The bottom line to this case is that all people have the right to not be pursued by another citizen. It is not really in dispute that Zimmerman did that.
I think it is. And certainly would be in a court of law.
It can easily be shown, by just the evidence we know of, that Zimmerman was not 'following' anyone,
if the Girlfriends testimony is not factored in. Just the operators call.
Making assumptions alert below!!!
Zimmerman saw a person that he did not recognize in his crime prone community out walking in the rain and so called in a suspicious person report. Something that was his 'quasi' duty because he was the volunteer neighborhood watch.
While he was on the phone with the non emergency operator, remember, he didnt even call 911, so he wasnt sure if an actual 'emergency' was taking place, he was just calling in someone he did not recognize.
The person ran. After being asked by the operator what direction the person was running, he got out of his car to see where the person ran. He was not 'following' anyone, he thought he was proceeding at a safe distance. At some point, Zimmerman lost sight of the person that ran. He got off the phone with the non emergency operator, and was proceeding back to his car, when he was attacked.
^^That is basically Zimmerman's story from what we can gather by the operators call and the city managers report. And him and his attorneys would be arguing in court that is not 'following' anyone. It is being vigilant of people that you do not recognize in a crime prone community, and then trying to see which way the person ran, simply to answer the operators question. That is really all we know of what his story would be based on the call that is recorded. But you can bet it would be argued as such in court.
and since he said he was attacked, not that he stopped to question Martin. The rest of his story would be something like this.
Once he was attacked, he was quickly taken to the ground, and was screaming for help while Martin was on top of him, had his nose busted and was bleeding.
*stop*
We dont know all of that for fact. But I would be willing to bet that is his story. And it is partially corroborated by eye witness testimony.
Then, the question is... why did he fear for his life. Well, based on his friends words that Zimmerman thought it was either him or Martin. We can guess that the rest of his story will be something like.
While he was on the ground yelling for help, there was a point when his weapon became exposed, and a struggle commenced, and zimmerman shot martin once in the chest, fearing that it was either him or Martin.
Yes. I am making some assumptions here. But I would be willing to bet that it is very close to what Zimmerman's story is, and how it would be argued in court. And I would also be willing to bet that the investigation had some physical and eye witness testimony that backed up at least parts of those claims, as well as the non operator call. And since the GF's account was not known when the investigation was turned over to the DA, the DA would have to decide if there is enough evidence to press charges. And based on this assumed pieced together story that I am guessing closely resembles Zimmerman's actual account, and without anything further, there is no justification to charge Zimmerman with anything.
Getting out of ones car to see where someone ran off to is not.....following, from the standpoint of Zimmerman. He certainly didnt feel like he was stalking anyone. Maybe Martin felt he was though. We dont know. But SYG does not allow Martin to attack Zimmerman at this point. He would have to believe he was either in fear for his life. If he was already out of Zimmerman's sight(which we know based on the recorded call, than Martin could not claim he was in fear for his life. If(and that is a big if) he doubled back and attacked Zimmerman, than Martin is the aggressor. Just like those are saying Zimmerman had no right under SYG if he was 'following' Martin, than Martin had no SYG right if he doubled back and ran towards Zimmerman. Again, we do not know anything that happened in those moments. This is ALL conjecture.
But I would be willing to put money on the story I pieced together above as being a close approximation of Zimmerman's story. Is it true? IDK. But if that story is backed up by other evidence and eye witness testimony, in whole or in part, than the DA would be justified in not charging Zimmerman with something. They need actual evidence that he committed a crime. They investigated it and found none. They can not fabricate evidence that says this is not true. They need real evidence to determine that Zimmerman was guilty of a crime. And I am sure they looked at a number of things that we have no idea of. If there was anything that caste doubt on Zimmerman's story, than the DA would have probable cause. We have no idea what evidence corroborates that story. It might ALL corroborate that story. But I am willing to bet that if there was any doubt, even a small bit of evidence to caste doubt on the story, Zimmerman would have been charged. But if the DA had nothing, what are they going to use to argue in court? That Zimmerman lied? Get up there and say, this will be the defendants story, blah blah blah. But, I am here to tell you that he lied. I have no evidence to back up my claim that he lied, but trust me...he did. That is not how our court system works.
The other argument would be that...by him stepping out of his car he removed his right to self-defense. Now, that is a losing case imo. And if that is all the DA had, he could maybe argue that case, but it would be an argument on Constitutional law. Not even State Law at that point. This case would have easily gone all the way up to the US Supreme Court if all the DA had was Zimmerman getting out of his car and running to see where another person ran off to.
Now. throw in the GF's account, after the investigation was already complete, and the family was told no charges would be filed....well, then now there is maybe something to use in court to argue that Zimmerman lied. But if that is all the evidence the DA has now, and other evidence that we know nothing about still corroborates Zimmerman's story.....well, I dont know what to tell you.
Heck. They may have Martins fingerprint on Zimmerman's gun for all we know, indicating an actual struggle for the gun took place. We really know very little about what actual evidence the DA had to determine if Zimmerman was lying, or telling the truth. There just might be a whole lot more than what we know. Maybe there isnt anything else though. If there isnt, this will come down to Zimmerman's word vs Martin's GF account. Now, you tell me how he could ever get a fair and impartial trial now, if that is all it boils down to, when Martin's Family's Lawyers have done a fine job vilifying him in the press?
Yeah. Whatever happened that day was a tragedy. I will 100% admit that. And there were mistakes possibly made all around. But Zimmerman has rights too. There are always more than one side to every story. And the only story the press has been telling for a long time is Martins. Maybe, it is time to look at this from how it would be argued in court. If the DA has nothing, besides the GF's telephone call, and the fact that Martin got out of his car to see where Martin ran off to? Its not much to hang a 2nd degree murder charge on someone. Not in our criminal justice system. In Florida, or in alot of states in this country.
Now, lets examine my motivations for seeing it this way.
Would the fallout that could happen from this case....effect gun rights and laws in this country? You betcha. If the story I told above is actually what happened, could I see gun laws change because of this case? Very possibly. And I wouldnt like that at all. So now, I ask you, why would I be telling Zimmerman's side of the story, when if it is true, it could actually adversely affect laws I care a lot about? Wouldnt it be easier for me to say....Zimmerman was a lone nut case! Zimmerman was a racist! Zimmerman racially profiled the kid! Zimmerman was wrong SOMEHOW! I wish I could believe any of those things, but legally....I just dont see it. From a
legal standpoint with the way the current laws are written in Florida, getting out of ones car and running to see where someone ran...does not remove ones right to self-defense. That is the real bottom line.
What actually really happened that day? Who knows anymore.