Prosecuting Persecution

Written by Furious Johnson   // 07/16/2013   // 0 Comments

A travesty.  A tragedy.  A search for justice.  In the aftermath of the trial of George Zimmerman for the killing of Trayvon Martin we make a big mistake arguing the actual character of the dead child.  The killing of Trayvon Martin was prosecuted into a self-defense case.  It was clearly a negligent homicide, and ultimately, so was the prosecution.

Culpable negligence in legal terms is carelessness or recklessness resulting in injury or death.  That the prosecutor argued against George Zimmerman’s assumption of Trayvon Martin as a dangerous criminal who needed to be corralled for the police was a critical mistake, and one that continues to be repeated.  The argument that no reasonable person would assume this kid were something he was not only serves to validate Zimmerman’s claim that two innocent people fought, and one used force necessary and available to defend himself.

We must instead accept Zimmerman’s presumption that Trayvon was a suspect. In Zimmerman’s mind, on that night, during that event, Trayvon was exactly that.  Zimmerman’s mindset, his experiences in the neighborhood, his long preparation in training for such an encounter, his concealed weapon; these all support the fact that George Zimmerman identified that night a dangerous and possibly armed criminal meant to do harm.  Hear the investigators, hear the neighbors, see the scary photos of the imposing black man casing houses in the neighborhood.  Accept fully this defendant’s story that he was aware of following that night a man who was a threat.

Now take George Zimmerman to a part of the neighborhood that by his own admission was foreign to him.  He did not know the street name, he could not direct proper authorities to the location.  Now open the car door and follow this dangerous criminal into a dark and unknown place and ask yourself if a prudent and reasonable person puts his life in jeopardy without the premeditated intent of discharging his weapon.  The gym owner, after a full year’s training, testified that George Zimmerman was incapable of defending himself.  Unathletic, overweight, progressed from a half to a one on a scale from one to ten was his expert testimony.

George Zimmerman was a sitting duck walking himself into an altercation with a frightening criminal with no hope of marshaling police backup because he could not identify his location.  He went to that place with hate and anger in his heart, and a loaded weapon on his person.  He knew he was on his own.  Accept that an altercation happened just as George Zimmerman had anticipated it might, and just as he anticipated when he exited the safety of his automobile, he used his gun to take the life of the man he was following.

The standard for criminal negligence seeks carelessness resulting in injury or death, and/or a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.  The truth of this case may well be that a grown man pursued an innocent kid and killed him, but that reality is unknown to the defendant by his own admission.  The defendant insists that this kid was a danger to him and his community and he followed him anyway with no recourse available except to shoot him.  By the defendant’s own description, any claim of self-defense would be limited to the altercation taking place in Zimmerman’s car.

George Zimmerman, by his own admission, followed a dangerous criminal into a unknown location knowing he could not survive an encounter without discharging his weapon.  George Zimmerman’s alibi proves murder, beyond a reasonable doubt.


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