Also, P-M, it appears the prosecutor has over-charged on this one. If I understood a radio interview I heard yesterday correctly, in Florida 2d degree means they have to prove depraved indifference.
I simply don’t see how that can be done. The only thing they have is that he was following the kid for a bit. And as a neighborhood watch participant on duty, that was his job.
His injuries and eyewitnesses all prove there was a struggle with Jorge getting the worst of it. No depraved indifference there, either.
>> in Florida 2d degree means they have to prove depraved indifference.
...and the operative word there is *prove*. Mass media-style hysterical innuendo won’t cut it. It must be proven beyond reasonable doubt and that’s a high bar to clear.
Personally I think she overcharged just hoping *something* would stick. Sort of like asking for a pony for Christmas knowing you won’t get it but maybe you’ll get the B-B gun. So maybe she’ll get manslaughter out of it (and can parlay that into her next political office).
The key element in this one is going to be the judge. Dear God, let it be an honest, impartial, and skillful one. There’s a lot hanging in the balance.