Regarding the Trayvon Martin – George Zimmerman affair

 

 

 

 

 

 

From the 2012 Florida Statutes

 

Title XLVI CRIMES

Chapter 776 JUSTIFIABLE USE OF FORCE

 

76.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

 

Q: Was Trayvon Martin illegally entering a home? A: No.

 

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle 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 entering or attempting to enter was a law enforcement officer.

 

Q: Does any of the above apply to Trayvon Martin? A: No.

 

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

 

Q: Did Trayvon Martin have the right to be where he was, and does this law apply to him as well as to George Zimmerman? A: Yes.

 

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

History.—s. 1, ch. 2005-27.

 

Q: Does any of section five apply to Trayvon Martin? A: No.

 

The Neighborhood Watch Rules of Sanford, Florida, have  been removed from the City's web site; however, according to Florida and National Neighborhood Watch rules,

 

1. Members of a Watch do not have the right to carry firearms.

 

Q. Was George Zimmerman in violation of this rule? A. Yes.

 

2. Members of a watch are not to approach a suspect in person but to report such suspect.

 

Q. Did George Zimmerman report Trayvon Martin as a suspect to the 911 headquarters? A. Yes.

 

Q. Was he told not to follow Trayvon Martin? A. Yes; he was told, “We do not need you to do that [to follow Trayvon Martin].

 

Q. Did he follow Trayvon Martin in violation of his instructions? A. Yes.

 

Q. Did he approach Trayvon Martin? A. Yes.

 

Q. Did he initiate the confrontation with Trayvon Martin? A. Yes.

 

Q. Did Trayvon Martin know who George Zimmerman was? A. No.

 

Q. Did Trayvon Martin have the right to defend himself against George Zimmerman according to Florida law? A. Yes.

 

Q. Was Trayvon Martin armed? A. No.

 

Q. Was George Zimmerman, given the situation, the law, and the rules, justified in shooting Trayvon Martin?  A. No.