Manslaughter count added to Zimmerman charges

[kpete]

Source: USA Today

SANFORD, Fla.-- The judge in the Trayvon Martin murder case agreed Thursday to instruct jurors to consider the lesser charge of manslaughter when they begin deliberations.

George Zimmerman had been charged only with second-degree murder.

Zimmerman's attorneys had objected to adding any lesser charges, and Judge Debra Nelson held a hearing on the issue. The jury still has the option of convicting Zimmerman, 29, of the second-degree murder charge that prosecutors sought when the trial began.

The last-minute maneuvering has been seen by some legal experts as an indication that prosecutors were not confident about their chances for a second-degree murder conviction. Zimmerman, a neighborhood watch volunteer, has been portrayed by prosecutors as a wanna-be cop who shot Trayvon, who is black, after a confrontation in a gated residential community in February 2012.

Read more: http://www.usatoday.com/story/news/nation/2013/07/11/trayvon-martin-charges-george-zimmerman/2508039/

[HeroInAHalfShell]

1. well this should help the prosecution.

[onehandle]

2. Is there a Zimmerman in your neighborhood? nt

[Baitball Blogger]

10. All of his old uncles live in my neighborhood.

Figuratively speaking.

Hey, he had to learn that behavior from someone.

[lonestarnot]

3. Dealt an ace!

[Renew Deal]

4. "Prosecutor Rich Mantei said they decided to not pursue the lesser charge of aggravated assault."

http://www.hlntv.com/article/2013/07/11/george-zimmerman-trial-more-charges-possible

[GeorgeGist]

5. The outcome has been known ...

by the PTB for some time now. IMO

[mainstreetonce]

7. They are pursuing aggravated-assault

based on child abuse

Skeletor is angry.

[reusrename]

40. He deserves to be in prison for child abuse.

The judge wasn't buying it though.

[Kablooie]

6. I read that professional legal opinions expect Zimmerman to go free.

The evidence didn't rise to the "beyond a reasonable doubt standard" because there were no witnesses to directly dispute Zimmerman's story.
What he did may have been wrong and immoral but that's not what the law is judging.

[AtheistCrusader]

8. Exactly. This gives me some hope he will serve at least some time for his actions.

[Mass]

9. The same expert opinions expected that ACA would be overthrown and that DOMA would be upheld.

They also expected that Casey Anthony would end her life in jail.

So, I do not take much stock in their expert opinion.

I am however happy that the prosecution added a new charge. It is important to send a message that what happened is not acceptable. You cannot start a fight and kill the person you attacked because you felt overpowered, which seems to be Zimmerman's excuse at this point.

[Kablooie]

17. And as it happens, Juries are not made up of legal experts.

Which can result jury decisions that don't make any sense by strict legal logic.

I was on a jury recently and we unanimously agreed the defendant deserved penalties.
We checked the item that seemed to state that.
We found out after the trial was over that the legal meaning was exactly opposite of what we thought so we had actually voted NOT to assign penalties.

Our legal system is pretty screwy.

[DinahMoeHum]

11. I just don't want Zimmerman anywhere outside a prison for AT LEAST 10 years.

'cause AFAIC, if and once he does show a hair of his dick anywhere outside of custody, he's a dead man walking.

[johnfunk]

12. George "Dumber Paul Blart" Zimmerman deserves several years in the slammer

That is all.

[obama2terms]

14. I'm sure

He can get at least 6 years for manslaughter although it may be different in Florida. I see a wrongful death suit in his future as well. Manslaughter he will most likely be found guilty of because no one can change the fact he killed someone! Although you never know as my mom always says "It's Florida"! so who knows

[Jenoch]

26. Manslaughter with a gun in Florida

has sentencing guidelines of 25 to life.

[Voice for Peace]

31. 25 is mandatory minimum, I think

[Jenoch]

35. And I recently read that it can be 'up to 30 years' for manslaughter with a gun in Florida.

If he is convicted, Zimmerman will do enough time that should satisfy most people.

[Voice for Peace]

36. I just looked it up and if I'm not mistaken it said mandatory 25 years to life, minimum 25

because Trayvon was a child, and killed with a gun.

Whatever the case, it's somewhere around there..
not getting off lightly.

[Jenoch]

37. It will be interesting to see what

happens with the verdict, and what happens AFTER the verdict.

[obama2terms]

42. Well that's good to know

Thanks for telling me! I'm sure any decent jury would find him guilty of manslaughter, but who knows until the verdict is reached.

[Lee-Lee]

16. I sure hope he doesn't walk

but if he does, I damm sure hope no fool goes out and attacks him.

You want to really, really set race relations back in this country? You want to reinforce all the negative stereotypes we have worked so hard to overcome?

Riots and vigilante justice will do just that.

