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#61
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Why Drop The Corporate Mandate???
On Monday, July 8, 2013 10:53:28 PM UTC-4, comadrejo wrote:
On 2013-07-09 02:37:12 +0000, Dave Stallard said: This seems to me more like a manslaughter case than Murder Two. I do think it is a second degree murder case, mainly that Zimmerman was so reckless in his intent, that he created a situation that led to Trayvon Martin's death. But the predicate for murder isn't recklessness, it's malice, and they have to prove that. Also Zimmerman's life wasn't threatened, nor he had wounds that showed that he was seriously injured. He was getting beaten up, but that doesn't equate in using his firearm. Homicide through use of excessive force in self-defense is voluntary manslaughter. Dave |
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#62
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Why Drop The Corporate Mandate???
Dave Stallard wrote:
On Monday, July 8, 2013 10:53:28 PM UTC-4, comadrejo wrote: On 2013-07-09 02:37:12 +0000, Dave Stallard said: This seems to me more like a manslaughter case than Murder Two. I do think it is a second degree murder case, mainly that Zimmerman was so reckless in his intent, that he created a situation that led to Trayvon Martin's death. But the predicate for murder isn't recklessness, it's malice, and they have to prove that. Also Zimmerman's life wasn't threatened, nor he had wounds that showed that he was seriously injured. He was getting beaten up, but that doesn't equate in using his firearm. Homicide through use of excessive force in self-defense is voluntary manslaughter. Dave The recklessness was so overwhelming that it could be looked on as malicious. (Much like those who drive drunk and kill people with suspended licenses, are charge with second degree murder, because their recklessness went beyond manslaughter) Zimmerman's recklessness made it into a lethal situation, even though he was told by the 911 operator to stop following Trayvon, From the walkthrough the day after the murder, it was shown that Zimmerman was lying his ass off about his location to the 911 operator about his whereabouts, he was much closer to Trayvon than he was telling the operator, actually he was following him pretty closely and was out of his truck. . The murder wasn't self defense. Self Defense or "Stand Your Ground" law has been been interpreted by State Supreme Courts, as using lethal force in cornered situation with no other options and one's life is in grave danger. Zimmerman was losing a fight. He may felt his life was in danger, but it wasn't. If he got a couple staples in his head to get a skull fracture put in place and numerous stitches, he would had a better argument. Instead he had superficial wounds of someone who was losing a fight. He didn't need medical attention to address his wounds. Facial Wounds and Zimmerman facial wounds may look bad at first, but many facial wounds will look much worse than they really are, because the amount of blood going to face and head. Zimmerman's lying on the 911 recording, wasn't exploited enough by the prosecution to show that Zimmerman was lying to hide his intent of going after Martin, his lying was part of the recklessness that put him in a situation that he got into a fight with a 17 year old walking home from a convenience store. |
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