More trouble for the Gun Wielding George Zimmerman

Problems continue for 30yr-old George Zimmerman after being acquitted four months ago of murder in the death teenager Trayvon Martin. Zimmerman was arrested Monday night after a “domestic disturbance” with his girlfriend, Samantha Scheibe. According to Samantha’s 911 call the incident began when the former neighborhood watch captain grew upset during an argument and brandished a weapon at her. “He's in my house, breaking all my shit because I asked him to leave,” Scheibe told the dispatcher. “He's got a freaking gun breaking all my stuff right now.”

Scheibe said Zimmerman then pushed her out the home that they have shared ever since Zimmerman became estranged with his wife and locked her out. Authorities said when they arrived Scheibe gave them keys to the home, and that they had to push through obstacles by the door to get in. Seminole County Sheriff's Office Chief Deputy Dennis Lemma said at a news conference that when they arrived on the scene Scheibe told police that Zimmerman shoved her then pointed a long-barrel shotgun at her and threatened her. Zimmerman told police that he “never pulled a firearm,” but that when he was packing it he’s “sure she saw it.” He claimed that he kept it next to the bed.

In September of this year Zimmerman was arrested after an altercation with his ex-wife, Shelly Zimmerman. Shelly told 911 dispatched during that incident that Zimmerman had his hand on his gun and was daring people to come closer in a threatening manner, saying that he would shoot them. In an interview Shelly said that Zimmerman feels invincible after his acquittal. Zimmerman has also been pulled over three times since his acquittal for speeding. 

He now faces a felony charge of aggravated assault and the lesser charges of battery domestic violence and criminal mischief in this latest incident. Zimmerman went in front of the judge today and was released on a $9,000 bond. Zimmerman was also ordered to give up his guns, wear an electronic monitor, and to stay away from his girlfriend. Scheibe says she fears for her safety and that Zimmerman had told her that he had “nothing to lose.” Zimmerman’s arraignment will be Jan. 7, 2014.

 

New Twist in Trayvon Martin Case: What the Media is NOT telling You About the Law

Read PART 1

Yesterday, George Zimmerman’s defense attorney, Mark O'Mara, said that he will not be using the much-debated “stand-your-ground” defense after all. O'Mara said that they will instead likely try to use a traditional self-defense argument to have the second-degree murder charge against his client dismissed.

How it works is, if a defense team uses the stand-your-ground defense, the judge will determine whether or not the law applies. Zimmerman would have to take the witness stand and be cross-examined by the prosecution. If the judge were to apply the stand-your-ground law, the case will be dismissed and never even make trial. Using a traditional self-defense argument, however, the jury must decide whether or not self-defense applies to the case.

Zimmerman’s attorney would have you believe that he is abandoning the stand-your-ground defense because he believes the judge to be bias against his client. In fact, O'Mara filed a motion today asking a Florida appeals court to reconsider a ruling by Judge Kenneth Lester refusing to step down from the case. In a motion filed last month, O’Mara claimed Lester made “gratuitous” and “disparaging remarks” about Zimmerman and showed bias in a July 5 ruling that raised Zimmerman's bond from $150,000 to $1 million. The bond increase came after prosecutors presented evidence Zimmerman and his wife, Shellie, misled the judge about their finances. Shellie Zimmerman was later charged with perjury.

Nonetheless, a closer look at the actual Florida Statute might paint a better picture of why O'Mara has likely abandoned the stand-your-ground defense.


Chapter 776 of the Florida Senate Statute— JUSTIFIABLE USE OF FORCE—(776.012) states, “A person is justified in using force…to defend himself or herself or another against the other’s imminent use of unlawful force…[and if] He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” However, later in chapter 776, as described in code 776.041(2), “The justification described in the preceding sections of this chapter is not available to a person who: (2) Initially provokes the use of force against himself or herself.”

The reason why this lawful wording is important to point out is because Zimmerman is the one who was stalking Martin in his car. Zimmerman described the situation to the 911 operator, that he witnessed the “suspicious looking” Trayvon Martin start to run away. The 911 operator urges Zimmerman not to follow him, as he (Zimmerman) is not lawfully allowed to do so; yet, Zimmerman exits his car and chases Martin on foot. At this point, Zimmerman becomes the “aggressor,” and therefore stand-your-ground status is in question, and as the law reads, does not apply to Zimmerman as a suitable defense.

Consider the situation, one that no one is really breaking down to its simplest form. You are walking down the street. You see a man in a car driving slowly near you and starring at you. This person then begins stalking you and intensely starring at you while on the phone. You start to run, scared that this person is going to possibly harm you. As you are running away, you notice that this person is running after you. Now, you have two options: you can continue running or “stand your ground” and fight. Note: because Trayvon Martin is dead, we do not get to hear his story. Was he attacked first by Zimmerman? Maybe he was attacked by Zimmerman and overpowered him. Should a person being attacked then be lawfully killed because he or she actually fights off their attacker? In any event, Zimmerman was clearly the aggressor, bottom line. Zimmerman had no right to chase down Martin, just like no one has the right to chase you down on the street at nighttime while you are walking alone. On what planet does George Zimmerman have the right to claim self-defense, let alone stand-your-ground???