out of his can and rush Martin is a complete falsehood. Even the prosecution isn't alleging that.

So how do you stand, Reverand Williams?

Not very straight in my book...
This user has chosen to opt out of the Badges program
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08:09 AM on 08/03/2012
" He (Zimmerman) was out of his car long before that."
That means Zimmerman pursued Martin.
The neighborhood watchman broke protocol.
Zimmerman did receive orders to stop.
06:44 PM on 08/04/2012
I'm glad you agree with me that Bryon Williams is factually wrong in his article.
07:15 PM on 08/04/2012
What protocol is there for watching out for your crime-ridden neighborhood?
09:31 AM on 07/11/2012
Your facts are skewed. You state that Zimmerman got out of his car to follow Martin after he was told not to. He got out of his car way before the dispatcher told him to stop following Martin. Then when the dispatcher told him "we dont need you to do that ", zimmerman says "okay"

What basis do you use to say that Zimmerman kept following Martin?
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QuakerJewish
Reality over myth.
09:55 AM on 07/12/2012
The fact that he caught up with Trayvon near Trayvon's home for one.

Why would you believe the habitual liars testimony?
It doesn't fit the evidence, nor is it logical.

Witness 2 states an arrest event turned into a struggle. For what? The gun maybe? You don't think that Trayvon was arresting Zimmerman, I am sure, right?

You don't really think that cracking high pitch voice screaming for help was really the matured 28 year old voice of Zimmerman do you?

You don't really think Trayvon called Zimmerman his "homie" or said after he was shot dead, "You got me", do you?

Why would you chose to defend the child killer, but not the dead kid? What in your personality drives that?
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swatcapt
01:27 PM on 07/12/2012
were do you get that it was an arrest event.
02:44 AM on 07/13/2012
First of all, what makes you thing I am defending Zimmerman? I am simply pointing out facts in the article that are wrong. All evidence presented shows that Zimmerman stopped following Martin after the dispatcher told him "we don't need you to do that".

Back to my original question, "What basis do you use to say that Zimmerman kept following Martin?”
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QuakerJewish
Reality over myth.
11:31 AM on 07/12/2012
Are you serious? The dispatcher heard Zimmerman get out of his car, and then asked if he was following. Zimmerman affirms, the dispatcher says they don't need him to do that. It was a congruous event. Zimmerman then goes through a rediculous story about not remembering the names of the three streets he patrols.

Do you believe he couldn't remember?
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alex61
06:33 PM on 07/19/2012
I believe that Travon is dead for one reason only: He assaulted a man that he didn't know was dead. All this other stuff is irrelevant. Travon committed the crime of assault and he paid the price. period.
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alex61
06:34 PM on 07/19/2012
...he didn't know was armed.
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Tim Berton
01:04 PM on 07/09/2012
I don't think this judge will follow the Stand Your Ground law and dismiss charges with a Stand Your Ground hearing. That would bring black anger down on the judge.

The judge has shown himself to be on the prosecution's side with the ridiculous conclusion that Zimmerman would have fled had he not been given an ankle monitor.

Someone who plans to flee does not pay off $24K in debt or just shuffle money among accounts. They take out the money in cash in preparation.

If Zimmerman wanted to flee, he could have done that before he was arrested. He has little motive to flee because he has a strong case of self defense. Fleeing would give the prosecution evidence of guilt, something which they lack.
11:15 PM on 08/02/2012
Try sticking to facts and leave your fictitious narratives and conspiracy theories at the door when you come in. Judge Lester has no say in hwether or not the SYG evidenitary hearing is held. If MO'Mmie dearest wants to have the hearing and files for it, it will be held. If he doesnt file for it, it wont happen. If MO'Mmie dearest opts for a SYG evidentiary hearing, Juddge Lester will hear evidence from both sides and render a decision, based on the evidence and the law. A decision against the zimbecile doesnt mean Judge Lester didnt follow the law.
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cherokee1934
03:36 PM on 08/09/2012
All of your points seem right to me.
09:48 AM on 07/09/2012
It would be nice if Byron Williams at least got his facts right. GZ was already outside the car when he told the dispatcher that he was following TM.
12:05 AM on 07/20/2012
Byron williams will preach whatever he wants you to believe. Factually, he is completely wrong, but who cares about the facts when you have a bunch of drones....er....followers....readers......flock... congregation...to listen to your propaganda.
11:17 PM on 08/02/2012
you mean like the "bunch of drones....er....followers....readers......flock... congregation.."who listen to zimbeciles proaganda and beleive him despite multiple versions of the story, all with conflicting elements within the story let alone in comparison to the other stories?
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swatcapt
02:46 AM on 07/08/2012
I also think that of he was so scared (according to his Gf) why not run home or call the police.
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QuakerJewish
Reality over myth.
10:15 AM on 07/12/2012
He did run from the danger stranger.

He thought he lost the stranger when he got near his home. Then the danger stranger reappeared, while the kid was on the phone. Then the phone is knocked away and witness 2's statement kicks in, that an arrest event turned into a struggle. A minute later he is dead.

At what point of Trayvon's stranger danger situation do you think he had the opportunity or would have perceived the need to dial 911?

Are you just trying to defend the child killer by blaiming the dead kid for his own death?

What about the dead kid's point of view that night? Any empathy for the victim of stranger danger at all?
12:36 AM on 08/03/2012
>>>He thought he lost the stranger when he got near his home.>>>>

How do you know what TM thought?
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swatcapt
02:42 AM on 07/08/2012
Please cite a law that says that. Not the watch guide lines a real law that is enforce able.
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QuakerJewish
Reality over myth.
10:18 AM on 07/12/2012
Please clarify what you asking for a law about. Your demand has no subject to address and there is no one single issue in the article to relate this to.
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swatcapt
01:26 PM on 07/12/2012
I was responding to someone else. If i remember correctly I was asking for a law that can be enfocred about watchmen carrying guns. And not the guide lines that everyone keeps talking about.
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swatcapt
01:38 AM on 06/30/2012
So follow someone and talking to them is equal to attacking the. Boy the people that come out of Walmart behind me better watch out.
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Angela Fogle
01:14 AM on 07/04/2012
don't forget...while carrying a lethal weapon and a history of anger issues
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cherokee1934
03:28 PM on 08/09/2012
One thing that happened was that the Zimmerman family had been told by the police to arm themselves for protection.
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QuakerJewish
Reality over myth.
10:21 AM on 07/12/2012
Zimmerman was not walking out of Walmart, silly. He was playing cops and robbers with real people. He had already targeted the kid, and already profiled the kid as a criminal, and he was wrong. It never occurred to Zimmerman he was targeting his neighbor's guest.

Not the same as walking out of Walmart at all. Use your logic, not your emotional projections.
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cherokee1934
03:27 PM on 08/09/2012
The same goes for you........use your own logic.