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Would Trayvon’s Death be Justified Here? MI’s 'Castle Doctrine' and Self-defense Compare to Florida’s 'Stand Your Ground' Laws

It now appears a Grand Jury will convene April 10 to consider murder charges against a Florida man who shot and killed Trayvon Martin three weeks ago.

Police say George Zimmerman, who is Hispanic, while acting as a neighborhood “watch captain,” had a 9 mm handgun and followed Martin, a black teenager, past several houses in the neighborhood; Martin was holding a plastic bag and told his girlfriend on his cell phone “some guy’s after me.”  Zimmerman shot Martin once in the chest as they reportedly fought on the ground.

Zimmerman claimed the homicide was justified under Florida’s so-called “Stand Your Ground” law. Florida’s law, like Michigan, takes the issue of “self-defense” several steps further than many states, by allowing deadly force “anywhere (you) have a lawful right be,” not just in homes or vehicles.

Could this happen in Michigan? What’s the current state of the law here regarding self-defense, and when can you use deadly force in defending yourself, your home, and others? 

Castle doctrine:  Generally, in Michigan, the “castle doctrine” (derived from the phrase “Your home is your castle”) provides that someone attacked in his home can use reasonable force, which can include deadly force, to protect his or another's life without any duty to retreat from the attacker. 

However in recent years about 15 states, including Michigan, have adopted laws expanding and enlarging the circumstances where a person can use self-defense without retreating and containing provisions such as civil immunity.

In 2006, Michigan enacted the Self Defense Act, which allows an individual to use deadly force anywhere she has a legal right to be, with no duty to retreat. The new law changed the old “duty to retreat before using deadly force” rule, unless a person is inside his home.

The ability to defend oneself against physical attack is a fundamental right recognized by Article 1, Section 6 of the Michigan Constitution. This right is not absolute, however; the key test for determining when the use of deadly force is justified is whether a person "honestly and reasonably" believed he was in danger of imminent death or serious bodily harm. Nevertheless, deadly force is not permissible without a showing that the defendant had done "all which is reasonably in his power to avoid the necessity of extreme resistance."

There are three major exceptions to this rule:

  • when one is suddenly, fiercely, and violently attacked;
  • when one believes the attacker is about to use a deadly weapon; and
  • when a person is assaulted in her own dwelling.

The Self Defense Act: The 2006 Self-Defense Act (MCL 780.971) is similar to Florida’s laws; a person is allowed to use deadly force, without the duty to retreat from any place she has the legal right to be if she honestly and reasonably believes that death, great bodily harm or sexual assault to herself or others may be imminent.  In addition, MCL 768.21c was enacted to expand the castle doctrine to include not only a porch or garage, but fenced-in grounds and buildings immediately surrounding a house or dwelling.

Thus, Michigan citizens acting in self-defense now have substantial immunity from both criminal and civil liability under the new laws. When using defensive force against someone, a person is now automatically presumed to have held a reasonable fear of imminent peril of death, great bodily harm or sexual assault, as long as both the following apply:

(a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will; and

(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described above.

This legal presumption must be overcome by the prosecutor, who is required to present evidence at each stage of the criminal proceedings, to rebut the presumption that the individual did not act within the constraints of the Self-Defense Act.

There are, however, exceptions to the presumption cited above. These include the following:

  • The person against whom force is used has a legal right to be present in the dwelling or vehicle (such as an owner, lessee or titleholder);
  • the person being removed is a child or grandchild or in lawful custody of the person against whom the defensive force was used;
  • the person against whom defensive force is used is a police officer engaged in performing official duties; or
  • the person using defensive force was engaged in an unlawful activity or using the dwelling or vehicle to further an unlawful activity.

If none of these exceptions apply, then the person is essentially immune from criminal prosecution.

Conclusion: Michigan’s laws of “Self-Defense” are somewhat similar to Florida’s “Stand Your Ground” laws that are the subject of the recent Trayvon Martin shooting. Each case must be individually analyzed for justifying a homicide, however; even though Michigan has done away with the “duty to retreat” rule, a shooter who “followed, chased or went after” – as some reports suggest Zimmerman did in Florida – will be regarded as highly suspicious, and not likely a valid case of self-defense.

(Richard G. Marcil www.MarcilAttorney.com 586-412-0444 is an attorney in Clinton Township practicing in criminal defense, divorce and family law, civil rights, and personal injury cases, as well as juvenile, probate, real estate and business litigation.)

Dave

7:42 pm on Sunday, March 25, 2012

So are these laws supposed to be used for immunity from prosecution or as a defense to it? What part of the law says the police are to decide whether the law even applies.

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Richard G. Marcil

12:44 pm on Monday, March 26, 2012

Dave: Actually, all three - they are used as immunity from civil lawsuits for wrongful death; they are also used as a defense against criminal charges; and finally, the facts of the case are initially looked at by the Police, who are allowed to use their discretion to decide whether to even forward the matter to the Prosecutor for a decision on whether a crime was committed. (Any time a death is involved, however, police ought to err on the side of forwarding the results of their investigation to the Prosecutors Office!)

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Dave

2:15 pm on Monday, March 26, 2012

Thanks for answering that for me. I can understand the immunity from civil lawsuits, and defense against criminal charges, but the discretion on the part of the police is what really smells wrong here. What training do the officers have which makes them experts on the law where they are even capable of deciding which defense a suspect will use in court? My issue is with the lack of due process afforded to the victim when they take it upon themselves to refuse to report one side in favor of another. That's what got those officers down in florida in trouble isn't it? That they wouldn't pursue charges made by Trayvon's family based on their beleif that it was self defense. I still don't know who decided it was self defense... did Zimmerman claim it was? This story about trayvon's killing and all these accusations of racism would of never made national news had they simply taken a report from the family and forwarded it on to the prosecutor. Let the prosecutor make the decision whether or not there was enough evidence to file charges. From what i've read and seen on the news that's not what they did.

Seymour Concerned

9:21 am on Monday, March 26, 2012

A 250-pound, gun toting Latino chased a skinny 17-year old through a neighborhood and then, after catching up to the kid, decided it was necessary to use deadly force when the kid, afraid he was going to be shot, put up a fight to save his life. Murder, plain and simple.

I can't believe in America a teenager cornered by a gunman is at fault for putting up a fight to save his own life. Totally, completely, utterly insane.

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DJG

3:37 pm on Friday, March 30, 2012

Actually...what is insane is the koolaid you're drinking thinking this was some 250 man running down a "skinny" little kid. They are withing 20 - 30 lbs of each other and within a few inches of height. This isn't David and Goliath....

jamie

9:40 am on Monday, March 26, 2012

Unbelievable that even now, after all the attention this has gotten, with all the new information that has come out, that Zimmerman has not been arrested. I wonder if this were an African American man who gunned down an unarmed white kid if the shooter would still be walking free. And if I haven't ruffled enough feathers, I'll add this...When in this country are we going to stand up for the rights of innocent children OVER the right to bear arms?

