Zimmerman was not merely "following" Trayvon, rather he was searching for Trayvon with malice against Martin of whom he had already described as an "asshole" prior to Trayvon Martin "running" away from Zimmerman. While actively searching for Trayvon, Zimmerman called Trayvon a "Fucking Coon, Goon or punk. After Zimmerman killed Trayvon Martin, we learned through his interviews with detectives and his written statement that, before, during and after Zimmerman's searched for and found Martin, in Zimmerman's mind that night Trayvon was "the unarmed, asshole, teenage, punk, suspect" who "vandalizes neighborhoods" who needed to be "restrained" even after Zimmerman killed him.
I think Zimmerman's state-of-mind before, during and after he searched for and found Trayvon Martin shows that Zimmerman "precipitated the confrontation" with Martin which makes Zimmerman the aggressor. By that I mean, Zimmerman willfully, knowingly and with forethought provoked a conflict and created the circumstances that directly lead to his use of deadly force against Martin and that is not justifiable homicide (self defense). I think the evidence shows Zimmerman exacerbated the circumstances that lead to his use of deadly force against Martin by not identifying himself to Martin along with reaching into his pants pocket to get his 'cell phone' (that he admitted later was not even in his pants pocket) when he found and ultimately killed Trayvon.
Malice, in the legal sense, is defined as:
malice n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred, or total disregard for the other's well-being.
Here are some facts that are in evidence that I believe indicate Zimmerman was acting with malice (ill-will and disregard for the other's well being) as he searched for Trayvon:
1. He thought Travyon was in his late teens and cursed when Trayvon started "running" away from him.
2. He told Detectives he never thought Trayvon had a firearm.
3. He told Detectives he was never scared of, nor intimidated by Trayvon, while Zimmerman was "monitoring" and "following" Trayvon by car.
4. Zimmerman told Detectives that when he was in his car, his state-of-mind was that Trayvon as an "unarmed" "punk" who "victimizes neighborhoods."
5. At the very second Trayvon started "running" away from Zimmerman, he grabbed two flashlights and had his loaded weapon with one in the chamber with no external safety feature down his pants searching for the unarmed "asshole" teenage "punk" who was "running" away from Zimmerman.
6. Zimmerman told detectives he "forgot" he was carrying his loaded weapon with one in the chamber and no external safety mechanism.
7. Zimmerman told detectives after he 'shot' Trayvon, he held on to his loaded firearm as he got on top Trayvon's back to restrain Trayvon until officers arrived.
8. Zimmerman told detectives he fell down on to his back as soon as Trayvon allegedly punched him the first time.
9. Zimmerman's state-of-mind: in written statement he wrote that 911 Dispatch told him not to follow Trayvon.
10. Detectives told Zimmerman he had no authority to monitor Trayvon Martin that night. Sanford Police Department did not authorize Zimmerman to "follow" Trayvon Martin.
11. Detectives told Zimmerman that Trayvon Martin had a legal right to defend himself against Zimmerman
12. Zimmerman refers to Trayvon Martin as "the suspect" throughout his entire written statement
13. Zimmerman wrote in a statement that Trayvon Martin "saw his exposed fire arm."
It is not "illegal" to follow people, it might not even be illegal to search for someone who is not committing a crime but who is running away from you -- maybe that's why predators search for their prey in public.
Some people say if Martin threw the first punch then Zimmerman has a "self defense" claim because that would somehow 'mean' Martin "confronted" Zimmerman. Which I disagree with, in part, because Martin already proved he did not want any type of confrontation with Zimmerman when he employed the "duty to retreat" and started "running" away from Zimmerman. Some people may think that a predator who is searching for their prey, when their prey started "running" away from them, that the prey has no right to try fight their way out of the situation prior to the predator touching them but that is not what FBI agents imply:
Kick, bite, and no matter what the threat, do not go along with your kidnapper. Once he takes you away, your chances of survival greatly diminish. Yell, scream, fight and run from any potential abductor.
- Clint Van Zandt, a former FBI profiler and hostage negotiator 2009
People have a right to defend themselves from the threat of physical injury when a predator, they have already started "running" away from, searches for them and finds them. In Trayvon Martin's case, any belief that Zimmerman meant to cause physical harm to Trayvon was reasonable given the fact that Trayvon knew Zimmerman was following him by car and then searched for and found him after he started "running" away from Zimmerman. Which goes back to Zimmerman precipitated the confrontation and provoked a conflict and created the circumstances that directly lead to his use of deadly force against Martin.
Trayvon Martin had no way of knowing what Zimmerman wanted because when Zimmerman found him, he admits, he never identified himself. And, when he found Martin, Zimmerman also admits he started "reaching in his pants pocket to get" his cellphone (which he later admitted was not in his pants pocket and which he never got out.) For all Trayvon knew, Zimmerman was a potential abductor who was reaching in his pocket for his gun and who was going to try to rape him. Maybe Trayvon was "running" away from him because he thought Zimmerman was a predator who meant to harm him. I do not think the law allows a predator to search for their prey and at the same time does not allow the prey to fight like hell to get away from a predator and if there is such a law giving predators that much control over the prey they are searching for, I would like it if someone would cite that law for me.
If Martin did punch Zimmerman, and I do not think the Autopsy Report supports that, but if he did, then that means Trayvon Martin followed the advice of the FBI Agent who said: run from and fight your potential abductor.
We know from Zimmerman's 911 call that Trayvon Martin was not committing any crime and he saw Zimmerman was following him. So, rather than "stand his ground" Martin willfully, knowingly and with forethought started "running" away from him. It was at that moment, Zimmerman willfully, knowingly and with forethought grabbed two flashlights, had his loaded firearm with one in the chamber and no external safety feature to search for the "unarmed, teenage, punk, suspect," who "vandalizes neighborhoods" and who was running away from him.
Martin's actions show he was trying to avoid a confrontation whereas Zimmerman actions show he provoked a conflict and created the circumstances that directly lead to his use of deadly force against Martin.
That said, Zimmerman's "state-of-mind" before, during and after he searched for Trayvon and killed Trayvon is important:
To Zimmerman, Trayvon Martin was "the suspect." In criminal law, a suspect is someone who is under suspicion, often formally announced as being under investigation by law enforcement officials. Therefore, evidence shows that before and during his search for Trayvon that night, Zimmerman's state-of-mind was that Trayvon was an: "unarmed, asshole, teenage punk, suspect" who "victimizes neighborhoods" who needed to be "restrained" even after Zimmerman killed him.
To me, just looking at that evidence alone shows Zimmerman searched for and killed Trayvon Martin out of malice. And it is that malice from Zimmerman that "precipitated the confrontation" which resulted in dragging Trayvon into an altercation.
Read More