Skip to main content

View Diary: Text Of Prosecution Affidavit In Zimmerman Case (247 comments)

Comment Preferences

  •  It's a public government document; you can paste (19+ / 0-)

    the text in your diary.

    Is it true? Is it kind? Is it necessary? . . . and respect the dignity of every human being.

    by Wee Mama on Thu Apr 12, 2012 at 03:25:51 PM PDT

    •  I can legally, but can't practically. It is (17+ / 0-)

      not copiable, at least by me. I think it is an image file and I don't know how to insert such a file in a post.

      Further, affiant sayeth not.

      by Gary Norton on Thu Apr 12, 2012 at 03:33:30 PM PDT

      [ Parent ]

      •  It's a PDF which I don't recommend embedding (12+ / 0-)

        directly. The standard Adobe PDF viewer is riddled with security holes. Use something like FoxIt's PDF viewer to look at it.

        "What profit a man, if he gain the world, but has to pay taxes on it?" Paul 8:36

        From the Gospel of St. Ron Paul in the Teachings and Misunderstandings of the Words of Adam Smith

        by ontheleftcoast on Thu Apr 12, 2012 at 03:57:43 PM PDT

        [ Parent ]

      •  Gary - thanks for the diary (8+ / 0-)

        It's very informative.

        "let's talk about that"

        by VClib on Thu Apr 12, 2012 at 04:12:15 PM PDT

        [ Parent ]

      •  Sorry - realized that after I looked at the file. (3+ / 0-)
        Recommended by:
        Gary Norton, Cedwyn, sockpuppet

        It may also be possible to make the pdf into a .jpg and post that from an approved host, if you want to.

        Is it true? Is it kind? Is it necessary? . . . and respect the dignity of every human being.

        by Wee Mama on Thu Apr 12, 2012 at 04:29:48 PM PDT

        [ Parent ]

      •  Transcript of Affidavit in a Searchable Format ... (30+ / 0-)
        OFFICE OF THE STATE ATTORNEY
        FOURTH JUDICIAL CIRCUIT of FLORIDA
        ANGELA B. COREY
        STATE ATTORNEY

        STATE OF FLORIDA VS. GEORGE ZIMMERMAN
        EIGHTEENTH JUDICIAL CIRCUIT, SEMINOLE COUNTY FLORIDA

        AFFIDAVIT OF PROBABLE CAUSE - SECOND DEGREE MURDER

        Before me, personally appeared T.C. O'Steen and K.D. Gilbreath, who after being duly sworn; deposes and says:

        Your affiants, Investigators T.C. O'Steen, and Dale Gilbreath are members of the State Attorney Office - Fourth Judicial Circuit appointed in the case by State Attorney Angela B. Corey, who was assigned in the case under Executive Order of the Governor 12-72.

        Investigator O'Steen was previously employed by the Jacksonville Sheriff's Office, and has 35 years of law enforcement experience, including 20 years handling homicide investigations. Investigator Gilbreath was previously employed by the Jacksonville, Sheriff's Office, and has 36 years of law enforcement experience, including 24 years handling homicide investigations.

        Your affiants, along with other law enforcement officials have taken sworn statements from witnesses, spoken with law enforcement officers who have provided sworn testimony in reports, reviewed other reports, recorded statements, phone records, recorded calls to police, photographs, videos and other documents in detailing the following:

        On Sunday, 2/26/12, Trayvon Martin was temporarily living at the Retreat at Twin lakes, a gated community in Sanford, Seminole County, Florida. That evening Marin walked to a nearby 7-11 store where he purchased a can of iced tea and a bag of skittles, Martin then walked back to entered the gated community and was on his way back to the townhouse where he was living when he was profiled by George Zimmerman. Martin was unarmed and was not committing a crime.

        Zimmerman who also lived in the gated community, and was driving his vehicle observed Martin and assumed Martin was a criminal. Zimmerman felt Martin did not belong in the gated community and called the police. Zimmerman spoke to the dispatcher and asked for an officer to respond because Zimmerman perceived that Martine was acting suspicious. The police dispatcher informed Zimmerman that an officer was on the way and to wait for the officer.

        During the recorded call Zimmerman made reference to people he felt had committed and gotten away with break-ins in his neighborhood. Later while talking about Martin, Zimmerman stated "these assholes, they always get away" and also said "these fucking punks".

        During this time, Martin was on the phone with a friend and described to her what was happening. The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why. Martin attempted to run home but was followed by Zimmerman who didn't want the person he falsely assumed was going to commit a crime to get away before the police arrived. Zimmerman got out of his vehicle and followed Martin. When the police dispatcher realized Zimmerman's was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to his home.

        Zimmerman confronted Martin and a struggle ensued. Witnesses heard people arguing and what sounded like a struggle. During this time period witnesses heard numerous called for help and some of these were recorded in 911 calls to police. Trayvon Martin's mother has reviewed the 911 calls and identified the voice crying for help as Trayvon martin's voice.

        Zimmerman shot Martin in the chest. When police arrived Zimmerman admitted shooting Martin. Officers recovered a gun from a holster inside Zimmerman's waistband. A fired casing that was recovered at the scene was determined to have been fired from the firearm.

        Assistant Medical Examiner Dr. Bao Performed an autopsy and determined that Martin died from the gunshot wound.

        The facts mentioned in this affidavit are not a complete recitation of all the pertinent facts and evidence in the case but only are presented for a determination of Probable Cause for Second Degree Murder.