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DJG

3:39 pm on Friday, March 30, 2012

Show me a gun that killed someone and I'll show you the person who used it.
More gun laws takes the guns out of law abiding citizens and keeps them in the hands of criminals... Do some fact research before you talk about gun laws.

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Jordan Genso

5:07 pm on Friday, March 30, 2012

DJG-

I'm curious if you hold that same rationale when it comes to stricter voting requirements? That if you require photo identification that some voters do not have, you take away law-abiding citizens' right to vote, whereas those trying to commit voter fraud (criminals) will simply have to get a fake ID to still commit their crime. Which do you think is more difficult for a criminal to obtain- an illegal firearm, or a fake ID?

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Seymour Concerned

9:40 am on Sunday, April 1, 2012

DJG-- I can not personally show you a gun that has killed someone, but I'm sure the Detroit Police Department can. And I'm sure they could really use your help in identifying the persons who used said guns to shoot and kill people.

DJG you should put on a cape and volunteer your services.

Jordan Genso

12:18 pm on Monday, March 26, 2012

In Florida, what if the shooter is the one responsible for putting themself into the situation they then felt was dangerous? Like if an individual instigates a fight with someone at a bar, and then decides to shoot the person because the fight was about to begin. Sure, they were in danger, but they willfully put themselves in that danger. Is there any rational person out there who would feel that individual was justified in shooting?

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Richard G. Marcil

12:39 pm on Monday, March 26, 2012

These are such great comments and questions I feel compelled to try to answer some. J. Genso: You point out a real key issue, namely to what degree should the culpability of the person who, although he was in a "lawful place" at the time he used deadly force, nevertheless was himself partly responsible for creating the situation leading to the need for deadly force to begin with, i.e. what about the situation in which that person is initially the aggressor? The law says the person cannot be acting "unlawfully" or engaged in an illegal act himself at the time, but determining this can be very tricky. Apparently police assumed by Zimmerman's bruises and grass stains, that he was attacked. But he might have provoked such an attack to begin with; and regardless, his use of deadly force (a gun) is arguably too extreme of a response.

Dave

2:23 pm on Monday, March 26, 2012

Well it will come out i'm sure that this law isn't applicable to this case. Stand your ground means just that.. not go follow and shoot. Zimmerman provoked the incident, and he did so after being advised by the dispatcher not to follow trayvon. He wasn't standing any ground.. he took it upon himself to be an aggressor. And he had no reason, no probable cause, and no authority to detain Trayvon to begin with.

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Dave

9:18 pm on Sunday, April 1, 2012

Next question for you is why didn't the prosecutor take this to the judge and ask him to interpet the statute as to it's meaning? If the trial judge has the discretion to define ambigous statutes and the author of the bill says he never intended it to be used in this circumstance. Wouldn't that be ambiguous enough for the judge to interpret what the legislators meant when it was written. Should be simple enough for him to just say whether GZ can use that as a defense or not. From the looks of it there is are many differences of opinon between the DA and Police and the Legislator who wrote it...not to mention public opinion. I would think that alone would warrant a hearing. It's not like he's taking away GZ rights or anything.. just let him know if it is a valid defense against a manslaughter charge. Then if it is or isn't let him prove it in court. The Judge is going to make the final decision eventually anyways. I would think it should of been before they decided they didn't have enough evidence. Just bothers me that the Martin family is being denied their constitutional rights to accuse their son's murder in court. I see this whole process messed up. From the police to the prosecutor to the special prosecutor to the Judge. Why couldn't the police just of asked the Judge too... I don't know bout you but i think this could of all been avoided had they just held a prelimary hearing to see if there was enough evidence before releasing George.

Ed Lambert

4:37 pm on Monday, March 26, 2012

Something is a bit odd about this case. Trayvon died a month ago. Why are the activists just now getting into gear regarding it? There's more than a little reason to suggest that the ongoing campaigning of the presidential incumbent has something to do with it. Take note of the big names now "running their gobs" over the matter, including Al Twana Brawley Sharpton. (Talk about a coverup; there's one to begin with.)

Indeed, the investigation should have been covered with vigor from the beginning. Perhaps the Florida law needs revision. Al and Jesse have no moral standing whatever and should not now have entered the picture.

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Dave

5:50 pm on Monday, March 26, 2012

Don't blame the law for it's misuse.. it's still a good law. Just not applicable in this case. Now the question is who decided it was? That at least should of been left up to a prosecutor to decide whether to have an arrainment or not. Trayvon's family was only asking that it be investigated and the police refused based on their beliefs. Now we got a whole nother set of issues. Why? Was it an abuse of their descretion or just another bad law. If you want to blame laws as bad you'd be better off picking the one the officers used. I don't beleive it should of been their decision to let Zimmerman slide on this. Maybe i'm wrong.. but i don't beleive police should be deciding guilt or innocence without at least questioning some people about it.

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Herb Helzer

5:54 pm on Monday, March 26, 2012

This has been national news for more than two weeks. It escalated to where even YOU heard about it after more time passed where the police and prosecutors in Florida continue to neither arrest arrest George Zimmerman nor press charges against him.

Every day as a result, the outrage has grown...and yes, more "activists" are "geting into gear" precisely BECAUSE it looks more and more like justice will only be served once suffciient national outrage is expressed.

Among all those people, are there some opportunists? Probably. Just as there's been a small group of commentators and bloggers -- presumably the ones you read and/or listen to -- who want to defend Zimmerman, defame Trayvon Martin and are perfectly happy with the status quo.

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Sammy V.

6:33 pm on Monday, March 26, 2012

Ed--shouldn't you be out raising money for the Save Janice Daniels recall campaign? It doesn't surprise me that a Tea Bagger like you just caught wind of this injustice. Rush Limbaugh most not have covered the story.

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Michael Johnson

10:12 am on Tuesday, March 27, 2012

Because it was left to slide by the irresponsible police force that also left the murderer free, with his gun.

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DJG

3:41 pm on Friday, March 30, 2012

@Michael Johnson.... He did NOT leave the station with his gun. It was held onto and tagged as evidence by the police. This was an obvious death by gunshot case. In what country would you live in where the police called to the scene would NOT take the weapon into evidence? C'mon....

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dan rice

11:26 pm on Friday, March 30, 2012

What does the presidential campaign have to do with this? Pls connect the dots for me.

