elbuckeye28;1470346 wrote:I think your argument is valid in a general context of reasonable responses given the situation. This is why I don't think either individual is a "bad" guy in the situation. Both made mistakes (Zimmerman didn't HAVE to follow, Martin could have gone straight home and not confronted), but both probably made decisions that seemed reasonable given the situation and their interpretation. I think this has become a false dichotomy of "good" vs. "evil." It's more of two flawed individuals make errors, and we have the benefit of analyzing these errors post-hoc.
That being said, from the legal standpoint of this case, the poor decision making of both parties is for the most part, irrelevant. While Zimmerman didn't HAVE to follow and Martin didn't HAVE to decide to not go straight home, they did not HAVE to do the alternative. They were both within their rights to respond as they did until the point of the confrontation; however, they core of the case revolve around the decisions once they physically met. While hindsight would leads us to conclude they should have not have done this but instead should have done that, the major issues revolves on whether the death of Martin was a result of murder beyond a reasonable doubt. In particular, this murder charge in contrast to the reasonableness of Zimmerman to use self-defense, specifically fear of death and/or great bodily harm in this case, given the confrontation that occurred. Thus far, even the prosecution has conceded that Martin was on top and inflicting blows to Zimmerman. I have a hard time seeing the evidence point refuting the self-defense claim, let alone meeting the standard of guilty beyond a reasonable doubt.
I any type of ground confrontation it is reasonable to infer that at one point both may have been on top so Zimmer could have been as well, albeit briefly. They are not refuting that TM was on top raining down punches on Zimmerman. I would think that would be reasonable if someone came up to me, following me with a gun. If a scuffle ensues I am trying to pummel him to no end. You are not going to just hit a few times and hope that is enough and take off. Martin, being the punk they say he is, probably has been in more scuffles like that and was more experienced.
No way should he be convicted of murder in this case. Even though he should not have followed him, he should not be charged with murder since this scuffle came around and he was getting beat up pretty good. At that point when he is getting repeatedly punched Zimmerman was defending himself.
But damn.....if he had just listened to the 911 operator who told him to stop following the person.
I agree with others though who say that the media has done this a big time disservice. Whether it be editing out the 911 call, to showing the pic of TM when he was a kid to get public opinion to rain down on zimmerman that he killed this innocent looking kid.