27
   

The State of Florida vs George Zimmerman: The Trial

 
 
revelette
 
  2  
Thu 12 Sep, 2013 09:31 am
@BillRM,
So that little old man started pushing and shoving George who had a big body with him and that is what caused Shellie's dad nose to be scratched up? Get real. Your boy George lost his temper again like he has done many times before and hauled off and punched his father in law in the nose and threatened both of them. They had agreed before hand that Shellie could get her belongings, so she wasn't trespassing in the house her dad owns in the first place. Shellie didn't file a complaint because she just wants the divorce to go quietly. I can understand, but I doubt it will.
firefly
 
  3  
Thu 12 Sep, 2013 09:34 am
@hawkeye10,
Shellie Zimmerman's lawyer said,
"Sims ( divorce attorney Kelly Sims) said he bore some of the blame for the dustup because he told Shellie Zimmerman she didn’t need to ask police to accompany her to the house. “It’s my fault,” he said."

And you concluded...
Quote:
as in this was wrong legal advise, she was trespassing, and George had good reason to be pissed off about it. I am usually right.


No, you're not usually right, and you're not correct in this instance either.

This had nothing to do with any sort of trespassing. Apparently Shellie's father owns that house, and it can be considered Shellie's residence as well, even though she's not staying there currently. Trespassing was never an issue.

Shellie and George Zimmerman had agreed he would not be home when she went there to retrieve her belongings. That's the reason that Kelly Sims, Shellie's lawyer, didn't think she needed the police to accompany her, to be sure she'd be safe from her husband, because he wasn't supposed to be there. But George showed up unexpectedly.

It was George Zimmerman who provoked the entire incident, both by unexpectedly showing up and confronting Shellie, and by his actions toward her and her father once he got there.

Like the Trayvon Martin incident, when George recklessly followed Trayvon, George provokes by intruding himself into situtions he should stay out of, and he does that because he can't control himself, or his obsessions. And, like the Trayvon Martin shooting, this entire situation Monday was avoidable, if George Zimmerman had just kept himself out of it, and stayed away from the house while Shellie was getting her things, as they had arranged.
Quote:

•Shellie Zimmerman said that during the argument, George “reached his hand into his shirt to what she assumed was a gun.” She said he told her father, “Step closer,” and he responded, “What are you going to do, shoot me?”

•A witness, identified in the report as Eugene Johnson, told police he saw George Zimmerman “very aggressively” reach for what he thought was a gun and tell his father-in-law, “Come towards me, you are threatening me.” However, he did not actually see a gun.

Police said no gun was found on George Zimmerman and his wife and other witnesses later said they had not actually seen a firearm.

Home security video released by police shows George Zimmerman's estranged wife, Shellie, recording George with an iPad. Authorities say footage retrieved from the damaged device could affect whether charges are filed in a reported domestic dispute between the pair. NBC's Kerry Sanders reports.

The woman who was with George Zimmerman told police there were licensed guns in the car — but police have said they had no probable cause to search the vehicle.

At the press conference, Sims said Shellie Zimmerman had seen an empty package for a cross-body holster inside the house and assumed her husband was carrying a concealed weapon and was gesturing toward it as he made threatening comments.

"Shellie had a valid reason why she believed George was armed," said Sims.
http://usnews.nbcnews.com/_news/2013/09/11/20439053-shellie-zimmerman-lawyer-she-believed-george-was-armed?lite

It is not hard to imagine how George Zimmerman might have similarly provoked Trayvon Martin prior to shooting him.

No matter how "pissed off" George Zimmerman gets, he cannot continue to go around threatening and menacing people--he's either going to kill another person, or he'll wind up dead.

You are wrong--there is no good, or justifiable, reason for George Zimmerman to continue to behave like this toward other people, and to continue getting away with it.

And he is too reckless, and unstable, to be carrying a gun.

0 Replies
 
firefly
 
  1  
Thu 12 Sep, 2013 09:55 am
@BillRM,
Quote:
I do not think that Zimmerman slug his father in law in the face however.

Is that just wishful thinking on your part?

His father-in-law did have a mark on his nose.