Matt Guarnieri

4:54 pm on Monday, March 26, 2012

I do believe there was an altercation but that the one carrying the gun caused the altercation and should be held accountable. You can't carry a gun, confront someone and then shoot them in self defense once the other party starts to fight back.
Although if a police officer confronted someone they thought was involved in criminal behavior and that suspect started to fight and tried to grab an officer’s gun the shooting of the unarmed suspect would not even be questioned by authorities.
Police fall under civilian command and are to be of service to the citizens which is supposed to mean they can not harass or confront the innocent without consequence. Not all officers or citizens adhere to this basic rule of law enforcement.

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Dave

5:55 pm on Monday, March 26, 2012

But Zimmerman wasn't a police officer nor their proxy.. he had no authority to detain Trayvon or accost him. So whether he was a neighborhood watch captain or not he had no right to claim he beleived trayvon was involved with anything.

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jholeton jr

8:54 am on Sunday, April 1, 2012

I cant believe that you think this Mr. Guarnieri. This law was written in defense of car jackings. Everyday, individuals with a CPL go to work, out to lunch or shopping. What happens if they get carjacked by a armed individual at this time? By your logic, they have to stand there and pray to god that this individual CHOOSES not to kill them. I am proudly a lifetime member of the NRA and I helped to get these laws passed. If you dont want a person with a CPL to shoot you, then you really shouldnt try to murder them by bashing their brains into the concrete. Just following a person, does not give them that right either. This law has saved the lives of thousands of people, a few are good friends of mine. Please read articles in the NRA magazine to learn more about how these type of laws have protected law abiding citizens. If someone where on top of you, stabbing you on the street, wouldnt you want someone on the street with a CPL to stop that person from killing you? Thats in the Self Defense Act too!

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Matt Guarnieri

3:41 pm on Sunday, April 1, 2012

Mr. Holeton, my CCW does not give me the right to confront people breaking the law, it gives me the right to defend myself if someone violently confronts me. Of course I would shoot a carjacker but by law I know I am not allowed to shoot a guy stealing an unmanned vehicle that does not belong to me.

Dennis

9:22 pm on Monday, March 26, 2012

I am for the laws and rights, and also for holding people accountable when they exceed the reasonable exercise of laws. IMO, since he willfully and purposely followed and confronted someone he deemed "suspicious" (and by his description 'potentially criminal'), he stepped out of his legal bounds and against 911 advice, placing himself unnecessarily in harm's way. From the story we heard, Trayvon was NOT an immediate threat to any person or being at the time Zimmerman accosted him. Therefore I feel he should be brought up on charges akin to stalking and possible murder.

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Dave

11:00 pm on Monday, March 26, 2012

He did more than willfully and purposely follow trayvon. He took a gun which according to his own rules for the neighborhood watch group he was not supposed to carry while on patrol and he hunted him down with the intention of instigating a confrontation. That kid must of been scared to death having a man with a gun chasing after him for no reason. I know Zimmerman has his side of the story and i've heard some of what he's been telling his friends. I know he's crying now about it. But he intentionally went looking for an excuse to use his gun on someone, and he broke the law. Concealed weapons permit or not he had no right to hunt people down with his gun. Now his cop friends are taking a fall for covering up his crimes. They all need to be held accountable

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Dave

10:56 pm on Sunday, April 1, 2012

I agree.. what was wrong with the police holding him (under arrest) for 72 hours while they questioned witnesses and talked with the family, girlfriend, store owner, other neighbors etc.. and then gone to the judge together with the prosecutor and argued whichever crimes the police could of determined from that. Perhaps there was stalking, profiling, denial of due process or some other charges which might of applied in this case. Who's to say there wasn't some perjury from any of them.. how sure were the police when they questioned these people that they weren't making up a story? That to me would be lying.. that would be considered perjury.. that would be a felony to say it in a statement in court. There could be more than one person to be charged for more than one crime in this case for all we know.

Richard G. Marcil

10:48 pm on Monday, March 26, 2012

These are all interesting and well-written comments; I want to add that as of today approximately 23 states have similar "stand your ground laws" and that such laws are directly attributable to a very aggressive lobbying effort by the N.R.A. and conservative groups in 2005-2006 that led to their enactment. In hindsight these laws may be too relaxed in allowing questionable circumstances to serve as "justifiable homicide" - MI's prior laws were more stringent, and in many ways these laws possibly place too much of a "discount" on the value of human life by expanding the circumstances in which the taking of another's life can be "justified." I consider myself conservative but question how far these laws have possibly taken us in the wrong direction, all in the name of "self-defense" and the "right to bear arms." Perhaps there will be a backlash and these laws will be amended to reflect a more prudent, mainstream point of view.

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Dave

11:06 pm on Monday, March 26, 2012

I got no problem with the laws. They aren't applicable in this case. No one can kill someone on purpose and then claim self defense. The problem is how the police are allowed to decide not to take a report or do an investigation just because someone claims it's applicable. What ever happened to justice? Do the police now decide who is quilty or innocent of murder?

Kathy

9:33 am on Thursday, March 29, 2012

If anyone is interested... There are also several bills working their way through the MI legislature as we speak expanding the concealed weapons carry laws to eliminate what are now called "no carry" zones such as churches, schools, etc.

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Dave

10:26 am on Sunday, April 1, 2012

It is interesting to know that Kathy. What else do these bills say?
Cause i don't see much difference in allowing people the right to carry a legal weapon to church or school and not allowing them to carry inside of the those zones. I can see the reasoning to eliminate those restricted zones, we've all seen the stories of some crazed person or persons shooting up schools, churches, post offices and places of employment. Alot of that might of been ended quickly had someone with a concealed weapons permit been on the scene at the time. So, i can see that side of the reasoning... people should have the right to defend themselves regardless of where they are at. But, I can also see the schools, churches and whomever's desire not to have people in their buildings with a loaded gun. With these increased rights there should also be increased responsibilities. Do these bills have any provisions for that? There should also be increased scrutiny of the people who are allowed to be carrying the weapon's background and mental stability. Is there? The way this "stand your ground" law is being used, i still say it was not applicable to this case because of the fact that Mr.Z intentionally put himself into that situation where he ended up pulling the trigger. The only way it should be applied is against him... for believing he had a free pass. That's where i disagree with the law is with it's misuse. There should be more of an investigation into the incident instead of less.

DJG

3:35 pm on Friday, March 30, 2012

I think everyone calling for a guilty verdict on Zimmerman OR that Martin had it coming to him should wait until the FACTS are laid out and brought to the grand jury.

Personally...I think the family that Spike Lee mistakenly gave the address out as being that of Zimmerman should sue his arse off. What a joke. So Spike Lee is now the judge and jury?

In my opinion, if Martin punched Zimmerman and got on the ground and bounced his head off the ground, I would've shot him too.

