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BREAKING: George Zimmerman Is In Police Custody, He Is To Be Charged With Second Degree Murder

The AP reports that Trayvon Martin’s shooter George Zimmerman is currently in police custody and will be charged with murder in the second degree, a more serious crime than the manslaughter charge many analysts speculated Zimmerman might face.

Under Florida law, second degree murder is defined as “[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.” Zimmerman faces life in prison.

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Comment by Logos Tartaros on April 11, 2012 at 5:58pm

The wording of the charge should give the prosecution what it needs to aggressively pursue this case.

Comment by Logos Tartaros on April 11, 2012 at 7:44pm

“STATE OF FLORIDA

VS.

GEORGE ZIMMERMAN

COUNT 1: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRAYVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Section 782.04(2), 775.087(1) and 775.087(2), Florida Statutes.

ANGELA B. COREY

STATE ATTORNEY”

— From the issue capias filed by Special Prosecutor Angela Corey charging George Zimmerman with second degree murder.

Comment by Starrfire Price on April 12, 2012 at 8:14am

Personally, I think it's a political move on Angela Corey's part (she's up for reelection) to try and get 2nd degree murder from this, I've done a lot of research on this case and I don't see that sticking at all, unless she's hoping he'll plead down to involuntary manslaughter, as of now he's sticking with innocent and his attorney seems adamant that it's going to remain that way until trial.

If he goes to trial, I personally think he'll be acquitted, if it's even possible for him to get a fair trial in Florida. Not to mention, the Black Panthers putting a bounty out on Zimmerman and all the threats that have been made, which undoubtedly will cause issues with anyone who will testify for the defendant, threats are very possible with that as well as with the jury.

Unfortunately, the media purposely flooded the public with so much inaccurate and misleading information that it will make it very difficult for him to get a fair trial if it doesn't get tossed out of court before even going to trial. The full blown media circus from Sharpton and Jackson imo certainly isn't going to help the case either.

This case has reasonable doubt written all over it, and the possibility of jury & witness intimidation is extremely high as well (imo).

Comment by Starrfire Price on April 12, 2012 at 7:12pm

When stating political, how she responded is part of it, she reacted under the pressure, had she not filed charges on him then she would likely not get re-elected plus all the high profile attention she is getting for her decision is a big political boost. I would be surprised if the case will be heard in Seminole County but who knows and the jurors in the Anthony trial are still fearful of vigilantes after they released their names in Oct to the public. The fear around this case for anyone who could be involved in acquitting him or testifying for him will very much be present, which is the reason it may be moved elsewhere. The Anthony trial was bad but this imo is even more volatile and unfortunately, with some behind it who have the means to do harm.

I'm not opposed to the Stand your Ground Law, as I believe if someone's life is in danger they have a right to defend themselves even if it entails deadly force.

Comment by Logos Tartaros on April 12, 2012 at 11:18pm

For me, the arrest is warranted.  I don't have a problem with people standing their ground; I do have a problem with people being immune from prosecution and civil action without them going to trial...

Florida's Stand Your Ground Law

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

History.s. 4, ch. 2005-27.

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