[lunatica]

22. In that case then Zimmerman set race relations back a almost a century

He's the fucking fool. Riots after what he did won't set race relations back. Zimmerman murdering a teenager because he was black sure as hell has.

[Lee-Lee]

23. I don't disagree

But two wrongs don't make a right

[NickB79]

13. They should have gone with manslaughter charges from the beginning

It has a lower burden of proof than the 2nd degree murder charge they originally went with, but virtually the same level of punishment.

Now they're scrambling a bit to find a way to salvage the case.

[Lee-Lee]

15. I agree

They just didn't have enough to go for M2.

[JDPriestly]

20. My opinion. And he should have plea bargained a lighter sentence.

Second degree murder is very hard to prove although he did it. But our justice system rightfully gives the defendant the benefit of the doubt, and therefore, manslaughter is, in my opinion, what should be the verdict.

Zimmerman had a gun. Trayvon Martin did not. If you carry a gun, shoot it and harm an innocent person, you take a risk. The price for that risk should be a prison sentence.

In states in which people have the right to carry a weapon, there has to be some penalty that balances the life of a person who does not carry (including children like Trayvon Martin) and is innocent with the life of the person who does carry.

Otherwise states with open-carry laws will have an epidemic of killings in "self=defense." It is just too easy to do what Zimmerman has done.

But we shall see. You never know what a jury will decide.

[Jenoch]

27. If they had offered aggravated assault with a sentence of 5 years,

Zimmerman may have taken it. I don't believe a plea bargain was offered.

[Demoiselle]

29. What you said, JD...

"In states in which people have the right to carry a weapon, there has to be some penalty that balances the life of a person who does not carry (including children like Trayvon Martin) and is innocent with the life of the person who does carry. "

[dickthegrouch]

18. Does that give prosecutors another attempt at presenting evidence?

I sure hope so.
They rested their case awfully quickly. Now that there's a new charge I think they should be presenting new evidence.

[SunSeeker]

19. No, they just get their closing argument.

Last edited Thu Jul 11, 2013, 07:12 PM - Edit history (1)

The evidence is the evidence. Now it is up to the prosecutor to explain how the evidence supports the various charges. But I still think this puts the prosecution in a way better position to get a conviction on SOMETHING, i.e. get some jail time for this miscreant. That is why the defense is so pissed about this development.

[DallasNE]

25. The Other Day When I Presumed There Were 3 Possible Outcomes

I speculated the odds were roughly 25-50-25, meaning 25% acquittal, 50% manslaughter and 25% 2nd degree murder. Today I would shift that slightly to 25-60-15. Has anyone seen the Las Vegas odd on the verdict?

[Jenoch]

28. If I were using your percentages, I'd guess 25% - 15% - 60%

[marshall]

39. What new evidence?

They presented all they had. If there was more, they would have brought it out.

[dickthegrouch]

41. Judging by the many ways in which people here think the Prosecution failed

I was suggesting that they might get another crack at asking the right questions to put Z behind bars for good.
One never quite knows what evidence might transpire when the crucial question is asked or an unscripted answer is given. Getting as much information in front of the jury as possible is paramount.

[Sunlei]

21. they add manslaughter along with 2nd. degree charge in a lot of road rage murders aswell.

Z could have been in a rage. He sure seemed pissed off as he was looking for the kid.

Soon as the kid got off him & screamed for help..Z shot him.

[DallasNE]

24. I Was Surprised To Hear

That manslaughter was not already a possible charge.

Finally, a good day for the prosecution. One of the items I have previously screamed about was that while each of the events the defense claimed happened could only happen sequentially and not in conjunction with one another. The prosecutors closing that asked how many hands did Martin have to be doing all of these things at the same time. Finally, they addressed the physical impossibility of Zimmerman's story.

Not addressed was the demo yesterday by O'Mara showing Martin on top slamming his upper body down on a hard surface. Two points, if Martin was grabbing Zimmerman's collar bone in order to do this the natural defense would be to grab the attacker by the wrists and tear the arms away, quickly ending the ploy. Two, just stiffen the back to prevent the lifting to even happen -- plus the person on the bottom could simply lift their head so the grappling going on would only involve pushing the shoulders to the ground and not the head. It was a huge mistake that the prosecution did not point these things out. Yes, the prosecution did point out that Zimmerman's claim did not include fighting back and how realistic that was but that was really lame.

[geomon666]

30. He's going to walk and the shit's going to hit the fan here.

Be prepared for it people.

[hrmjustin]

33. You think Zimmerman is innocent?

[Kennah]

38. I found this interesting in looking at the manslaughter statute.

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Manslaughter under FS 782.07(1) is a second degree felony, but under FS 782.07(3) it's a first degree felony.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.07.html