Quote:
and the domestic laws was written not to cover child abused or conflicts between a man and his father in law but mainly partners violence.

The domestic violence laws cover incidents between family members. That includes a man and his father-in-law. And, in the past, George and Shellie Zimmerman had lived with her father--as a family.

As usual, you don't know what you are talking about.

This incident on Monday would come under domestic violence law.
BillRM
 
  0  
Thu 12 Sep, 2013 10:22 am
@revelette,
Quote:
Your boy George lost his temper again like he has done many times before and hauled off and punched his father in law


Zero proof of that but dream on.
BillRM
 
  0  
Thu 12 Sep, 2013 10:26 am
@parados,
A father in law would not normally be cover but dream on. It is design to cover couples not in-laws.



(
Quote:
3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

hawkeye10
 
  1  
Thu 12 Sep, 2013 10:27 am
@BillRM,
BillRM wrote:

Quote:
Your boy George lost his temper again like he has done many times before and hauled off and punched his father in law


Zero proof of that but dream on.

georges story is that dad bull rushed him and that soon to be ex hit him in the back with the iwhatever.....there is camera for at least some of this confrontation, and george is not under arrest, which tells me that his story has legs.
BillRM
 
  1  
Thu 12 Sep, 2013 10:30 am
@hawkeye10,
Quote:
georges story is that dad bull rushed him and that soon to be ex hit him in the back with the iwhatever.....


My bet is that the wife is far more at risk of being charge if they can get that Ipad working then Zimmerman is.

Add the father in law if on the off chance that Paradox is correct and he is somehow cover by the domestic violence laws.
revelette
 
  3  
Thu 12 Sep, 2013 10:32 am
@hawkeye10,
If what you, Bill and George say is true, why was George the one detained instead of Shellie and her dad? The charges were dropped because Shellie dropped them.
MontereyJack
 
  2  
Thu 12 Sep, 2013 10:36 am
@BillRM,
BillRM says:
Quote:
georges story is that dad bull rushed him and that soon to be ex hit him in the back with the iwhatever


Gee, isn't it strange that people seem to be all the time coming out of nowhere and attacking George Zimmerman for no reason and of course he fears for his life (sarcasm alert)
0 Replies
 
firefly
 
  2  
Thu 12 Sep, 2013 10:47 am
@BillRM,
Quote:
My bet is that the wife is far more at risk of being charge if they can get that Ipad working then Zimmerman is.

How'd the ipad get broken BillRM? George did it--they have video of him destroying it.

George was trying to destroy the incriminating video Shellie had taken of his aggressive behavior. George was trying to destroy evidence--incriminating evidence against him--and he should be charged with that.

Why would he want to destroy the ipad if it showed anyone attacking him? Rolling Eyes
hawkeye10
 
  1  
Thu 12 Sep, 2013 10:59 am
@firefly,
george was taking out his anger at being attacked on the weapon he was attacked with (film also shows that she hit him with it). what, you would rather that he slugged the attacker?
firefly
 
  1  
Thu 12 Sep, 2013 11:00 am
Quote:
During the 911 call, Shellie Zimmerman can be heard telling the dispatcher that George Zimmerman was in his car with his hand on his gun “threatening all of us.”

“I don’t know what he’s capable of,” she said later. “I’m really, really scared.”

She later updated her story, telling police she never definitively saw a gun, and police said they never found one. George Zimmerman’s lawyer told reporters Monday that he did have a gun but “never took the weapon out.”

At a press conference Wednesday afternoon, Shellie Zimmerman’s lawyer Kelly Sims explained why she had “a valid reason why she believed George was armed” that day, pointing out that he wore his shirt differently than she was accustomed to, and that she’d seen packaging for a new holster.

“Anybody in the world that knows their husband’s always armed, has his shirt worn differently, has a brand new holster, where this would be where he is placing his hand, and he’s inviting some trouble, would know he’s probably armed,” Sims said. “You don’t want to take a chance. But add into that equation your husband happens to be named George Zimmerman. And what do you do?”

According to Sims account, the altercation occurred when George arrived at the home from which Shellie was retrieving some of her belongings, after he had agreed to stay away during that time.

