Yeah, that's the bottom line.
Snip...
I had to ask that question to figure out what we agree on, and we agree on that point. I believe also that the shooting would've almost assuredly been avoided if Zimmerman had stayed in the vehicle.
However, if what you're mostly concerned with are the actions of the police both during and subsequent to the events, the vehicle is a total non-issue, as Zimmerman was already on foot by the time the issue of following Martin came up by the non-emergency dispatcher (there never was a 911 operator involved with him), and he was following on foot, not in his car.
Personally, I don't see the relevance of the Chief of Police stepping down, temporarily or for good. That was a political decision as far as I can tell. The way I analyze it, he's kind of the fall-guy in this, as the cops wanted to press charges that night, but the prosecutor's office said no, the case for criminal activity couldn't be made with the facts as they knew them at the time. The Chief stepped down while under the microscope of the media and Sharpton et al several weeks after the prosecutor took the charging decision out of his or his department's hands. It had nothing to do with any facts that the cops missed or mishandled, it's just that sh!t rolls downhill, and in that hierarchy, the prosecutor dumped his load on the Chief's head....umm....so to speak. LOL
While it is true that none of us knows for sure who confronted whom that night, the available evidence that is in the public domain strongly suggests that Martin confronted Zimmerman while he was on his way back to his vehicle. The available evidence also strongly suggests that it was Zimmerman screaming for help for 20-some-odd seconds before the shot could be heard on the 911 recording of a neighbor's call. Martin's own father excluded Trayvon as the voice yelling for help before he knew that that conclusion helped Zimmerman's case. Martin Sr. has since changed his story and now swears that's Trayvon yelling, while the Zimmerman family members have identified the voice as being George's from the beginning and, obviously, have not changed their story in that regard.
No one has uncovered a FL statute that makes following another person illegal in any way. Following is not, as far as any of us knows, a form of harassment or, in and of itself, a valid rationale for feeling threatened and "standing your ground" against that "threat." If Zimmerman did make the first contact, even by being overly-assertive, by saying something like, "Hey you! What are you doing here?" Martin would have no legal grounds to go on the attack. The only thing that would give him the legal authority to attack would be if Zimmerman either made the first physical contact, or showed his weapon or verbally threatened him that he'd shoot if he didn't stop, but nothing like that is consistent with Zimmerman ending up on his back with a broken nose, having blows delivered "MMA style" (according to an eye-witness) and his head being bashed against the concrete for 20-some-odd seconds before deciding to fire a weapon that he ostensibly had already drawn or announced his intentions to use. Does that scenario make sense to you? If it doesn't, and it doesn't to me, then it probably isn't true. If exiting a car and following a subject isn't illegal, and the person being followed decides to attack the follower, it is the person being followed who is the initial aggressor, not the follower. It may be counter-intuitive, and we and the jury and the cops and the judge might all agree that exiting the vehicle was a mistake, but if it wasn't a mistake that rises to the level of being a violation of the law, then Zimmerman
should be afforded all of the protections of the self-defense and/or stand your ground statutes that apply to the facts of his case.
Always glad to discuss any issue with you fstroupe. If you have a problem with the above analysis, let's hear it. Otherwise, take care, talk again soon.
Blues