So much ignorant rambling on this thread (no so much, that it forces me to troll it unmercifully, but we'll see...): "I think it should..." "I would have..." "the law should..." ect. So much Monday-morning quarterbacking, it makes me physically ill.
The law isn't what you want it to be, the law (usually) what you think it is, the law dosen't have to make sense, and the law dosen't even have to be fair or just.
The law is what
the law is.
"Use of force" law is just like copyright law, in that, it is a very complicated and nuanced, where normally simple questions have very long, complicated, and sometimes even
varying answers, depending on jurisdiction. However, no one has ever died copying that floppy and all copyright-law actions a adjudicated in a safe, clean, well-lit courtroom, while on the other hand, "use of force"-law applies exclusively to that murkiest of grey-areas: "THE STREET", which later, has to be later sorted out in that same safe, clean, well-lit courtroom, after the fact.
IANAL and IANYL, but I have, because of my old work (armed slot-route security and armed private security) I have both training and experience that a normal person (even a normal gun-carrying person) does not have, nor is expected to have. In addition, I have two "use of force" incidences of my own under my belt (which is not a lot, compared to say... an actual police officer working in gang-land, but
I've been there.). Which makes me a (lay-)expert on "use of force", as much as Vinny's girlfriend from the (fictional) movie My Cousin Vinny, was an (lay-)expert on cars.
So 'yall shut up. I'm expert-ing all up in this bitch!
---------------------------------------------------------------
It is my prediction and opinion that; unless
significant political pressure is brought to bear, Zimemrman will not be charged with a crime on the criminal-law side. However on the civil-law side, unless Zimemrman retains a
fantastic lawyer, he's going to lose the inevitable wrongful-death lawsuit in a big way.
---------------------------------------------------------------
This is why: based on the bits of facts that have been slowly filtering through the media, Zimemrman made several mistakes in following Trayvon, which
in themselves are not illegal, such as the act of following Teryvon itself, or Zimemrman brandishing his gun (by lifting his shirt to show it), but they will be what will probably cause Zimemrman to lose the wrongful-death civil case. The entire situation turns around on the crininal-law side, when Trayvon confronts Zimemrman. The crux of the "use of force" of this indecent, in that, a person who is armed getting punched and the head and
potentially knocked-out, justifies use of deadly self-defense against the other person who is doing the punching. While I would like to know why some guy is following me, and personally, -I- would stop and question
while I'm on the phone to 911 dispach. -I- would also absolutely NOT get physical with the guy following me unless he threw the first punch. Treyvon is
under no circumstances justified in attacking Zimemrman, even if Zimemrman was acting like a jerk.
The legal reasoning is convoluted, but please bear with me:
Since the dawn of time, when two people who are not armed, are engaged in a fistfight, usually it's the one who is bigger, or stronger, or most-skilled, or any combination of the three who will win. However, since the advent of firearms, the math has changed significantly; when two people who are engaged in a fistfight and one of these two are armed, the one who is bigger, or stronger, or most-skilled, or any combination of the three; DOSEN'T MATTER ANYMORE. A fistfight with a person with a gun isn't a fistfight anymore; it's a gunfight. It's whoever ends up with the gun wins. Like that Ash line from Army of Darkness: "Good. Bad. I'm the one with the gun." (or alternatively: "God made man, but Samuel Colt made them equal ", but I don't like that quote...).
Getting punched, in itself, is not justification for utilizing deadly "use of force". Getting punched in the arm, kicked in the leg, ect hurts, but isn't enough justification for shooting someone. HOWEVER, getting punched in the head (or a male kicked in the testicles) is a different story. Any, punch to the head could potentially cause a concussion which lead to unconsciousness. When you are in possession of a firearm and you
lose consciousness, you
lose possession of that firearm (I had a coworker who was fired, on the spot, for this very reason. I had to take over his shifts afterward, in fact. That sleepy bastard.).
It's important for this opinion, to understand the concept of "possession" in regards to firearms in "use of force". It's a pretty complicated area of law, but to avoid long digression, I'll simplify it for this
one case in this
one incident; whoever is capable using the gun by having the attribute of (this is
important)
not being knocked out, has possession of the gun at the end of the fistfight. As Travon has already seen the gun and if Zimemrman is incapacitated, all Trayvon has to do is reach over and pick it up.
There is another important aspect of "possession" when it comes to firearms, in that; when a person who is in legal possession of a firearm loses it to a second person, the first person is in -all cases- morally, and some cases legally, responsible for what that second person does with that firearm. For instance: that firearm is used by the second person as an element in a robbery or tool for murder, the first person can be charged as an accomplice, or even be charged
for the same crime as what the second person did.
Example: me and a friend are sitting in the living-room and talking. I show my friend my handgun in my possession and we talk about that, I put it down on the coffee table and walk into the kitchen with my friend still in the living room. While I am in the kitchen, I am no longer in possession of my handgun. It's still mine. I own it, but I am no longer in control of it, as I am in a different room. If my friend picks it up, I am responsible for what my friend does with my handgun, as I allowed him to get possession: if he takes it, walks out the door, and robs a store with it, I am an accomplice in that crime (even if I had no intention of committing any crime with my handgun).
So, all the above is part of the following legal reasoning: Zimemrman has a damn-good reason to not lose his firearm by being -not- knocked-out by someone who wishes him harm, and is in fact, already has him on the ground and
is currently punching him in the face. Legally; if Zimemrman is unconscious, because Trayvon succeeded in knocking-out Zimemrman, Trayvon has possession of Zimemrman's gun (this is a BAD THING).
Getting to the point: Zimemrman does not have legal right to deadly "use of force" for simply getting punched, but when he was getting punched (this is a important but subtle difference) in the head where he could potentially get knocked out, and thus lose possession to Trayvon, is the flag that allowed Zimemrman the legal right to deadly "use of force" in this incident.
What Trayvon would have done with Zimemrman's firearm in unknown and
unknowable, but ultimately
immaterial. Zimemrman had already brandished, I.E. showed, his firearm (a "use of force" no-no, btw) to Teryvon before the first punch was thrown, so Treyvon knew it was there. So why would you attack an armed man?
Treyvon's "
correct" actions were to
A): call the police and have them sort it out, or
B): make no action and wait for the police to sort things out, because Zimemrman had already called them, or
C): walk away (even
with Zimemrman following at a distance, which again; is
not illegal!).
He instead, did
D): try to PUNCH A MOTHERFUCKER OUT. Which, in this particular case, is enough to justify Zimemrman to legally utilize self-defence via deadly "use of force".