The prosecutors have absolutely no case based on their affidavit. 2nd degree murder in Florida is a high bar to meet:
FSA section 782.04 section 2
Second degree murder:
The 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, is murder in the second degree…
“a depraved mind”
Three elements required for 2nd degree murder in Florida:
It is an unlawful killing if it is a result of 'an act or series of acts that:
- A person of ordinary judgement would know is reasonably certain to kill or do serious bodily harm to another
and
- Is done from ill will, hatred, spite or an evil intent
and
- Is of such a nature that the act itself indicates an indifference to human life.
They have to show that Zimmerman shot Trayvon with “ill will, hatred, spite or an evil intent” and showing a “depraved mind” and indifference to human life.
Relevant part of the prosecutors’ affidavit:
'…On Sunday February 6 2012 Trayvon Martin was temporarily living at the Retreat at Twin Lakes, a gated community in Sanford Seminole County Florida. That evening Martin walked to a nearby 711 store where he purchased a can of ice tea and a bag of skittles. Martin then walked back to and entered the gated community and was on his way back to the townhouse where he was living when he was profiled by George Zimmerman. Martin was unarmed and was not committing a crime. Zimmerman who also lived in the gated community and was driving his vehicle observed Martin and assumed Martin was a criminal. Zimmerman felt that Martin did not belong in the gated community and called the police. Zimmerman spoke to the dispatcher and asked for an officer to respond because Zimmerman perceived that Martin was acting suspicious[sic].
The police dispatcher informed Zimmerman that an officer was on the way and to wait for the officer. During the recorded call Zimmerman made reference to people he felt had committed and got away with break-ins in his neighborhood. Later while talking about Martin Zimmerman stated “these assholes they always get away” and also said “these fucking pukes.” During this time Martin was on the phone to a friend and described to her what was happening. The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn’t know why. Martin attempted to run home but was followed by Zimmerman who didn’t want the person he falsely assumed was going to commit a crime to get away before the police arrived.
Zimmerman got out of his vehicle and followed Martin. When the police dispatcher realised Zimmerman was pursuing Martin instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman discarded the police dispatcher and continued to follow Martin who was trying to return to his home. Zimmerman confronted Martin and a struggle ensued. Witnesses heard people arguing and what sounded like a struggle. During this time period witnesses heard numerous calls for help and some of these were recorded in 911 calls to police. Trayvon Martin’s mother has reviewed the 911 calls and indentified the voice crying for help as Trayvon Martin’s voice. Zimmerman shot Martin in the chest. When police arrived Zimmerman admitted shooting Martin.’
That’s supposed to show probably cause for 2nd degree murder? Where’s the description of the “struggle?” They don’t even attempt to cover any of the points.
Much of the prosecutors’ story is also put together from unreliable witnesses. I don’t remember which witnesses changed their stories but as we know there is more than one account that Zimmerman was underneath Martin. Claims that it is Zimmerman’s voice on the tape calling for help. Audio “experts” who put forward a case that Zimmerman said “It’s fucking cold.” And the claim that Zimmerman was “profiling” Trayvon - what do they mean? Racially profiling? It’s incredible that this is all they are putting forward. So the first test will be if this is thrown out of court at the preliminary hearing - which it most certainly should be.