Now...if Zimmerman put his hands on him and assaulted him, he is a guilty murderer.
I've read the papers, I've read the Internet judges and juries...and for everyone on one side of the fence screaming, there's someone on the other side screaming back just as loud.

What we don't need is politicians involved and the race baiters/Rev. Jesse and Al.
Sink 'em all to the bottom of the ocean as far as I'm concerned.

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Jordan Genso

4:49 pm on Friday, March 30, 2012

You do realize that the outrage is based on the fact that Zimmerman hasn't even been charged, right?

I too get upset when the public mingles in court cases, trying to influence the jury's decision (like that one in Florida last year with the mother charged with killing her child). But that's not what is happening here. There is no court case. There is no jury. And *that* is the issue here.

I believe in trusting our court system to determine guilt/innocence to the best of its ability. There will be times when it gets it wrong, hopefully erring on the side of letting a guilty person go free (rather than the other way around), but we have little choice but to accept the outcome.

I fully support the outcry in this situation though, exactly because the system is being prevented from making that determination.

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Jordan Genso

5:02 pm on Friday, March 30, 2012

"I think the family that Spike Lee mistakenly gave the address out as being that of Zimmerman should sue his arse off. What a joke. So Spike Lee is now the judge and jury"
That looks to me like a non sequitur. I think Spike Lee made a big mistake in retweeting the wrong address, and I think he would've been making a mistake had he tweeted the correct address. But I don't see how that would've made him "judge and jury".
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"and for everyone on one side of the fence screaming, there's someone on the other side screaming back just as loud."
Because that is the strategy of one side- to muddy the waters and pretend like each side has an equally valid position. Don't fall for the false equivalency. There are those who are willing to take horrific positions simply because they can't let go of the tribalistic mentality that says if the other "tribe" is against it, therefore they must be for it. There are times, and this is one of them, when everyone can join in the demands for a trial to determine guilt/innocence.
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"What we don't need is politicians involved and the race baiters/Rev. Jesse and Al."
We obviously do need public figures involved, since it appeared as if justice wasn't even going to have a chance to be determined had there not been a public outcry.

And how would you feel if I suggested that we sink you to the bottom of the ocean? I think that would be an abhorrent thing to say, regardless of whether or not I disagree with you or your actions.

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dan rice

11:18 pm on Friday, March 30, 2012

It says a lot about dig that he's more outraged about spike's tweet than he is about this young man's murderer and the accompanying coverup.

Why urge us to wait for the FACTS in the shooting but slightly less restraint for spike-jesse-sharpton? Just askin'

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Seymour Concerned

9:54 am on Sunday, April 1, 2012

DJG-- what you think is your right. Personally, I ignore peoples opinions if I feel strongly that their history of opinions indicates a clueless individual. For example, anyone who "thinks" Global warming is a myth, I completely dismiss those people's other opinions (no matter what the topic). Same with people who think George Bush was a "good" President who did a "good" job with Hurricane Katrina. And I have a sneaking suspicion you think Bush was a great "war time" President. And for the record, I support gun rights.

Dave

4:29 pm on Friday, March 30, 2012

I think it will be inevitable that people reading about this will be making decisions of guilt or innocence now that it is in the public eye. Also inevitable that we're not going to be privy to all of the information or evidence from both sides. I don't worry so much about it affecting the impending trial because i doubt anyone from Florida will be coming here to read this. I do agree people shouldn't be jumping to conclusions though. We don't have both sides of the story yet. My issue is with the police having discretion to not take a report without at least doing some due diligence to find all of the witnesses and evidence. It's just not fair IMO. it smacks of injustice. And when this all started that's all the family was asking for. Now it's gone out of control because they wouldn't investigate it to start with. My concern is with the "Stand your ground" law which is supposedly the reason to let him go. I don't believe the police do have any such discretion to make guilt or innocence decisions themselves. Now from what they are saying on the news.. the officer did want to press charges and the prosecutor denied it. So now my question is why he wouldn't just tell the officer he needed more evidence? Mr. Z certainly appears as if he's getting special treatment even now. And i wonder if his father being a retired judge has anything to do with it. Cause from what i can see there would of been at least probable cause for an arrest. It's just my opinion though.

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Paul M. Showalter

3:54 am on Saturday, March 31, 2012

The penalty for trespassing is not death.
The penalty for each of the various theft crimes is not death.
The penalty for being an aggressive idiot is not death.
The penalty for simple assault is not death.
The penalty for aggravated assault is not death.

Not to put too fine a point on it, there is in fact, no death penalty in Michigan. That is, not until now. By relaxing the standard for justifiable use of a firearm and ratifying it as a valid reaction to fear and apprehension, the change in the law created an "extra-legal" form of vigilante justice allowing for private rather that governmental sanctioned executions. I thought the old law for "justifiable homicide" was just fine without lowering the standard and moving into the gray area of questionable motivation.

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jholeton jr

8:41 am on Saturday, March 31, 2012

There is evidence and eye witness accounts that corraberate Mr. Zimmermans story. I agree that it was a mistake to chase this young man. But, there is a eyewitness that says he lost him and was then seen walking back to his car. The young man THEN confronted him AT HIS VEHICLE (with his back turned) for following him and then a physical confrontation occured. This fact, is what is stopping the Prosecutors from initiating charges. There is also another eyewitness which says they saw the young man on top of Mr. Zimmerman. While he is on top, he has a hold of Mr. Zimmermans head and is bashing it against the sidewalk. When you "bash" someones head against the sidewalk you are trying to kill them. At this point, (eyewitness testimony) Mr. Zimmerman HAS NOT drawn his weapon yet and is BEGINNING TO FEAR FOR HIS LIFE. This fact is ANOTHER reason the Prosecutors might not charge Mr. Zimmerman. Therefore, you have a eyewitness which produces enough evidence to NOT satisfy the legislative intent of the laws which apply to this case. Mr. Zimmerman will not be charged with this crime unless he is charged with a Federal Hate Crime. Then, they will probably manufacture a conviction.

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Dave

10:05 am on Saturday, March 31, 2012

Good point JH. There may be witness accounts which corraberate Mr Z's story. But you brought it up yourself that he did chase this young man. Now where does the self defense argument come in when he instigated the confrontation? Trayvon would of had the same self defense argument had he prevailed in the fight. He could of also said he was in fear of his life because he was chased by a man with a gun who was not in uniform nor did he identify himself in any way as someone who merely wanted to ask a few questions.
I would think both sides of the story should of been presented to the prosecutor before they decided to drop the charges against Mr. Z. I don't know if you're correct with your recounting of these witness testimonies either. The video of Mr Z going into the police station shows that his injuries are not consistent with having his head bashed into the sidewalk. His face did not appear to show signs of being hit repeatedly, nor show any signs of swelling that one would of had from a broken nose 4 hours after it had been broken.
Granted it was in the prosecutor's court.. it's now their decision whether to pursue the charges or not, and it was their discretion not to. But again i ask, where is the due diligence to gather all of the evidence? Is it their right to drop charges without at least looking at both sides of the story? Just wondering is all.. it still looks like Mr. Z received special treatment, and it's possibly because of his father or friends.

