Posted on 04/11/2012 7:07:12 PM PDT by NelsTandberg
The Florida State Attorney's Office has PDF files available with Angela Corey's prepared statement and the Issue Capias charging Zimmerman with one count of second degree murder.
"COUNT I: 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 TRA YVON 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 Sections 782.04(2), 775.087(1) and 775.087(2), Florida Statutes."
http://www.sao4th.com/press_releases.php?view=true&goto=812&name=Speech-Regarding-George-Zimmerman-by-Angela-Corey
http://www.sao4th.com/press_releases.php?view=true&goto=810&name=George-Zimmerman--Issue-Cap
(Excerpt) Read more at sao4th.com ...
The Statute reads:
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—Looking at the text of the law, it would seem that it's the job of the prosecution to convince the judge of the validity of their "probable cause", rather than the job of the defense to convince the judge of self-defense. At trial, the prosecution would have the burden of proof of showing, beyond a reasonable doubt, that it was NOT self defense.(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.(3) The court shall award reasonable attorneys fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Then again, when has the plain text mattered to the legal system?
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