03/31/2012
Re: Federale’s blog post More Stupidity From NRO Over Trayvon Martin And Self Defense
From: D. K. Main
Florida’s Stand Your Ground law is irrelevant! That law applies in circumstances where a person has a chance to retreat from a violent threat; the law assures a (potential) victim that he or she need not flee, but may stand his or her ground, and meet force with force.
In the instant case, it is unchallenged by the eyewitness (identified, in a recent interview, solely as "John") that Martin had Zimmerman pinned to the ground, and was beating him, with Zimmerman begging the witness for help. Zimmerman, therefore, had no opportunity to flee Martin’s assault and battery, at the point that he finally decided to draw his (legally concealed) weapon, and the law being debated is moot in this case!
The only material issue, as to the actual homicide per se, is whether Zimmerman had a reasonable fear that he might either be killed or else suffer grievous bodily harm at the hands of Martin. If Zimmerman did, then he was legally justified to shoot Martin in self-defense, with the gun that Zimmerman was legally carrying at the time; if not, then not.
All of the other issues now being discussed are either immaterial or simply irrelevant to the actual homicide that took place that night.
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