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jholeton jr

11:17 am on Saturday, March 31, 2012

Mr. Zimmerman made the mistake of chasing this young man, this is true. But how many shopping mall security guards have done the same thing in michigan,today? Are they or are they not sworn officers? Also, there is testimony by the paramedics at the scene of the crime stating that Mr. Zimmerman was "treated" for injuries to his face/nose and back of head. Due to this fact, there may NOT be blood on his face or back of head as he is getting out of the squad car at the police station. Another thing that you must take into account is the "graininess" of the camera footage. Wouldnt you expect a police camera to be of better quality?
From the evidence & eye witness testimony that I have studied, Mr. Zimmerman had never revealed that he had a weapon until the young man was on top of him, bashing his head into the concrete (alledgedly). In Michigan & Florida, the legislation is specific: If you feel that your life is in danger, you may use lethal force if you have the "legal right" to be on the property. When the crime occured, Mr. Zimmerman was on a public street with his "back turned" to Mr. Martin. He was not in a aggressive stance at this point and was re-treating to his vehicle.This fact negates the assumption that Mr. Zimmerman had the INTENTION of harming Mr. Martin. This young man CHOSE to have a confrontation with Mr. Zimmerman because he felt that he had a "problem" with him.The Self Defense Act was written for when some maniac is bashing your brains into the concrete.

dan rice

10:17 am on Saturday, March 31, 2012

Manufacture a conviction or obtain one rightfully via the process? The shooters evidence is already falling apart as it hits the light of day.

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Dave

10:50 am on Saturday, March 31, 2012

What exactly do you mean by manufacture a conviction? Are you implying that they are now trying to fabricate evidence in order to convict Mr Z on some charges? Or is it simply that now thru the passage of time more evidence has come out to dispute his story? Manufacture makes it sound as if it's some sort of witch hunt, or lynch mob who would be disregarding the evidence. Sorta like my complaint that they didn't investigate it to the fullest extent they could of because "they" had already decided Mr. Z shouldn't go to jail for this. A decision i believe which was made in haste. And it's the speed in which they came to that conclusion that bothers me.

I agree, it looks as if his case for self defense is really falling apart now. And it's a shame that he's now been pretty much convicted in the court of public opinion without having a chance to present his defense and all of his evidence in a court of law. If i were on the jury i don't know for sure that i would of found him guilty of homicide.. but there may of been a lesser charge that he would be guilty of. One thing i know for sure is that the Martin boy didn't receive fair treatment by the authorities. The original investigation, or lack thereof was a joke.

jholeton jr

11:31 am on Saturday, March 31, 2012

What I mean by "manufacture" is to convict Mr. Zimmerman through the media and newspapers. There is absolutely no way that he can get a fair trial now. The Federal and State Law Enforcement Agencies have ALLOWED political groups to put a bounty on his capture and his LIFE. This man will never be allowed to walk freely in this country, his life has been ruined. All he did is try protect his community from someone he believed was a going to commit a crime. If you saw someone acting suspicious in front of your house, wouldnt you watch him closely to see what he is up to?

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Dave

11:51 am on Saturday, March 31, 2012

Ok.. then by that definition i agree. He's not going to have an easy time finding a jury that hasn't already heard this case in the court of public opinion. Not that it would be impossible to find a jury, but that it'd be harder. They do have ways of changing the location to another court in another area in cases like this though. But, as we all know the story has gone national.

I agree that they should not let anyone put a bounty on anyone's head too, and they should be pursuing criminal charges against the new black panthers for doing it.
As for his life being ruined.. i'm not so sure. Things have a way of being forgotten almost the minute the media attention goes away. Maybe in that town it is, but he can move elsewhere. And from the attention he's gotten so far, i'd say if he isn't found guilty he'll probably get a pretty good book deal from someone to tell his story. And from what i've seen and heard on tv, he appears to be someone who likes attention. Not this kind.. but he'd be out there pushing his book and he'd be loving all the attention then.

Now, if i saw someone "acting" suspicious i would of done just what he did. I'd of called 911. I would of gotten as good a description of the person and what it was i thought was suspicious as i could for the police. I may of even followed him. But i wouldn't of continued once advised not to and i wouldn't of taken it upon myself to detain the person. I'd of done what you said..watch him closely.

dan rice

12:25 pm on Saturday, March 31, 2012

Zimmerman placed HIMSELF into his current situation. At least he will have a chance to defend himself. More of a chance than the DEAD young man was given.

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Dave

12:39 pm on Saturday, March 31, 2012

@jholeton jr.

He did make a mistake chasing after the kid. A very big mistake! Now was that mistake of being unlawfully somewhere? That's key to this defense as i see it. Where the law states it "allows an individual to use deadly force anywhere she has a legal right to be" He was not a security guard.. in fact he was fired from being one because of issues related to his temper problems. He was not even a sanctioned neighborhood watch group. So, what legal right did he have to chase after the kid? He had no sort of authority whatsoever, no training on how to apprehend a suspect, and he was advised to discontinue the pursuit..

The testimony by the paramedics at the scene simply shows that there were injuries.. so far i haven't seen the report as to the severity. And when did it come out that the paramedics even showed up, before or after the charges were dropped? That's not what the police were saying at the beginning of this.. i heard they cleaned him up. The graininess depends on which video you saw.. there are several and the one i saw was pretty clear. Not that it would matter if blood wasn't on his clothing because he may have changed those.
The rest of your last post i'll leave alone cause then we're conflicting on what witnesses did or didn't say. I don't know for a fact what any witness said.
Where we really disagree is whether the law was written for this situation.. the author of the bill says no.. he never intended it to be used like this.

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dan rice

12:43 pm on Saturday, March 31, 2012

And your "all he did....." recap is missing a few key details. He did a lot more than that. I don't question that Zimmerman thought the young man suspicious; the problem is why he thought that. Also hes not the only culpable party in this; the investigation also demands scrutiny.

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Dave

1:11 pm on Saturday, March 31, 2012

That would of been one of my questions as well Dan.. what was it that made Trayvon look suspicious?

