Judge: Jury Can Consider Manslaughter Charge in Zimmerman Trial

Image: Judge: Jury Can Consider Manslaughter Charge in Zimmerman Trial

Thursday, 11 Jul 2013 09:30 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

In an unmistakable setback for George Zimmerman, the jury at the neighborhood watch captain's second-degree murder trial was given the option Thursday of convicting him on the lesser charge of manslaughter in the shooting of 17-year-old Trayvon Martin.

Judge Debra Nelson issued her ruling over the objections of Zimmerman's lawyers shortly before a prosecutor delivered a closing argument in which he portrayed the defendant as an aspiring police officer who assumed Martin was up to no good and took the law into his own hands.

"A teenager is dead. He is dead through no fault of his own," prosecutor Bernie de la Rionda told the jurors. "He is dead because a man made assumptions. ... Unfortunately because his assumptions were wrong, Trayvon Benjamin Martin no longer walks this Earth."

Because of the judge's ruling, the six jurors will have three options when they start deliberations as early as Friday: guilty of second-degree murder, guilty of manslaughter and not guilty.

Defense attorney Don West had argued for an all-or-nothing strategy, saying the jury's only options should be guilty of second-degree murder or not guilty altogether.

"The state has charged him with second-degree murder. They should be required to prove it," West said. "If they had wanted to charge him with manslaughter ... they could do that."

To win a second-degree murder conviction, prosecutors must prove Zimmerman showed ill will, hatred or spite — a burden the defense has argued the state failed to meet. To get a manslaughter conviction, prosecutors must show only that Zimmerman killed without lawful justification.

Allowing the jurors to consider manslaughter could give those who aren't convinced the shooting amounted to murder a way to hold Zimmerman responsible for the death of the unarmed teen, said David Hill, an Orlando defense attorney with no connection to the case.

"From the jury's point of view, if they don't like the second-degree murder — and I can see why they don't like it — he doesn't want to give them any options to convict on lesser charges," Hill said of West.

Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaughter could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.

It is standard for prosecutors in Florida murder cases to ask that the jury be allowed to consider lesser charges that were not actually brought against the defendant. And it is not unusual for judges to grant such requests.

Prosecutor Richard Mantei also asked that the jury be allowed to consider third-degree murder, on the premise that Zimmerman committed child abuse when he shot the underage Martin. Zimmerman's lawyer called that "bizarre" and "outrageous," and the judge sided with the defense.

Zimmerman, 29, got into a scuffle with Martin after spotting the teen while driving through his gated townhouse complex on a rainy night in February 2012. Zimmerman has claimed he fired in self-defense after Martin sucker-punched him and began slamming his head into the pavement. Prosecutors have disputed his account and have portrayed him as the aggressor.

During closing arguments, de la Rionda argued that Zimmerman showed ill will and hatred when he whispered profanities to a police dispatcher over his cellphone while following Martin through the neighborhood. He said Zimmerman "profiled" the teenager as a criminal.

"He assumed Trayvon Martin was a criminal," de la Rionda said. "That is why we are here."

The prosecutor told the jury that Zimmerman wanted to be a police officer and that's why he followed Martin. But "the law doesn't allow people to take the law into their own hands," de la Rionda said.

Zimmerman's lawyers are expected to deliver their closing arguments Friday morning.


© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Investor Sentiment Index Hits 2014 Peak for Stocks

Friday, 22 Aug 2014 23:11 PM

Individual investors apparently aren't worried that stocks continue to hit record highs, even though the S&P 500 index h . . .

US Considers Taking Fight against Islamic State Into Syria

Friday, 22 Aug 2014 17:20 PM

Pressure is mounting on President Barack Obama to take the fight against the Islamic State into Syria, with top Republic . . .

More Aid Urged for Kurds to Fight ISIS

Friday, 22 Aug 2014 12:44 PM

The United States must do more to provide both humanitarian aid and security to the Kurds who are battling the Islamic S . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved