[quote]Tex Ag wrote:
[quote]Dr.Matt581 wrote:
[quote]Tex Ag wrote:
[quote]Professor X wrote:
[quote]Tex Ag wrote:
[quote]Jewbacca wrote:
[quote]Tex Ag wrote:
The tricky part is it can be reasonably argued that both were.
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It’s only “tricky.” If you don’t understand the law. It is irrelevant whether the Black guy’s acts were legally justified or not. All that matters is if the Hispanic guy’s actions are legally justified.[/quote]
Not the way I had it explained to me by a cop. If you hold a hair brush where the handle looks like a gun, the person who feels threatened is legally threatened whether or not the person is actually at risk. If Martin felt threatened, then following that logic, Zimmerman started the whole mess and his claim of self-defense does not hold water. I think it is this point that is being overlooked. It is not just who punched who first. It is who threatened first. Again, this is how a cop explained it to me.[/quote]
That was why I mentioned if the gun was visible. People seem uninterested in this important fact. All of the actions committed on both parts make sense if that gun was seen as a threat in itself first.
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It does not even have to get that far. It has been argued that you can legally follow a pedestrian while in a car. Try following some kids home from school that way, or female college students around campus, and see how long it takes for the cops to show up. I think that act falls under menacing and the kids, college students, etc. would not be considerd crazy for feeling threatened. Though less threatened than if you get out of the cat and start going after them when they try to run away.
Following someone in your car can easily be conceived as threatening. Getting out of the car to pursue someone ups the threat meter. Having a visible gun UPS it even more.
I do not understand how this is not seen as threatening behavior.[/quote]
It is threatening, BUT as I stated earlier, IF Zimmerman had stopped following Trayvon and was on his way back to the car there was no real way to rationally consider him still a threat and approach him and attack him. It is possible that as soon as Zimmerman got out of his car, Trayvon felt threatened and attacked. I would consider that reasonable. BUT, his girlfriend and Zimmerman both stated that Trayvon was fleeing, which does not support this hypothesis. Zimmerman claims he lost Trayvon. That may or may not be true, but the burden of proof lies on the prosecution and there doesn’t seem to be much evidence to support it. The same goes for the hypothesis that the chase was only for a short distance. That may also be a plausible explanation, but in order to get a conviction, there needs to be enough evidence to remove reasonable doubt, and there just isn’t here.
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Do we know were Martin was when Zimmerman said he headed back to the car? While going to his car may seem like retreating but if the act.moves him towards Martin then it would appear like pursuit whether it was intended to or not. Just because Zimmerman said he was done does not.mean Martin felt any less threatened or that Zimmermans action appear like less of a threat.[/quote]
Not only that…THIS IS A GATED COMMUNITY. Even if he walks back to the car, the kid is still trapped by a man he KNOWS was chasing him…and he may have even known about the gun at that time.
I just don’t see how walking back to the car means “safety” for the kid when the kid still had to make it home and he was trapped inside.