Was he walking funny? Looking thru windows? Stopping and going? Wearing a Hoodie? or was he Black? I'm not saying what Mr Z thought was suspicious.. just wondering what it was that made him call 911. Granted they had break ins in the neighborhood and were on the lookout for suspects... but what made it so clear to Mr. Z that Trayvon was the person doing the break ins? He wasn't carrying anything other than the skittles and ice tea.

dan rice

12:52 pm on Saturday, March 31, 2012

And I wouldn't want any wannabe cops with documented anger issues self policing my neighborhood with a gun.

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Dave

8:36 am on Sunday, April 1, 2012

Neither would I..

I wonder myself why the police allowed someone to have a weapon permit who had a history of temper problems. Much less knowingly allow him to patrol the neighborhood with that gun. Regardless of whether he had the assault on an officer and disorderly conduct charges reduced from a felony down to a misdemeanor in a plea bargain back in 2005.. i would still think they should not of allowed him to carry a gun in the first place.. they should of never given him a permit. I think they should of told him to stop patrolling the streets with that gun, since his "neighborhood watch" group was not even sanctioned by the police. I would of thought that would of been a big red flag for them when they were questioning him and then reporting this to the DA.

Christine Orman

11:18 pm on Saturday, March 31, 2012

I just wanted to point out that the police orginally wanted to charge George Zimmerman with manslauter, it was the DA that made the call not to charge that it was self defense under the 'self defense' law. So people shouldn't blame the police for no charges. While we're all debating this and trying it in public, there's a few things that I'd like to point out, Trayvon M. is being describe as a 17 yr old kid walking to his dads girlfriends house while talking on the phone with his girlfriend, a man follows him, theres a confrontation then Trayvon is shot and dies. But this account is given by his girlfriend several days after it happened. We really don't know what Trayvons actions were. According to George Z., Trayvon was acting in a manner that he felt was suspicious, this evident on the 911 calls, where he describes his odd behavior, possibly being on drugs, after that we have George Z's account of being attacked by Trayvon and eyewitnesses to seeing part of the altercation.

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Dave

7:21 am on Sunday, April 1, 2012

This story of the lead investigator for the police wanting to charge Mr. Z with manslaughter didn't come out untill just a week or so ago. If he truly had then he should of done a better investigation by questioning Trayvon's girlfriend and even his parents to find out why he was there to begin with. At that time they spoke with neither. They'd of been able to check his and Georges criminal records fairly easily. And why no polygraph for George just to see if maybe he was lying? Then send a full report to the DA. That's one problem i have here, what was it he actually had in that report. The DA may have made the decision.. but it may of been based on incomplete information. I'm not ready to take all the blame off the police just because now their story is that they wanted to file charges. And this is where i believe all the outrage has been coming from. The lack of a proper investigation before the releasing the suspect. The media attention and subsequent uproar wouldn't of been necessary had the officers done a better job of listening to his family first before releasing George or forwarding the warrant request to the DA. I put blame on both the DA and the police for a poorly done investigation. I do blame the DA for being too quick to assign the "stand your ground" law without knowing what really happened first. From some accounts i've heard there was a struggle over the gun. Could it of gone off accidently? Stories can change and have, what was in the report?

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Christine Orman

12:49 pm on Sunday, April 1, 2012

@Dave, I won't debate who should have done what better, because I would prob agree with all you have to say about it. The only point I was trying to make was that right for the start, the night of the incident, the police labeled it 'manslaughter' and that night whoever the DA was denied the warrant. My thoughts are this... it's of 2 reasons, one,{who Georges dad is} or two {prosecutor felt he could not convict} .. prosecutors deny warrants on a regular basis simply because they don't think they will get a conviction. Facts are not relevant , getting a conviction is. I just think the ball dropped at the prosecutors office. Maybe the police officers could have done a better job at gathering evidence or witness accounts, but maybe they felt it wasn't necessary, maybe they didn't expect the DA to use the 'self defense' law. I know I initially thought he should have been charged with something. And that's before more information came out which does lead me to question that what occurred that night might fall under the 'self defense' law. But I will wait till all facts are made public before I decide what I believe.

Christine Orman

11:51 pm on Saturday, March 31, 2012

Don't get me wrong. It's not that I believe everything George Zimmerman has said. It bothers me that a 17 yr old was walking along then ends up dead. But with out all the facts people are crucifying George Z. and making it sound like Trayvon was just your normal 17yr old walking along minding his business. Then there's the debate as to who was the aggressor. With different stories you have to look at the persons charcter to decide what makes sense. They're trying to paint a picture that Trayvom was just a normal teen. Most of the photos of Trayvon being generated are from when he was younger 'a boy' ... but there are more recent photos where Trayvon dresses like a 'gansta thug' , he was recently suspended from school for having drug paraphernalia. {this is not a normal teen}. And here's something to consider, what if in fact Trayvon was responsible for some of the home invasions in that neighborhood. And carrying the bag of candy would be part of his story in case he was stopped and questioned. .Recently in the Detroit area there were numerous break ins and thefts at high schools and churches, the thief was a black male dressed in casual clothing wearing a backpack, looking like any other student, there were people who watched him walk by them but they didn't see him as suspicious because of his dress and that he had the backpack.

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Dave

7:50 am on Sunday, April 1, 2012

I'll try not to get you wrong. You seem fairly sensible and impartial to me. I may be sounding a little more biased than you. And i'm trying not to take sides on this. I do see this as an injustice, both for George and Trayvon, If anything i'm taking the family's side because of a faulty system and improper procedures. I can also see the spin the media is putting on it by publishing old pictures and not mentioning either of their criminal records... George's is just as bad as Trayvon"s.
Now what if Trayvon was involved with any of the breakins? I would think the police would of put that in the report before sending it to the DA... did they? Did they decide since he'd just moved into the neighborhood he couldn't of been involved with them cause he wasn't there? We don't know.

With the different stories i too would expect further checking into the person's character. But who's telling the different stories? They'd of had to listen to both sides first to get a story from Trayvon's family. All the different stories are coming from George and the witnesses. Which are his neighbors and friends i might point out. At least in the beginning they were. Trayvon's story didn't come out untill after the charges were dropped. So now again, why no polygraph for Mr. Z? And as you mentioned.. why no background check on either of them before taking the report to the DA? Seems to me the police only looked for the answers they wanted to hear, not what was the whole truth.

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Calan

11:16 am on Sunday, April 1, 2012

Christine,

I am offended by some of your comments.

Is it spin to show photos of a young Trayvon, yes, but is it appropriate to assume because he looks like a "gangsta thug" in recent pictures, suddenly he is a less credible person? Absolutely Not! How a teen (or person) dresses is not an indicator of character.