Sims spoke about how Shellie felt as if her relationship with her husband was deteriorating even before the Trayvon Martin case, but that the relief and improvement she had hoped for in the wake of the not-guilty verdict never came. He also said that George Zimmerman had spent only three or four days in at “the marital home” since the trial ended.

Sims said his client wanted to get her side of the story out for the “world court” to see, but confirmed she still has no interest in pressing charges over the incident.

“The only thing that Shellie wants out of this ending of this relationship is it for end with a whimper, and not a bang,” he said. “That’s what she wants. She does not want there to be this kind of drama.”

“Shellie’s desire is to stay as far away from him as she can for the rest of her days. She wants to stay away as long and as far as she can from George,” Sims said later. “And hopefully he feels the same way about her. That’s why people get divorced. They don’t want to hang out.”

http://tv.msnbc.com/2013/09/11/zimmerman-wont-be-charged-anytime-soon-say-cops/



It's Shellie Zimmerman who needs a bodyguard to protect her from George...
0 Replies
 
hawkeye10
 
  2  
Thu 12 Sep, 2013 11:04 am
@revelette,
revelette wrote:

If what you, Bill and George say is true, why was George the one detained instead of Shellie and her dad? The charges were dropped because Shellie dropped them.

the default is to arrest the man, and his being detained amounted to him sitting in the car as they investigated to keep them seperated. if shellie had tried to leave she would have been detained as well. you are assuming that being detained had something to do with evidence of the guilt in a crime, when it did not, it was a tool for facilitating an investigation.
0 Replies
 
firefly
 
  1  
Thu 12 Sep, 2013 11:07 am
@hawkeye10,
Quote:
george was taking out his anger at being attacked on the weapon he was attacked with (film also shows that she hit him with it

There is no video that shows Shellie "attacking" him with the ipad--any more than there is video showing Trayvon Martin "attacking" him. The video shows George destroying the ipad.

George Zimmerman had no marks on his back from where he claims he was allegedly hit with the ipad.

George was trying to destroy the incriminating evidence against him that was recorded on the ipad. He should be arrested for destruction of evidence.

And George wasn't just "detained" he was made to kneel down by the police, with his hands behind his head, and he was handcuffed. That was not done to Shellie or her father. George was clearly regarded as the potentially dangerous party there.



0 Replies
 
BillRM
 
  0  
Thu 12 Sep, 2013 11:34 am
@revelette,
Quote:
why was George the one detained instead of Shellie and her dad?


Nonsense his wife stated that he had a gun and was using it to threaten them and that why they got him handicuff and check the situation out.

If there was any indication of domestic violence he would had been arrested at once never mind any indication that he was waving a gun around.
0 Replies
 
MontereyJack
 
  1  
Thu 12 Sep, 2013 11:38 am
You have a really inaccurate sense of what happens in cases of alleged domestic violence. There are far fewer arrests than the evidence at the time would seem to warrant.
firefly
 
  1  
Thu 12 Sep, 2013 11:39 am
There seems to be no doubt that George Zimmerman knew he was destroying incriminating evidence against him when he smashed and cut up Shellie's ipad.
Quote:
He knew he wasn’t supposed to be there,” attorney Kelly Sims said, referring to George Zimmerman, who was acquitted of second-degree murder in the death of Trayvon Martin in July.

Shellie Zimmerman, who filed for divorce from her husband last week, called 911 Monday afternoon from the house they’d shared in Lake Mary, Florida, during the run-in.

“He’s in his car and he continually has his hand on his gun saying ‘step closer' and he’s going to shoot us,” she told the dispatcher. Shellie Zimmerman also told police her husband smashed her iPad during the dispute, that he’d punched her father in the nose and that he had a knife.

Police arrived at the scene and investigated Monday, but at the time both Shellie Zimmerman and her father refused to press charges against her husband.

Shellie Zimmerman did not speak at Wednesday’s conference, but Sims said she’d gone to the Lake Mary home -- which is owned by her father -- on Saturday to get her belongings. However, Sims said she couldn’t get everything at that time, so she sent a text message to George Zimmerman saying she would go by on Monday to get the rest.

According to Sims, George Zimmerman told his wife via text message that he wouldn’t be at the house Monday when she stopped by. Sims said they were coordinating in order to avoid each other -- and a potential argument.