        By: Investigator T.C. O'Steen, Affiant
        By: Investigator Dale Gilbreath, Affiant

        Sworn to and subscribed before me
        This 11th day of April, 2012
        Jennifer Weigel
        Notary Public, State of Florida at Large

        http://www.thefloridanewsjournal.com/...

        “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have little.” ~ FDR

        by dmhlt 66 on Thu Apr 12, 2012 at 05:31:12 PM PDT

        [ Parent ]

        •  Thanks/ (5+ / 0-)

          Further, affiant sayeth not.

          by Gary Norton on Thu Apr 12, 2012 at 05:52:20 PM PDT

          [ Parent ]

        •  What stands out immediately is that Zimmerman (10+ / 0-)

          is only identified as another resident of the gated community. Nothing about him being part of neighborhood watch.

          Your left is my right---Mort Sahl

          by HappyinNM on Thu Apr 12, 2012 at 07:11:02 PM PDT

          [ Parent ]

          •  Because there is NO neighborhood watch (5+ / 0-)
            Recommended by:
            Dazy, pgm 01, balancedscales, semiot, HappyinNM

            ... in that community and Zimmerman was NOT a member of Neighborhood Watch.

            The Neighborhood Watch's parent organization made that very clear in a press release. They are not amused.

            •  Are you sure? (1+ / 0-)
              Recommended by:
              HappyinNM

              I was under the impression the HOA had voted toapprove him as some kind of watch person, and because of that was at risk of a civil lawsuit by Trayvon's parents.

              This really caught my attention because I sit on our HOA board.

              The polls don't tell us how a candidate is doing; they tell us how the media is doing.

              by Thumb on Thu Apr 12, 2012 at 09:06:09 PM PDT

              [ Parent ]

              •  Yes. I'm sure. (8+ / 0-)

                The full press release from the National Sheriff's Association [bolding is mine]:

                Alexandria, VA – For nearly four decades, the Neighborhood Watch Program (housed within the National Sheriffs’ Association (NSA)) has worked to unite law enforcement agencies, private organizations, and individual citizens in a nation-wide effort to reduce crime and improve local communities.

                The purpose of the Neighborhood Watch Program is to enable citizens to act as the “eyes and ears” within their community and alert law enforcement immediately when they notice suspicious activity. However, the Neighborhood Watch Program does not in any way, shape, or form advocate citizens to take the law in their own hands. The success of the program has established Neighborhood Watch as the nation’s premier crime prevention and community mobilization program. Visible signs of the program are seen throughout America on street signs, window decals, community block parties and service projects.

                "The alleged action of a “self-appointed neighborhood watchman” last month in Sanford, FL significantly contradicts the principles of the Neighborhood Watch Program,” stated NSA Executive Director Aaron D. Kennard, Sheriff (ret.). “NSA has no information indicating the community where the incident occurred has ever even registered with the NSA Neighborhood Watch program.”

                “The Neighborhood Watch Program fosters collaboration and cooperation with the community and local law enforcement by encouraging citizens to be aware of what is going on in their communities and contact law enforcement if they suspect something – NOT take the law in their own hands,” continued Executive Director Kennard. “The alleged participant ignored everything the Neighborhood Watch Program stands for and it resulted in a young man losing his life. Our thoughts and prayers are with the family of Trayvon Martin during this terrible time.”

                •  The community may have voted (9+ / 0-)

                  ... to let him play pretend cop, but that does not make him a Neighborhood Watchperson.

                  If you're on a Homeowner's Association, I strongly recommend that you advice the rest of the board to tread very carefully when it comes to security. If your community decides it wants a neighborhood watch, they should register for the real thing, and not get any ideas about sanctioning a game of cops & robbers with warped grownups and real guns.

                •  Okay, but... (3+ / 0-)

                  There's this:

                  Plus, lawyers say, Exhibit A would be a newsletter sent by the association to residents in February, the same month as the shooting. It said Zimmerman was the go-to person for residents who had been the victims of a crime.

                  Under the heading “Neighborhood Watch,” the newsletter’s message recommended that residents first call police and then “please contact our Captain, George Zimmerman ... so he can be aware and help address the issue with other residents.”

                  And this:
                  By designating Zimmerman the neighborhood watch captain in the newsletter, the homeowners association "is stuck" if it's sued, said Justin Clark, an attorney based in Longwood, Fla., whose practice includes real estate law.

                  "So, if you're going to send out a newsletter saying, 'Hey, he is the captain. Whatever he says goes,' You have now basically rented a free police officer for your neighborhood," Clark said. "He certainly took on that role with the homeowners association, and it seems to me that they recognized that."

                  The polls don't tell us how a candidate is doing; they tell us how the media is doing.

                  by Thumb on Fri Apr 13, 2012 at 06:55:28 AM PDT

                  [ Parent ]

                  •  Clearly, they decided to let him (0+ / 0-)

                    play pretend cop, with their blessing. That is NOT Neighborhood Watch, no matter what label they stuck on it.

                    My guess is he noisily volunteered to take on the role of monitoring the neighborhood at a meeting, and they agreed to let him do it to get him to shut up. Of course, they are now legally liable for this murder, so while Zimmerman may do time for the criminal aspect, the homeowners are likely to get hit with some major civil suit losses.

          •  Aren't there gates at "gated communities"? (1+ / 0-)
            Recommended by:
            semiot

              The term "gated community" seems to infer that they are protected by a gate and one would assume a visitor would need a passcode or key to access that gate. How would Treyvon Martin or anyone else be in the gated community if they didn't have the access code or approval from the gatekeeper if there was one? I live in the wilds of Alaska so the whole premise of living in a "gated community" is quite a foreign concept.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site