The Martin shooting
The author of Florida’s stand your ground law points out the truth: the shooter is not covered under that law. But the press and anti-gunners (but I repeat myself) keeping saying that it does. It’s the narrative.
The other narrative is that a white guy shot a black guy. The shooter is Hispanic. And he apparently decided that the Martin was suspicious before realizing he was black. It’s silly to outright dismiss that race played a role but the evidence so far seems to indicate the shooter was an overzealous neighborhood watchman playing tactical tommy.
This is a gift wrapped tragedy to the anti-gun folks who are using it to launch an emotional attack on gun laws and permit holders, while lying about gun laws:
Tragedy may be our opponent’s currency, but demographic stereotypes are their natural manure.
And folks ask me what I think the fallout will be. Short answer, not much. I think a prosecutor may have a hard time with the self-defense angle. They like to arrest people but they haven’t arrested him yet and there’s a reason for that. I would expect any criminal trial to fail, short of a plea. However, given the nature of the 911 calls and the police told him to knock it off, a civil suit might prevail.
March 22nd, 2012 at 11:02 am
Seems the real lesson here is that people need to become aware of how quick a confrontation can turn around. The 911 calls and such make Zimmerman seem like the aggressor, which he was. He may have asked Martin who he was and if he lived in the area.
But his statement was he was returning to his truck when he was jumped from behind, a scuffle ensued and at some point he felt an imminent threat of death or serious bodily injury. If that statement is true and according to the police chief it isn’t contradicted by the physical evidence, then Martin was the aggressor and Zimmerman the victim in the scuffle that led to the shooting.
Fear and emotion may have spun this around as it often can. And aggression against a perceived but retreating and not active threat can give the other person a plausible self-defense argument.
I’ve been wracking my brain to form a Tactical Tommy law but runs up against the cranky old phart, HOA nazis, and concerned neighbor problem. Although I guess rather than questioning, they should use the Walmart strategy. Just a friendly hello will often do wonders to discourage petty thieves with the implicit, we’re friendly and mind each other’s business.
March 22nd, 2012 at 11:34 am
There is such a law but it is only for adults who can legally carry a weapon.. A good defense is generally better than a great offense…
March 22nd, 2012 at 11:36 am
What will the fallout be? From looking at the pictures and videos posted about the story, and noting the wonderful history of Rev Al Sharpton who’s taken this case under his soiled wings. I’m VERY concerned about a Rodney King-style (or at least a Freddie’s Fashion Mart-style) race riot.
These people aren’t even paying attention to all the legal intricacies of this case. In their eyes not only is Zimmerman a “White Man”, but he’s a “Murderer”.
Zimmerman has already had to flee his home because of death threats. In the event prosecution can’t come up with a viable case, or the Defense uncovers damning evidence against Martin, In think this could explode.
keep your mags loaded, things could get VERY ugly.
March 22nd, 2012 at 12:04 pm
I think a riot is inevitable at this point.
March 22nd, 2012 at 12:33 pm
Knowing the area (I grew up less than 10 miles away), I fully expect unrest. From one story I read, that neighborhood has ~240 homes in it and has had over 400 separate 911 callouts in the last 14 months. That is a pretty clear indicator that I would not want to live there.
March 22nd, 2012 at 1:56 pm
Some people need to understand that they are 13% of the population and that they can be dealt with if they get stupid and dangerous.
March 22nd, 2012 at 3:02 pm
This is one which may never be sorted out. Martin’s cell phone may provide the only evidence, and then only if it was in GPS mode and the GPS coverage was perfect.
If Zimmerman chased him, no, the Stand Your Ground doctrine does not apply, but now Zimmerman says that he stopped chasing, then Martin attacked. If that can be demonstrated (or actually, NOT DIS-PROVEN), he will never be convicted. That, plus Zimmerman having minor injuries (which he COULD have self-inflicted if he was a fast thinker, which he seems to be).
Problem for the DA is, it’s hard to punt properly from inside your own end-zone…
My prediction is that the SYG doctrine will be re-visited to require SYG in the entire chain of events.
March 22nd, 2012 at 3:15 pm
Admonitions by 911 operators have no legal force, unless they happen to be a sworn officer that has identified themselves.
March 22nd, 2012 at 3:33 pm
Some people need to understand that they are 13% of the population and that they can be dealt with if they get stupid and dangerous.
How, exactly?
March 22nd, 2012 at 6:04 pm
Notice that if a Hispanic is brown if confronting a Caucasian, but white if he’s confronting a black person.
March 23rd, 2012 at 7:29 am
Two days ago Zimmerman was identified as hispanic. Yesterday I heard him referred to on the radio as a “white hispanic” several times during the hourly news. I have never heard or read the term “white hispanic”; it appears to have been invented for this story. And I’m sure that today Zimmerman will simply be described as white and his media transformation into a snaggle toothed southern racist will be complete.
March 23rd, 2012 at 8:34 am
Since when is “Zimmerman” a Hispanic name? Zimmerman is German for something like “Chambermaid” — “House servant” as opposed to, say, Schwartzenegger “Black field servant”.
March 23rd, 2012 at 8:40 am
BTW, ATLien has 1% of a point. Being a black person where you should not be is probable cause. Black people are 13% of the population but commit 93% of the murders, rapes and robberies. But I go with Lot, debating God, in the story of Sodom and Gommorah. No collective guilt.
March 23rd, 2012 at 8:42 am
Or was it Abraham, instead of Lot? I’ll open up my Bible. Genesis is too wonderful to be remembered dimly.