“George said ‘Call me when you are done,’” Sims said at the press conference.

But when she arrived at the home in Lake Mary, Sims said, George Zimmerman was there. Sims said that Shellie Zimmerman then called him, and he advised her to start videotaping the incident and to tell George Zimmerman loudly that she was recording him.

At Wednesday’s conference, Sims went on to read through a list of e-mails and text messages between Shellie and George Zimmerman, which allegedly show them coordinating Shellie Zimmerman’s visits to their home.

Sims also addressed Shellie Zimmerman’s assertion on the 911 call that there was a gun present. He said that she had a valid reason to believe George Zimmerman was armed.

“You know your husband. You know he always carries a gun,” Sims said.

http://www.hlntv.com/article/2013/09/11/jvm-shellie-zimmerman-press-conference


The police really didn't want to find the gun, otherwise they would have gotten a search warrant for his car. They knew the gun was in the car. I think they were very reluctant to find a reason to arrest him. Even the police really don't want to have to deal with this man, unless they absolutely have to.

Pressing charges against her husband would only prolong her involvement with him, and heighten her fear of what he might do to her in retaliation. She has good reason to be fearful of him--and to stay far away from him. The issue is whether he'll be able to stay away from her. He wasn't able to do that Monday.

He wasn't able to stay away from Trayvon Martin either...
BillRM
 
  0  
Thu 12 Sep, 2013 12:11 pm
@MontereyJack,
Quote:
You have a really inaccurate sense of what happens in cases of alleged domestic violence. There are far fewer arrests than the evidence at the time would seem to warrant.


BULLSHIT not in the state of Florida that is damn sure.

Arrest first ask questions later if there is any indication at all of domestic violence.

Hell I had a female friend who was arrested with her then husband both being charge with domestic violence at the same time and both being taken off to Dade County jail.

Let the courts and the prosecutors figure it out and cover our asses at the same time is the normal procedure of the police in the state of Florida.
BillRM
 
  0  
Thu 12 Sep, 2013 12:34 pm
@MontereyJack,
Quote:


http://www.shestokas.com/general-law/criminal-law/the-role-of-law-enforcement-in-domestic-battery-and-domestic-violence/


A domestic battery is a battery involving family or household members. Family or household members[1] are related by blood or marriage, former marriage, share or have shared a home, are dating or have dated, have a child in common and people with disabilities and their personal assistants.
A battery is an intentional, harmful or offensive unpermitted touching of another person. A battery takes place when one person touches another on purpose and without permission. A domestic battery is the unconsented touching of one family member by another.
A husband may be arrested for domestic battery for barely touching his wife. Barely touching your spouse, in a manner that she does not permit, is a battery. In many states a husband charged with misdemeanor domestic battery may be sentenced to jail for up to a year. If the battery has serious injuries or there are repeated offenses there may be felony charges, with possibly years in prison.
Police Action in Domestic Violence Situations
Family arguments can escalate to dangerous levels and lead to a 911 call. Often, the caller hopes the police will intervene to calm down the situation. Police officers are not counselors, or social workers, and should not be employed as such.
Police arriving at the scene of an alleged domestic battery cannot know how volatile the situation is at that moment, or was prior to their arrival. The officers have standard procedures to follow: separating the parties, conducting interviews, observing the scene, checking for injuries, providing information specific to domestic violence and more. However, nearly always someone will be arrested.
Police are not Mediators or Counselors

