“Wolfinger is not the only person in the state with the authority to arrest. The decision to press charges is separate from a decision to arrest, and need not be made in the several hours after the shooting.”
Yes, that’s true, but they had already arrested him. The question was whether to release him, and the obvious question was whether Wolfinger was going to file charges immediately, because if he was, then they certainly would not release him. I don’t see how they could have released him without discussing the matter with Wolfinger. In theory, I suppose they could have done it, but it seems very unlikely.
Technically, they had Zimmerman in custody, but I think it was voluntary on his part, so he was not technically under arrest. Doesn't change the results any, just changes the terminology from "the question was whether to release him" to "the question was whether to detain (arrest) him."
I believe the police have the authority to arrest - I'm near certain of it. But in order to do so, they must have probable cause. Arrest without probable cause opens them up to suit.
I am also of the impression that, arrest and detain, or not, it would be routine to forward the report to Wolfinger's office for a decision on whether or not to press charges. IOW, that communication takes place no matter what.
Asked to confirm that the police recommended a manslaughter charge, special prosecutor Angela Corey said: "I don't know about that, but as far as the process I can tell you that the police went to the state attorney with a capias request, meaning: "We're through with our investigation and here it is for you." The state attorney impaneled a grand jury, but before anything else could be done, the governor stepped in and asked us to pick it up in mid-stream."A capias is a request for charges to be filed.
The Seminole County State Attorney's Office declined to comment on whether its prosecutors ever recommended against filing charges.
So, from that, I gather that the routine request for charges, plus arranging time before a grand jury, that was done - even though Zimmerman had not been placed under arrest and held in custody pending the outcome of the grand jury's action.
Statement from State Attorney Norm Wolfinger - March 13, 2012
FOR IMMEDIATE RELEASE--March 13, 2012Statement from State Attorney Norm Wolfinger
The Eighteenth Judicial Circuit State Attorney's Office in Sanford, Florida, on this date received an investigation case package from the Sanford Police Department concerning facts and circumstances surrounding the death of 17-year-old Trayvon Martin.
State Attorney Norm Wolfinger recognizes that Trayvon Martin and his family, interested persons, and the public-at-large are entitled to no less than a through, deliberate and just review of the information provided, along with any other evidence that may or may not be developed in the course of the review process. We intend to honor that commitment.
Just how long that process will take is subject to many factors and setting a specific completion date at this time would be mere speculation. As with any proper investigation, information will not be released until it becomes public record under the laws of Florida.
The concern shown through email and other correspondence is expected and appreciated, but please understand that charging decisions will be based on the law and the evidence and that we will invest our time in the investigation and not replying to individual emails.