Posted on 04/11/2012 2:45:48 PM PDT by Arthurio
Official: Zimmerman is in custody and will be charged with 2nd-degree murder
(Excerpt) Read more at news.yahoo.com ...
I would not be overly distressed if Sharpton was as sick as Chavez and Mugabe. I would not wish to listen to all the crap that would be said at his memorial service, however.
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
ISSUE CAPIAS
CASE NUMBER:
SA NO: 1712f04573
STATE OF FLORIDA
VS.
GEORGE ZIMMERMAN
INFORMATION
COUNT 1: MURDER IN THE SECOND DEGREE
IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA, ANGELA B. COREY, STATE ATTORNEY for the Fourth Judicial Circuit of the State of Florida, pursuant to Executive Order of the Governor 12-72, and as such Prosecuting Attorney for this Court, through the undersigned designated Assistant State Attorney, charges that:
COUNT 1: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an 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, kill TRAYVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Section 782.04(2), 775.087(1) and 775.087(2), Florida Statutes.
ANGELA B. COREY
STATE ATTORNEY
I hereby state under oath that I am instituting this prosecution in good faith and I certify that I have received testimony under oath from the material witness or witnesses for the offense(s).
[signature]
Bernardo de la Rionda
Designated Assistant State Attorney
for the Eighteenth Judicial Circuit
Florida Bar No. 365841
Personally appeared before me, Designated Assistant State Attorney Bernardo de la Rionda, who is personally known to me, who being first duly sworn, says that this prosecution is instituted in good faith, and certifies that testimony under oath has been received from the material witness or witnesses for the offense(s), and says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and wich, if true, would constitute the offense(s) tehrin charged. Sworn to and subscribed before me this 11th day of April, 2012.
[signature]
Signature of Notary
Jennifer Weigel
Name of Notary
She’s suppose to represent the LAW not the “victim” and that’s just it. She decided right away Trayvon was a victim when she should have been conducting a fair investigation not praying with his parents. What a farce.
I will admit to you a pro prosecution bias....I am with you re: waiting to see the evidence. She well may off a plea bargain to aggravated manslaughter. That is still a first degree felony, correct? Carries a 25 to life sentence?
There is no possible way he’ll get a “fair and impartial” jury.
Isn’t this interesting. First they say there’s no reason to prosecute Zimmerman, and then they prosecute him for second degree murder. Says a lot for the prosecutors, don’t you think?
The victim?
You mean the man that was attacked and defended himself?
The prosecutor said her team prayed with Martins family. Is this her job?
Are you joking?
Where's the mens rea intent or depraved heart murder? That's my problem with 2nd Degree. They tried that here in Michigan to two white Detroit cops in the very infamous Malice Green case back in 92 (about as high profile as this). Detroit had its own court system (Recorder's Court) at that time so there was no chance. 2nd Degree conviction overturned on appeal to involuntary manslaughter (which I think was proper). Under the worst reading of facts from what I know, I can see manslaughter.
If Zimmerman did not end up on the ground, I can see 2nd Degree. That's about the only way I can see it.
“Remember, she represents the victim”
Actually, the DA represents the state; and the duty of the DA is to pursue justice. She does not prosecute on behalf of the alleged victim, but on behalf of the state, seeking justice.
If Zimmerman is innocent and goes free, her “client” has not lost; because “justice” has won.
This is actually good news. The prosecutor knows that she will not get a conviction for 2nd degree murder, but she can say that she tried.
Now we also will get to see all the evidence the police have. Pros and cons - maybe the worst is as the Drive-bys focus 24/7 on this case Mr. Zero gets a pass on the myriad issues that should cause his defeat in Nov. and “white guilt” returns as the stalking horse that pushed him ahead in 2008.
Of course it could all backlash and defeat the enemy as well, we can hope.
No, no, no. Always, the prosecutor represents the victim. She is using victim as a legal term, not a sympathetic one. That is the role of the prosecutor always, to represent the victim, first and foremost. Not just her. All prosecutors.
If it proves to be true that Trayvon was beating the back of Zimmerman’s head into a concrete sidewalk, which I think could in itself constitute attempted great bodily harm or murder, shouldn’t the justification of self defense be applied?
That is simply not true and I think you know it.
Thanks, I appreciate the legal explanation and clarification.
Agreed about the “justification” element. I guess we’ll find out more about that now that charges have been brought forth.
I’m tired of the rampant speculation and in some cases, outright deception that have been put forth.
FRegards,
SZ
“In order to convict a defendant in Florida of Second-degree murder, the State of Florida must prove the following three elements beyond a reasonable doubt:
1. The victim is dead;
2. The death was caused by the criminal act of the defendant;
3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.”
http://www.arnoldlawfirmllc.com/CM/Custom/SecondDegreeMurder.asp
The only element provable is someone is dead.
The rest of the elements are not proved by witness testimony, the transcripts of the call and, I suspect, the forensics.
I think the gutless States Attorney is laying on 2nd degree in the hope she can get a plea agreement for manslaughter.
She is gutless and a coward.
Victim is just the term they use. You have a victim and a perpetrator...it is just a legal term to differentiate. It says nothing else. And yes, the prosecutor represents the victim as well as the law. It is not unusual for the prosecutor to be very involved with the victim’s family. I do speak with some personal experience when I say that. They are the last voice the victim has when they can no longer speak for themselves. They take that very seriously. The term victim is not being used the way you are interpreting it.
You’re WRONG. A prosecutor represents the law of the state and if someone violates the law they file charges and there is a judge and defense attorney who makes sure the state is not violating the accused rights during the process. Prosecutors are not suppose to be the advocate for the so-called victims, but for the law.
Indeed.
You noticed that too.
2nd Degree murder is the same guidelines, but can also be life.
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