@BillRM,
Quote:Once more not a damn mark on him but for the one bullet wound
In my mind, that means Zimmerman made no attempt to defend himself with equal force--he immediately resorted to the use of deadly force.
Zimmerman was not physically outclassed by Martin. He might have been a few inches shorter than Martin, but he considerably outweighed him, and he was not incapable of responding with less than deadly force. This was a fight between two people on a public street. Why shouldn't it have remained a hand-to-hand fight? Why did Zimmerman not fight back? Why did he need to use deadly force? Shouldn't the use of deadly force aways be a
last resort?
I'm not sure that, in this particular situation, the use of deadly force, against an unarmed person, is justified in response to a punch in the nose or being knocked down.
I found this post on a concealed carry, pro-gun, Web site which supports that view.
Quote:Should I Shoot Someone IF They Are Unarmed?
There are a lot of things to consider with the given scenario "can I shoot an unarmed person if they want to fight me?" You have to decide what you want to do and be prepared for the consequences plain and simple.
If you think doing 3 to 5 years hard time in a state penitentiary for manslaughter is no problem, then by all means shoot that unarmed guy who picked a fight with you because he feels you slighted him somehow.
State prison is full of people who made the wrong decision in when and under what circumstances to use their firearm. They aren't bad people, they just made a poor choice when they thought that using their gun would be on solid ground.
You can sit on the witness stand crying all day long saying how that scary looking guy who turned out was only two years younger than you and considered to be about average size and shape could have hit you in the temple and killed you... may have been able to strike you in the trachea and crush your larynx and all sorts of hypothetical outcomes until you are blue in the face. At the end of the day... the law and the courts "generally" frown on those who pull a gun and shoot an unarmed person who was foolish enough/drunk enough to pick a fight with someone they didn't know was armed.
Now, with that said, are there circumstances where shooting an unarmed person is excusable? Absolutely, but they are relatively rare and few in the numbers of situations. Your hypothetical explanations of "well he could have hit me here and that may have done this to me" is not going to be a satisfactory answer to a grand jury or a jury of your peers.
Getting a broken nose and some bruised ribs or a black eye or maybe a tooth knocked out is "generally" not considered to be a life threatening injury or even a serious crippling injury no matter how much you say that hypothetically you could have gotten a detached retina from the black eye, or you could have choked to death if you swallowed that broken tooth.
These are the facts... You have a gun! The other guy doesn't! You know you have a "stacked deck"... the other guy doesn't know you have a gun until you pull it out and shoot him with it! He believed he was fighting another unarmed guy!
Bullies, drunk or otherwise who like to fight people, don't pick fights with people they knew beforehand to have a gun! Therefore the prosecutor in the criminal case or the attorneys for his estate in the wrongful death case will argue the "unarmed victim" you killed may have been drunk, and may have been a bully... but he thought he was fighting a man "on common ground" and it did not warrant being shot down in a fixed and unfair fight! (May not be 1st degree murder, but probably good enough to send you away for a few years for involuntary manslaughter!)
The courts will hold you to a higher standard of care to avoid the situation, walk away and maybe even going to extraordinary means in not bringing your gun out even if the guy manages to hit you a few times.
Again, are there circumstances where shooting an unarmed person justifiable? YES! But you are on very shakey ground. If you are going to claim there was a "disparity of force" you should have some very compelling reasons that are clear and obvious to the court or grand jury. (Hypothetical explanations are really not going to be acceptable.) Disparity of Force is not just a loose term to throw out in court. You must be able to clearly show the factors that pertain to that disparity in order to convince a jury to excuse you for taking the life of an unarmed person. There has to be some accountability for taking someones life.
It is for that reason I strongly recommend people really understand the laws, how the court system works and know specific details of how lethal force is used and justified
http://www.defensivecarry.com/forum/reference-how-forum/30503-should-i-shoot-someone-if-they-unarmed.html
I also found similar responses on other concealed carry Web sites--that in situations such as the one Zimmerman was in, deadly force is not generally justified simply because someone punches you or because you fear being beaten up by someone who is unarmed.
Trayvon Martin wasn't trying to commit a felony like robbery, kidnapping, sexual assault, etc. on George Zimmerman, that might justify the use of deadly force. It was a fight between two people in a public place following a confrontation.
And it is possible that Zimmerman directly provoked that fight by grabbing or trying to hold Martin until the police got there. The reason Zimmerman kept following Martin was because he didn't want him to get away--that's fairly clear from what he said in his 911 call. And the last thing the friend Martin was talking to on the phone heard him say was, "get off me, get off me," after Zimmerman confronted him, which might indicate Zimmerman grabbed him or grabbed at his clothing--something that might not leave marks on a body, but which might reasonably provoke a frightened 17 year old to respond by fighting in self defense. If Zimmerman did provoke in that way, the use of deadly force, in a fight he essentially started, would not be justified.
But, even hypothetically assuming that Trayvon Martin threw the first punch, because he was pissed at this "creepy and crazy" guy for following him, I'm still not sure that deadly force was necessary or justified without at least some attempt on Zimmerman's part to respond with equal force before he whipped out his gun--and that's what those concealed carry Web sites seem to say also. But the lack of marks on Trayvon Martin's body suggest Zimmerman made no attempt to defend himself with less than deadly force. I'm not sure that a punch in the nose and two very small gashes on the back of his head will be enough to convince a judge Zimmerman imminently feared death or grave bodily harm if he didn't fire his gun into this unarmed kid.
It will be interesting to learn exactly what statements Zimmerman made to the police regarding exactly why he drew and fired his gun--and in what order he made those statements. Some of what he said was apparently conflicting and other things were just not credible--the police felt that way the night of the shooting, and the prosecutor reiterated that last week by asserting that his statements--his "confession"-- are part of the evidence they will use to convict him.
You think you know why Zimmerman fired his gun--you don't. You've never heard it directly from Zimmerman, and his complete statements to the police have not been released to the public. Apparently, what's in those statements didn't fully convince law enforcement, even immediately after the shooting, that this was justifiable self defense. That's why they wanted him arrested and charged with manslaughter.