Murder is usually defined as...
Murder is the unlawful killing, with malice aforethought, of another human, and generally this premeditated state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter).
So unless a premeditation can be shown, murder is off the table. You can't walk up to someone and then decide to murder them spontaneously. That is Manslaughter.
Manslaughter is usually defined as...
Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, either express or implied. It is distinguished from voluntary manslaughter by the absence of intention.
So at best Z is looking at Manslaughter unless some kind of premeditation can be found.
The GirlFriend phone call by M seems pretty clear that M and Z were talking, and that M decided to cease trying to get away. Also during the call with the GF there is no statement by the GF that Z was trying to kill M.
What is clear is that Z wanted M to being questioned by the police. He was following M, not hunting him. If Z wanted to simply kill someone, he should not have called the police before doing so. The evidence actually supports that Z only wanted M to answer questions.
That is true, but there is proof M knew Z was armed. There is no proof M knew Z wanted to hurt him. There is no proof M could not get away. (He was living just a few doors down after all.) There is actually no proof at all to support your story, other then a bunch of "What if" statements.
Sure. Did Z have a gun in his hand? Did Z throw the first punch? What proof is there?
Ok let's start off by saying YES.. Police Dispatch IS law enforcement in the state of Florida.
Next up, let's address your misinformation.
This is the call that Zimmerman placed, where his encounter specifically stated as per Zimmerman started while Martin was "walking around just looking"
He says "these *******s always get away", then illegally engages a fleeing victim, and when he is told to stop his pursuit he completely ignores the request. This demonstrates that he had no intention of letting him get away.
So even with your interpretation of Murder, it is clear there was malice aforethought. In the State of Florida, Murder is not defined that way and I clearly already quoted the law saying that it is defined differently.
Now to the claim that they were talking, did you hear them talking? Nope.
The teen was walking, saw a man staring at him, came closer to see what was going on and for whatever reason, decided to flee.
Clearly, you can hear where the teen is screaming for help.. HOW is someone screaming for help, half your size, unarmed a threat to your life or great bodily harm?
He is not. Zimmerman firing his weapon did so, without reason and illegally. He fired a single shot, while he could have shot at the victim's leg or arms, he decided that a single execution style shot that would instantly kill his victim was necessary. Mind you this is what you do not understand: He chased the victim down, without legal grounds to do so(aggravated assault), then physically engages the victim(battery, doesn't matter who threw the first punch), the victim defends himself while screaming for help(The pictures show that the victim tried to defend himself), Zimmerman then executes him(Single shot that instantly ended his life).
Now as for who threw the first punch, that is completely irrelevant information because the engagement started when Zimmerman acted out a threat to physically harm Martin by giving chase after Martin had turned his back and started fleeing. The threat was possible because given a physical altercation Zimmerman was a 240lb man, and Martin was a 140lb boy, which indicates that Zimmerman could have easily stricken the kid and caused massive damage even upwards of death with his bare hands.
In the second call you hear the boy screaming for help, and not a single thing from Zimmerman. There is nothing he wished to say, not "Stop fighting me", not "Just give up", not even "Freeze!"... He just pulled his firearm and without any warning executed a teen that was screaming for help.
Again I have to stress the reasoning for Martin to stop fleeing is unimportant. He had no duty to retreat.
When he stood his ground and defended himself against a larger male who was chasing him, he did so with non lethal force.
When was Zimmerman's life in danger? In between the screams for help from the smaller male who attempted to defend himself with his own hands? Zimmerman could have easily overpowered his much smaller victim. He chose not to do so, instead executing him is better.
Those are the facts and according to the facts, Zimmerman is guilty of aggravated assault, aggravated battery, and MURDER of a minor.
Edited by xFelix, 14 May 2013 - 10:58 AM.