Ashton Crusher <
de...@moore.net> wrote in
news:jbu2q8h3d2ni5so5t...@4ax.com:
>>It seems the closer people look at Travon Martin, they can see he
>>wasn't the 'good kid' the media made him appear to be.
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http://www.tampabay.com/news/publicsafety/crime/in-trayvon-martins-text
>>-messages-talk-of-marijuana-fights-and-guns/2122811
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>>In the months and days before his shooting death, Trayvon Martin was
>>getting into fights, getting high on marijuana, getting suspended from
>>school and talking with friends about getting a gun, according to
>>cellphone text messages that defense lawyers for shooter George
>>Zimmerman released Thursday.
>>
>>Trayvon's chronically misspelled, slang-filled messages — as well as
>>pictures of a semi-automatic pistol, marijuana plants and Trayvon
>>flipping his middle fingers — are all part of Zimmerman's defense plan
>>to put the Miami Gardens 17-year-old posthumously on trial.
>>
>>"So you just turning into a lil hoodlum," one friend, whose name has
>>been withheld, texted Trayvon.
>>
>>Trayvon replied: "No not at all."
>>
>>At one point, Trayvon joked that the friend was "soft."
>>
>>"Boy don't get one planted in ya chest," the friend joked back.
>>
>>The message, a likely reference to being shot, eerily foreshadowed
>>Trayvon's fate three months later.
>>
>>On the rainy evening of Feb. 26, 2012, Zimmerman fatally shot Trayvon
>>at an apartment complex in Sanford, near Orlando, where the Miami
>>Gardens teen was sent to live with his dad to get back on track.
>>
>>That night, Trayvon was returning from a convenience store where he
>>had just bought a pack of Skittles and some iced tea. Zimmerman said
>>he believed the young man in the hoodie sweatshirt was up to no good.
>>
>>No one witnessed who threw the first punch at whom or why.
>>
>>But soon Trayvon was dead from a Sig Sauer gunshot wound, Zimmerman
>>was in police custody and the nation began debating Florida's deadly
>>force law known as "stand your ground."
>>
>
> The only people who talk about the "stand your ground" law are those
> who don't understand the law. This was not a stand your ground case.
> Trayvon was attacking Zimmerman and he did what ANYONE who is being
> attacked may legally do, he shot the asshole attacking him.
Oooops. No one knows for sure (other than Zimmerman) who started the
physical portion of the confrontation.
The stand
> your ground law deals with whether or not you have a duty to retreat
> if you can do so rather then shoot someone. Stand your ground laws
> say you do not have a duty to retreat when you are attacked.
SYG in Florida is handled by statute 776.012 (or 776.013 if it is in your
home and is Castle Doctrine). It consists of eight words. Here it is:
776.012 Use of force in defense of person.—A person is justified in
using force, except deadly force, against another when and to the extent
that the person reasonably believes that such conduct is necessary to
defend himself or herself or another against the other's imminent use of
unlawful force. However, a person is justified in the use of deadly force
and does not have a duty to retreat if:
(1) 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; or
(2) Under those circumstances permitted pursuant to s. 776.013.
776.013 as noted covers Castle Doctrine. SYG is in the eight words,
"...and does not have a duty to retreat..."
Have you
> ever heard anyone say the police have a duty to retreat if they are
> attacked? yet for years the public was expected to do just that until
> some states finally passed stand your ground laws.
>
>
>>The law offers protections for some shooters in public places, but
>>Zimmerman was still charged with second-degree murder by a special
>>prosecutor appointed by Gov. Rick Scott. Zimmerman is pleading
>>self-defense, and said Trayvon attacked him.
>>
>>His trial is scheduled for June 10.
>>
>>
>
> The regular prosecutor knew there was no justification to charge
> Zimmerman so they brought in a ringer to do the dirty work.
We shall see when testimony comes in under oath.
Zimmerman and his attornies turned down a SYG hearing to resolve the
issue. If he had been held by the judge as to being covered by SYG then
he would have been immune to both civil and criminal charges ensuing out
of the encounter.
Here is the statute 776.032 for that:
776.032 Immunity from criminal prosecution and civil action for
justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s.
776.031 is justified in using such force and is immune from criminal
prosecution and civil action for the use of such force, unless the person
against whom force was used is a law enforcement officer, as defined in
s. 943.10(14), who was acting in the performance of his or her official
duties and the officer identified himself or herself in accordance with
any applicable law or the person using force knew or reasonably should
have known that the person was a law enforcement officer. As used in this
subsection, the term “criminal prosecution” includes arresting, detaining
in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for
investigating the use of force as described in subsection (1), but the
agency may not arrest the person for using force unless it determines
that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff if the
court finds that the defendant is immune from prosecution as provided in
subsection (1).
History.—s. 4, ch. 2005-27.
--
Sleep well, tonight.....
RD (The Sandman
You can be young without money, but you
can't be old without it.