All reports say that he was suspended for having a bag that tested positive for marijuana residue--is drug use our PERCEPTION of a normal teen? No, but a 2011 study conducted by a research center at the University of Michigan ( monitoringthefuture.org ), you might find what is Perceived as normal and what is really going on are two different things. In fact the most recent report based on a survey of 46,000+ 8th, 10th and 12th graders found that by the 12th grade 50% of students had tried either marijuana or some other illicit drug. This may not be what we want for our "normal teens," but, a teen making decision(s) we do not like does not make them a bad person, nor does it negate them from being "normal" whatever that really is.

It is possible that Trayvon was involved in home invasions, but unless there is proof to back that up, it is simply speculation & an attempt to justify his killing. Carrying candy to cover it up, thats genius, really--no officer, it wasn't me, see I have skittles. Burnie Madoff carried a brief case to further his cover as a business man... maybe everyone with a brief case is really running a ponzi scheme.

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hartland eagle

11:38 am on Sunday, April 1, 2012

Good luck with having your support of racial stereotypes and prejudicial statements forever preserved on the internet for anyone to find, Christine. Should serve you well.

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dan rice

12:18 pm on Sunday, April 1, 2012

Wow. 2 thoughts:
1: substitute "white male" into your story and consider your reaction
2: relative to the 'character'issue: any thoughts as to what's been reported about the shooter's past?

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Dave

2:20 pm on Sunday, April 1, 2012

@christine..

It's a good thing we're not debating it. Cause i'd probably end up agreeing with you, or you with me. And then that wouldn't be much of a debate at all. It'd be more like a trial where we were looking at all of the evidence then deciding a verdict.
I'd say you were right about there being alot of mistakes made.. and most likely point at the police investigation and the DA's as being highly suspicious. I'd also say that the prosecutor wasn't worried about serving justice myself.. but worried about his win-loss record. That to me is wrong in itself. But then it is what they do.

I'd still question why they came to that conclusion so fast. I mean they could of held Mr. Z for 72 hours without charging him.. what harm would it of been to talk to the family first before they made that snap judgement? What harm would it of been for the prosecutor to tell the officer to get more proof.. one way or another? What harm would it of been to gather all of the evidence? That's what really looks fishy. And that does make it appear as if there was some other reason other than this self defense statute as the reason he wasn't charged.

My thoughts are the same as yours i think.. that someone.. whether it was his friends on the police force or his father, exerted their influence on the DA to drop the case. I don't know what reason they would of dropped it otherwise.. i can't say any of them did it out of prejudice.. but it does leave the door open for speculation.

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Christine Orman

3:18 pm on Sunday, April 1, 2012

But I don't believe he ever should have had the gun out in the first place. I don't believe this was a self defense situation that the law was intented for. I believe GZ should be charged with something. Because if you're going to carry a weapon that could end someone life, you need to be held accountable for its use.But I could be wrong, maybe GM had good reason to fear for his life. My instincts don't tell me that though, so I could be wrong.

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Christine Orman

3:22 pm on Sunday, April 1, 2012

@Dave, I'll give my thoughts based on my instinct and common sense {which I'm always right about 99.9999% of the time} ... I could be wrong with exception to only a couple things, I 'll point that out. Trayvon M is walking to his dads girlfriends house with his snacks he, he's wearing a hoodie because its cold at night, its possible Trayvon hadn't been to the house before and was trying to find it by looking at the addresses , etc {if we believe G.Z in the 911tapes where he says TM is acting like hes on drugs or something}... although its possible he was just walking, either is plausible to me, then you have GZ, calling the police because he sees this kid he doesn't recognize walking in his neighborhood, GZ gets out of his truck to confront TM, I would guess TM is not going to be cooperative with this stranger he doesn't know, in turn this upsets GZ, GZ grabs at TMs hoodie ..{now this is the part I do believe happened} .. TM punched GZ in the face and GZ landed or fell hitting his head to the ground. But I wonder, could GZ have been hit/punched in the nose while TM was trying to break free of GZ, if GZ had a hold of him, this part I'm unsure of until I know what GZ actually told police. But its apparent others are adding to the fact GZ was hit in the nose and that his head hit the ground. GZ got out his gun and shot TM,. I don't believe GZ wanted to kill TM. ...contin below

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Christine Orman

3:34 pm on Sunday, April 1, 2012

@Calan, why are you getting offended by comments people say to what may have happened in a situation where little facts are actually known? It's mostly 'what if's' It is not normal for 17 yr olds to dress 'gansta thug', wear a gold grill and get suspended from school for drug par. If all that were normal the schools would be empty.

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Calan

7:59 pm on Sunday, April 1, 2012

@Christine,

I am offended because your comments are a bunch of "what if's" based on stereotyping & in my opinion a "head in the sand" view of the world that you present as a reason to assassinate Trayvon's character and give a caveat to Zimmermans actions that smack of justification.

Would you be making the same comments if Trayvon was a white kid named Mark who was dressed preppy with Altoids & Starbucks in hand? Would you be commenting on his chinos & grill? Would you be focusing on his college applications & his upcoming SAT's or his recent suspension from school or maybe you would downplay it as being peer pressure or that "bad friend" or maybe it was just a misunderstanding? Would you immediately start speculating as to him being responsible for recent home invasions? Would you find some example of a white guy dressing up like a black man to rob 6 banks down in Ohio?

When you can buy "gangsta thug"clothing at Sears & JCPenny, etc, we are not talking about something that is isolated to "those kids." Its a Style, its "fashion!" I was going to agree that it is not normal for teenagers to get drug related suspensions, however at the small company I work out, we have 3 employees with 4 teenagers in high school-1 of those kids was given a 1 month suspension for drugs & then expelled for a 2nd drug offense-he was on the honor roll and is mostly a good kid btw.

So I will compromise, maybe he wasn't your "normal" teen, but rather my average teen.

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dan rice

9:17 pm on Sunday, April 1, 2012

Calan, great perspective.

Calan

10:15 am on Sunday, April 1, 2012

RIchard,

Personally, I think that Trayvon was the one who's actions should be protected under Stand Your Ground -- From what we do know about Zimmermans "pursuit," it is not hard to imagine that a 17yo would feel that his safety and life were threatened. If Trayvon felt his saftey and life were threatened, would he not be the one justified in defending himself under either or both of the Self Defense and Stand Your Ground laws of FL? If Trayvon was protected to defend himself under either of those laws in FL, I would think that determination would negate Zimmerman from using ether as a defense?

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Ed Lambert

11:32 am on Sunday, April 1, 2012

Just a word to those "grievously offended" --including, perhaps, most of the recall Daniels crowd--by racial slurs: have a look-see at the username Trayvon had on his social media account. It is a good example of liberal-think: that designated "special groups" (that, in toto, is the composition of today's Democrat Party) have special rights to language not enjoyed by others.

