Re: Martin,
there was a witness to the violence. It wasn't some made up story like you are pretending. Forensics also corroborated.
The main difference is the guy with the gun was not attacked by the unarmed person of color this time. The Fedex driver is an actual victim, not an assailant.
I read the witnesses account and I didn't see anywhere where he stated who started the fight? Can you point it out to me?
I agree that the witness corroborated Zimmerman's testimony that Martin was finishing the fight before being shot and that Zimmerman was going to be/was being harmed.
What I do not agree with is giving Zimmerman a pass for his responsibility in this. He was an armed adult who stalked a teen going home and then ended up in a physical confrontation that killed said teen. He could have stopped this chain of events multiple times. He was told to stop it by the 911 operator and didn't.
And just to spell it out clearly by the law:
776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
The witness has no idea if Zimmerman initially provoked the use of force. If an angry Martin confronted Zimmerman and Zimmerman brandished his gun threatening Martin, he wasn't going to state that he was illegally brandishing in court. Martin is dead so no one can contradict him. He can just claim subsection 2(a) - Martin was the aggressor and he didn't shoot until Martin had him pinned.
If Zimmerman
had provoked Martin by brandishing his firearm by that very same law Martin had every right to use deadly force on Zimmerman:
776.012 Use or threatened use of force in defense of person.—
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
Martin was in a place where he had a right to be. He was unarmed and Zimmerman was armed. Martin could have easily thought he would be shot in the back if tried to flee from the armed man who had been stalking him so his only choice was to close the distance and fight (
using deadly force) which the law explicitly allows.
Because Martin is dead we'll never know exactly what transpired but it's not beyond reason to think it probable that a frightened angry Zimmerman brandished a gun and threatened Martin, especially considering he was reported to police for doing just that:
George Zimmerman girlfriend who accused him of breaking her stuff and brandishing a weapon wants to reconcile, claims police "intimidated" her into giving a statement.
abcnews.go.com
Dec. 9, 2013— --
George Zimmerman's girlfriend who called Florida police to say he was breaking her stuff and
was brandishing a weapon no longer wants to press charges against him and instead wants to get back together with him.