Police officers cannot know what may happen if they leave the parties together. A situation may have cooled down during the time it takes for a 911 response. The officers have only one real power, the power to arrest. The only way police can be certain the parties will be safe when the police are no longer present is to arrest one of them.
It is unwise to expect the police to arrive and act as mediators or counselors. Someone will be arrested. No officer wants to leave the parties together only to be called back later to find something worse has taken place.
The argument between family members now moves to a new location, the courtroom. One of them is now a criminal defendant.
Court Action in Domestic Violence Cases
Most state prosecutors have attorneys that specialize in cases involving domestic relationships. Though the relationship of the parties alters the dynamics of the case, the technical legal process for a domestic battery is no different than any other criminal case. The party charged with domtestic violence must be proven guilty beyond a reasonable doubt.
The person who called the police, because she was a victim, often believes that if she wishes the case to be dismissed, then it will be. That is not the situation. Once it gets to a courtroom, the case belongs to the prosecutor. The party arrested is in need of a criminal defense attorney. His fate is in the hands of the judge.
Prosecutors and Judges are not Social Workers
The title of the case in the courtroom is “People of the State versus Defendant”. Whether the case goes forward is the prosecutor’s decision. The prosecutor is in the same position as the police officer. He is neither counselor nor mediator. His job is to seek justice for criminal activity. No prosecutor wants to dismiss a case at the request of the victim, only to have another, perhaps worse, event take place in the future. Thinking the prosecutor’s role is to intervene to make things better in a home situation that has become violent is a mistake.
Once in court an alleged victim may regret having her significant other being a criminal defendant. Victims often hope their partner will get counseling to avoid future problems. They are seeking help. In many instances the judge can and does order such counseling. The orders come at a price.
Generally, the only way a judge has power to order counseling for issues like domestic violence, substance abuse or anger management is if someone has been found guilty of a crime. The result provides the counseling, but at the price of a criminal conviction. Judges are not counselors or social workers either.
Get Counseling Before Getting Arrested
If there appears to be a potential for violence in a relationship between people who care about each other, they should try and resolve the matter before it becomes a criminal case. Neither the police, nor state’s attorneys nor judges are geared to be social workers or counselors. Though none wish ill to a family, they have specific jobs to do.
Law enforcement professionals must work with the tools that they are given. The tools are those of coercive state power. It is important to understand the roles and limitations of those in the legal system.
It is better for the parties to work things out if they can, and get counseling before someone winds up in jail, which will forever alter everyone’s life. The National Resource Center on Domestic Violence can provide contact information for local resources. Since there are many more female victims than male victims of domestic violence, resources for women predominate. The Domestic Abuse Helpline for Men and Women has resources for both sexes.
There is value in an appreciation of the roles of those in the criminal justice system, but in an emergency, there should be no hesitation to dial 911.

[1] The definitions of “family member” or “household member” are found in a state’s domestic violence statute, and do vary between the states. For examples, see 720 ILCS 5/12-0.1 in Illinois or in Florida at F.S. 741.28.
13
- See more at: http://www.shestokas.com/general-law/criminal-law/the-role-of-law-enforcement-in-domestic-battery-and-domestic-violence/#sthash.nCCEAIBK.dpuf
0 Replies
 
firefly
 
  1  
Thu 12 Sep, 2013 12:50 pm
@BillRM,
Quote:
Let the courts and the prosecutors figure it out and cover our asses at the same time is the normal procedure of the police in the state of Florida.

Not when it comes to George Zimmerman...

That's why it required weeks of protests to get him arrested after he killed Trayvon Martin.

On Monday, the police found no one seriously injured. But the issue was whether he was threatening to shoot someone. But, by the time the police arrived, he did not have a gun on him, so they weren't obligated to arrest him.

The police avoided getting a warrant to search his car--they knew he put his gun in there. They don't want to get entangled with Zimmerman unless they absolutely have to--he's toxic, even for the police, who don't want to have to deal with all the media attention he kicks up. And they likely don't want to put his wife in even more danger by forcing her to testify against him, if she doesn't want to. They know this guy is a loose canon. Mark O'Mara knows that too, which is why he just dumped George Zimmerman.

And Zimmerman deliberately destroyed incriminating evidence against him that his wife had on her ipad. But, since they can't prove what was on the ipad, unless they can retrieve it, it's difficult to charge him with that as well.
If they can retrieve the video, they may well charge him with attempting to destroy evidence.

Shellie Zimmerman really needs a bodyguard to help protect her from her husband.
Quote:
Hell I had a female friend who was arrested with her then husband both being charge with domestic violence at the same time and both being taken off to Dade County jail.

Is that what happened to you and your first wife--you were both arrested?

Your first wife did get a restraining order against you, for domestic violence, and you never appeared in court to defend yourself from her charges.




0 Replies
 
 

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