Also, there is no evidence that Zimmerman was "beaten" by Martin; there are no marks on Martin's body to indicate that he had instigated or engaged in a fight, or even to indicate that he was trying to protect himself from an attacker. There is evidence that Zimmerman's head hit the ground and that something hit Zimmerman's nose (but not with enough force to break it, which I'm sure Martin could have done if he wanted and/or had the chance) but no evidence that Martin's actions caused those injuries. Both of those things can be explained by Zimmerman pulling Martin from behind to the ground, from the force of the gunshot knocking Zimmerman's hand into his own nose and his own head onto the ground, or from being knocked over by Martin falling to the ground if he was shot while standing.
And no, home is probably the last place I would run to because now my potential attacker also knows where I live.
If someone broke into your house, do you have to run away if you can? Or can you bash his head into the concrete? Never mind. Things are different in TX Acquitted Texas man who shot prostitute after she refused sex was just 'protecting himself from theft': court - NYPOST.com
1. Yes, he hasQuote:
The Huffington Post: "George Zimmerman is now charged with second-degree murder. ... Embedded in the second-degree charge are what are called 'lesser included offenses,' including ... involuntary manslaughter. ...
2. If it wasn't included in 2nd degree murder charges, neither the prosecution nor defense could request the judge go over the instructions. Because there wouldn't be any.Quote:
SECTION CHARGED OFFENSES
782.04(2) Second degree (depraved mind) murder
Manslaughter ? 782.07
CATEGORY 2Third degree (felony) murder ? 782.04(4)
Vehicular homicide ? 782.071
Culpable negligence ? 784.05(2)
Aggravated battery ? 784.045
Aggravated assault ? 784.021
Battery ? 784.03
Assault ? 784.011
I don't know how else to explain it...if he's guilty of 2nd degree murder, he also guilty of manslaughter, etc. If it wasn't included in the original charges, it would now be a separate crime subject to new charges.
If the prosecution pushes it, it would look like he felt he hadn't proved the 2nd degree murder charge but perhaps a lesser charge.
If the defense pushes it, it would look like he felt that the prosecution had a strong case and maybe his client could be found guilty of a lesser charge.
Second Degree Murder - Law Firm Arnold & Sichta, LLC Attorneys Jacksonville, FloridaQuote:
Understanding a second degree murder can be more confusing than the more serious first degree murder. The "criminal act" reference in the statute must be a single event or series of related actions arising from and performed pursuant to a single design or purpose of committing the murder or creating the dangerous condition that led to the death. Although second-degree murder can carry a potential incarceration of up to life in prison, the death penalty cannot be imposed on a person found guilty of second-degree murder.
Whether a Defendant's actions could have been reasonably foreseen as endangering a human life to the point of warranting a prosecution is a question for the jury and where a skilled defense lawyer can be most helpful. Examples may include the negligent supervision of a child or of the elderly by an adult, or other reckless behavior that led to the death of another person.
Unlike in a first degree or felony murder prosecution, a grand jury does not need to indict the defendant before a prosecution may begin. Second degree murders often are decided on the "common sense" of the jury. Whether a person's actions amount to the requisite intent or recklessness to warrant conviction is often left up to the jury's determination.
The defense of a second degree murder often comes from a defense's argument that the death was justified, excusable, or was self-defense.