Re: Zimmerman charged
I don't understand how using a gun against another person and causing the death of that person can be any excuse. Isn't that excessive force? And wouldn't he be found guilty of manslaughter if found it was accidental? Then again, what if it was not accidental? He got out of his car when told not to, approached the "suspect" which led to confrontation and then he used deadly force due to being "in fear of his life" in what nature? A tea bottle?
If he was in fear of his life, why did he approach the person?
This is why it needs to be done in court. So many things unknown.
All kinds of variables come into play. If any man has knocked you to the ground and is proceeding to bash your head into the concrete it would be irrelevant that he was doing it with his bare hands and so no, it wouldnt be excessive force if his life was actually in danger. It would be some degree of manslaughter if the gun 'accidentally' discharged. I think in order to get a conviction on any degree if murder they would have to prove his intent was to cause harm. I doubt they could even prove his intent was to draw a weapon on someone, let alone murder someone. I think all you are left with (unless you are looking for charges to appease the masses) is some form of negligent homicide. This seems to fit best
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.--
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.