Here’s something to ponder as we await the verdict. Instructions to the Jury.
Things I’ve highlighted…
Second Degree Murder or Manslaughter?
If you find Trayvon Martin was killed by George Zimmerman, you will then consider the circumstances surrounding the killing in deciding if the killing was Murder in the Second Degree or was Manslaughter, or whether the killing was excusable or resulted from justifiable use of deadly force.
Did Trayvon Martin attempt to murder or commit a felony upon George Zimmerman? In my opinion, Trayvon Martin did not attempt to murder or commit a felony upon GZ. In my opinion, Trayvon Martin was attempting to save his own life especially if he happened to see GZ’s gun which I believe he did.
Excusable Homicide: The killing of a human being is excusable, and therefore lawful, under any one of the three following circumstances:
1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the attempted killing is not done in a cruel and unusual manner. – See more
In my opinion, #3 may not look good for the State if the jury believes it was TM who initially sucker punched GZ but this is where it gets interesting. This is where GZ’s family background; his best friend “Mark Osterman” and his academic knowledge of SYG comes in handy for George. This is why he’s claiming TM sucker punched him. Now I know why Mark O’Mara focused only on who started the fight. The Defense also didn’t want the word “provocation” used in these instructions.
SECOND DEGREE MURDER
To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:
1. Trayvon Martin is dead.
2. The death was caused by the criminal act of George Zimmerman.
3. There was an unlawful killing of Trayvon Martin by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that: 1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and 2. is done from ill will, hatred, spite or an evil intent, and
3. is of such a nature that the act itself indicates an indifference to human life. In order to convict of Second Degree Murder, it is not necessary for the State to prove George Zimmerman had an intent to cause death.
In my opinion, as to #3 “act”. GZ, as a responsible gun owner; with a license to carry a concealed weapon should have known not to approach any person whom he considered suspicious while carrying a loaded gun. We know that he considered TM suspicious because he called NEN 911 We know that he said TM circled his truck, then ran which a reasonable person such as GZ; would perceive as fear. Once he saw Trayvon Martin’s fear, he jumped out of his truck, carrying a gun; with “evil intent” to bring in his prize, the A-Hole; effing Punk.
*edited: should have read #3 instead of #1. I was referring to “act”
POSSESSION OF A FIREARM AND DISCHARGE CAUSING DEATH
If you find that George Zimmerman committed Second Degree Murder and you also find beyond a reasonable doubt that during the commission of the crime, he discharged a firearm, and in doing so, caused great bodily harm to, or the death of, Trayvon Martin, you should find George Zimmerman guilty of Second Degree Murder with discharge of a firearm causing great bodily harm or death.
If you find that George Zimmerman committed Second Degree Murder, and you also find beyond a reasonable doubt that during the commission of the crime, he discharged a firearm, you should find George Zimmerman guilty of Second Degree Murder with discharge of a firearm.
If you find that George Zimmerman committed Second Degree Murder and you also find beyond a reasonable doubt that during the commission of the crime, he actually possessed a firearm, you should find George Zimmerman guilty of Second Degree Murder with actual possession of a firearm.
I purposely left out description of firearms. From my understanding this clause could add up as much as 25years onto GZ’s sentence. I’m not sure if it’s necessary to give him 25 more years to his sentence if he’s found guilty of Second Degree Murder. In my opinion, taking a way GZ’s right to carry a firearm, concealed or otherwise is a punishment within itself.
To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:
1. Trayvon Martin is dead.
2. George Zimmerman intentionally committed an act or acts that caused the death of Trayvon Martin.
In my opinion, the State definitely proved Manslaughter and if he’s found guilty of Manslaughter, the Jury should add the Firearm clause.
Well, that’s my verdict.
Please feel free to leave your interpretation of Instructions or comment on this thread.
PS: And if all else fails..Wrongful death law suits will be coming his way…