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Calan

12:20 pm on Sunday, April 1, 2012

Ed

You should know the difference between a slur being used to demoralize, denigrate and demean a person and a person who would historically be the target of the slur reclaiming/empowering the slur.

A white person calling a black person the n* word is 100% offensive. A black person reclaiming the n* word is empowerment. Although some would disagree, I think the more black youth reclaim the word, the less power it has over them. A straight person/mayor referring to LBGT people as qu**** is 100% offensive, unless of course the mayor is really a lesbian and then it is empowerment.

I was getting off the EL in Chicago about 15 years ago and a man called me "cracker"--cheerfully I responded, "I prefer Mr. Cracker." He def. meant it as a slur, but I didn't give him that satisfaction, I reclaimed it.

No political party has a claim to empowering slurs either, yesterday I saw a Tea Party guy with a shirt on that said "Proud Tea Bagger" -- yep, I would say empowerment... tho maybe that example (and the humor) is lost on you.

If Trayvon chose to empower himself by reclaiming a slur, that was his business, using his social media handle as a politicized attack on his character is something else entirely. How does Trayvon's twitter addy add anything meaningful to the conversation of holding Zimmerman accountable or giving him a pass?

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Christine Orman

4:30 pm on Sunday, April 1, 2012

@Calan, you can not claim why anyone is calling another person a name or racial slur.

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Jordan Genso

8:33 pm on Sunday, April 1, 2012

Very well-written comment Calan. +1

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Calan

8:38 pm on Sunday, April 1, 2012

@ Christine

You are right, I "really" don't know what motivates a person to use a slur or racial slur towards another person.

When that guy called me a "cracker" maybe he just was saying Hi or he liked my Polo Shirt. When I see Fred Phelps at soldier's funerals holding up signs about dead soldiers, ied's and a whole host of gay slurs he really is just saying how much he supports the LGBT community and our military. I could never possibly know what he is really thinking right? When the klan goes marching and they shout the n-word, really its their way of inviting everyone to a pot luck or something?

But your right, maybe I should just ask and find out...

So Christine, when you call people names or use racial slurs, why do you do it? Don't hold back, I really want to know. Ed, feel free to answer too, I know you have an opinion in there someplace. Mayor Daniels consider this an invitation to discuss why you like to call people names and use slurs.

(rolling my eyes)

I stand by my comment that Trayvon's twitter handle, a version of the n-word, adds nothing relevant to the situation at hand and is empowerment in itself.

I grew up in KS, not Troy, all in KS are Jayhawks, why, because Jayhawker was a slur for "backwards" thinking, and when KS voted FREE, its citizens were labeled Jayhawks by those supporting slavery. The governor said YES WE ARE and empowered the name for his militia. Kansans have empowered that slur with honor ever since.

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Calan

8:43 pm on Sunday, April 1, 2012

Thats an entire state empowering and reclaiming a slur for generations, so its not just the KU mascot. Today, Jayhawk certainly does not have the meaning it did before the civil war which is a very good thing.

dan rice

12:06 pm on Sunday, April 1, 2012

Ed I'll ask the question again: what does politics have to do with this?

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Dave

12:21 pm on Sunday, April 1, 2012

Well i can't say i'm offended by anyone bringing up either Trayvon's or Georges past nor pictures, nor tweeter accounts. These are all valid things to bring up about their character. Christine is entitled to her "what ifs" and theories... as well. Perhaps if the police would of done a few what if's this story wouldn't of made it into the news.
But as far as the "Thug" pictures and statements Trayvon posted online.. it has nothing to do with his credibility.. remember he's not talking anymore.

It does go towards the justification for shooting him though. Now did the police know about the pictures and Trayvon's possession charges before they decided to drop the charges? Did they report that to the DA? And was that the reason the DA refused the warrant request? If that is the case then it would appear to me that the police were trying to justify his death by making his character an issue. And other than showing that Trayvon might of been the aggressor in this situation without being in fear of his life, it is really irrelevant as to what either of their postings online might of been after the fact. Truth be told.. Mr Z's character does show a history of anger problems and aggression.. and his "after the fact information" about his past would be more damaging to his credibility than all of the pictures of Trayvon would be towards his own character.

As for racial slurs in this blog Ed.. i don't see any. I won't respond to that part.

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Dennis

4:21 pm on Sunday, April 1, 2012

I couldn't disagree with the "reclaiming" theory more... if it's a bad/negative word, then it is... to use it as something to "own" or be proud of negates the negative connotation. Period. Can't have it both ways IMO.
"Stand your ground" means you do not have to retreat, it does NOT mean move forward. Self Defense does not begin with Offense. Most states are not property-protection states, which means you cannot shoot someone for a property crime.
There are a few "facts" that need verification before anyone can begin to assess just whom is to blame in this unfortunate event. Until then, it's all conjecture and opinion, and really doesn't mean much.

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Christine Orman

4:26 pm on Sunday, April 1, 2012

@Dave, yes!!!! you know, the first time I heard this case on the news and they didn't charge him with 'anything' .. I thought "????" How does a man shooting and killing another man who isn't armed not get charged with something.

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Dave

5:37 pm on Sunday, April 1, 2012

@Christine... response to message above...

I think your instincts are pretty keen. I hope my perceptions are just as good. Your theory sounds quite plausible. I can't say too much about how it all went down.. but i do have my take on GZ too. I think he was a man with a big ego.. possibly arrogant at times and he had temper issues. I believe the gun gave him a false sense of bravado. It looks like he was a wanna be hero. He was seeking attention just not this kind. I think owning a gun supersized his balls and inflated his head. I don't think he would of been there in that situation without a weapon of some sort.. if not a gun, then a baseball bat or pepper spray or even a kitchen knife. I don't believe he ever learned to respect the power of the weapon he had in his hands, nor that he ever took proper training on how to use it. It doesn't appear as if he was ever a hunter or that he knew how to handle a weapon correctly. I think he was only outside of his vehicle because he had a false sense of security and he thought the weapon gave him more powers than he actually had. Without knowing how to use it he was worse off than if he hadn't had it at all. There is no doubt in my mind that TM's skin color had something to do with the fact that Mr Z singled him out as a suspect...he fit the profile Mr Z was looking for.

However it went down, Mr Z was overpowered and found himself at the losing end of a fight and at that point he had no choice except to shoot.

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Dave

5:50 pm on Sunday, April 1, 2012

First time i heard it was at about the point where the police told the family that there was nothing they could do about it. That's what caught my interest.

Dave

10:07 pm on Sunday, April 1, 2012

Anyone here ever hear about a thing called Jury Nulification? Does anyone here know of any cases tried since they changed the jury rules last year? I'd like to see how it has been working since they've allowed the jurors to ask questions.

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