Blazermaniac wrote:
MissDivaDoll wrote:

No, it doesn't matter who initiated it because Zimmerman followed the kid after being told not to by the cops, and then confronted him about what he was doing there, thereby creating a situation of confrontation. If you follow someone that you deem suspicious and a threat AFTER you've been told not to, and then you confront them, YOU have created the hostile situation that did not have to happen. Doesn't matter if the person you're following hit you first, YOU created the situation by not staying away and by confronting someone whom you don't know and that you claimed as suspicious.

IF Trayvon attacked first, (and I doubt that) it was because he felt threatened at this strange man following him first, which sounds completely reasonable and could still be deemed self defense.

Sorry, I very much disagree - the possibility of Trayvon attacking first if nothing else would seem to hurt the argument that this was somehow premeditated or intentional.  Which is why the DA seeking a conviction for second degree murder has taken a gamble.
It does not have to be premeditated -- that would be first degree murder.  To prove second degree murder, they just have to prove that Zimmerman acted according to a "depraved mind" in showing a lack of regard for the other human's life. 


To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant's intent to kill.

... Florida uses this law to deter and punish unintended deaths as a result of felonious activities.

I don't think it's a stretch at all to argue that Zimmerman acted with enmity towards Martin.


Edited By: Semirhage626 04/23/2012 2:31 PM. Edited 1 times.