He would have been convicted.
That his not a hypothetical, that is not conjecture, that is not speculation. You see, there actually was a "Stand Your Ground" case with a Black Defendant and White Victim that took place before the Trayvon Martin case.
People have said "All you need is Fear of Great Bodily Injury" to justify use of lethal force. They have said Trayvon "circled around turned into a threat".
Well... Trevor Dooley testified that David James was "Killing Him" and "Left Him No Choice".
http://www.wtsp.com/...
Dooley said Monday he was simply defending himself that fateful day and that David James, twice his size, was choking him. Dooley said he had no choice but to fire the gun that he had taken out of his right pocket.
Dooley told jurors, "He gave me no other choice. He was killing me. He had me by the neck. I couldn't breathe. He tried to take the gun away from me. If he took the gun away from me, what do you think he would have done with it? I had no other choice. I was on my way home. That's all I wanted to do."
Continued...
I originally wrote about this a year ago when the trial was still taking place.
Dooley claims that James grabbed him by the neck. "He had me by the throat and he saw the gun and he said, 'How dare you pull a gun on me!' and he slammed me to the ground." Dooley told jurors that he was "flat on his back" and that he was looking up at the sky at that point. He couldn't even see James. Dooley says that David James "never let go of my neck."
"I couldn't breathe," Dooley told jurors. "I feel like I was going to black out. I was scared. I poked him twice with the gun because I couldn't call out to him, 'you're killing me here,' because I couldn't say anything. I couldn't talk."
Dooley claims that he was "scared" because David James "tried to get the gun."
He added, "I didn't want him to get the gun," he said, "I can't breathe. Choking, squeezing. He was a strong man. I had no use of my left side, my left shoulder. It was hurt."
So even with that testimony, even with that argument - that he was
in direct fear for his life - the Tampa Jury still found Trevor Dooley guilty.
Apparently the jury just didn't buy into Dooley's story that Mr. James was a threat to his life. By contrast Trayvon Martin was turned from a teenager trying to get home on a rainy night, an A/B Student who was fond and math and wanted to be an engineer - was turned by Zimmerman supporters and the defense team into a hulking Violent Drug Addled Thug with a "Rap Sheet".
At the heart of this maelstrom — in which the thorny issues of race and justice have surfaced as themes — is a boy who dreamed of becoming a pilot and liked to work with his hands.
After taking an airplane ride two years ago, Trayvon decided he wanted to learn to fly, his uncle Ronald Fulton said. The teen attended a Miami aviation school part time and was studying to be an engineer, a path to realizing his ambition, Fulton said.
Math was Trayvon's favorite subject.
...
"He was extremely creative," said Michelle Kypriss, Trayvon's English teacher at Dr. Michael M. Krop Senior High School in Miami. "He just loved building things. He really was intrigued by how things worked."
She described Trayvon, a junior, as an A and B student who majored in cheerfulness.
Trayvon could be demonized. Trayvon was turned, by this defense time, into the architect of his own demise because he
didn't run home fast enough. Trayvon had no "Fear" after being followed for blocks by a strange adult man. He has no right to
defend himself, or to
Stand His Ground, because if he had - and as a result had given George a bloody nose and
two scratches on his head - well, that only gave George Zimmerman a
Open License to KILL HIM, even though it would have
Physically Imposslble for George to pull his gun out if Trayvon had been sitting on his chest, and the only way he could reached it pulled in out and fired was if Trayvon was standing up or backing away.
But the Jury decided they didn't believe the physics or the facts, they believed George's ridiculous Lie-Riddled story.
And so, George was acquitted.
Apparently that defense strategy didn't, or couldn't work, with family man and father David James. He couldn't be turned into a hulking threat even with the direct testimony to that effect by the defendant.
Trevor Dooley, age 72, Black - was Convicted on All Counts of the Manslaughter of David James then sentenced to serve 8 years in State Prison. Chances are, at his age, he won't live to see freedom again.
So we know that when Mark O'Mara claims that if only George Zimmerman were Black - he would have Never Been Charged....
“I think that things would have been different if George Zimmerman was black for this reason: He never would have been charged with a crime,” defense attorney Mark O’Mara said at a press conference.
That is a Lie. That is a
Sad Delusion, that is NOT what would have happened.
If George had been Black, and his Victim White - clear experience shows us this case, with all other factors relatively equal, would have had a completely different outcome.
And that's how it is. That's how it's been in America for Decades. Now many more of us finally recognize it, we can all finally see how out of balance and out of wack this INJustice System truly is, and always has been.
This case was the re-wake up call. Now we need to do something constructive about it.
Vyan
2:07 PM PT: Dooley is currently free on bail pending his appeal.
2:48 PM PT: I'm not saying these case are perfectly parallel - clearly there were more than a few eye-witnesses in Dooley's case - the point I was addressing was O'Mara ridiculous claim that with a similar self-defense claimed asserted if Zimmerman had been Black, that he wouldn't have been arrested or charged. Even though there was initially a delay between the event and Dooley's eventual arrest, just as their was with Zimmerman - he WAS arrested, he was charged and he was convicted.
