Trayvon Martin's alleged attacker not covered under law I wrote
By Rep. Dennis Baxley
Published March 21, 2012
| FoxNews.com
AP/Martin Family Photos/File
In this undated file family photo, Trayvon Martin poses for a family
photo. College students around Florida rallied Monday, March 19, 2012,
to demand the arrest of a white neighborhood watch captain who shot
unarmed teen Martin last month, though authorities may be hamstrung by
a state law that allows people to defend themselves with deadly force.
The tragic story of Trayvon Martin's death in Sanford, Florida has
ignited a great deal of passion and concern regarding the
circumstances of his death and the defense applied by the attacker,
George Zimmerman. The fact that Trayvon Martin unnecessarily lost his
life is troubling and an investigation into the surrounding
circumstances is certainly warranted.
First of all I'd like to extend my condolences to the Martin family.
I have been in the funeral services profession for over 40 years; I've
walked with families through many tragic circumstances and I know how
difficult it is.
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I would like to emphasize that the approach that is currently
developing in this situation, to convene a grand jury, is the proper
one in which to discern the facts of this case. I certainly agree with
everyone that justice must be served.
During the debate concerning this incident, some have brought into
question the "Stand Your Ground" law, more commonly referred to as the
"castle doctrine," which has been used by the attacker to pardon his
actions.
As the prime sponsor of this legislation in the Florida House, I'd
like to clarify that this law does not seem to be applicable to the
tragedy that happened in Sanford. There is nothing in the castle
doctrine as found in Florida statutes that authenticates or provides
for the opportunity to pursue and confront individuals, it simply
protects those who would be potential victims by allowing for force to
be used in self-defense.
When the "stand your ground" or "castle doctrine" legislation passed
in 2005, the catalytic event that brought the issue to the attention
of the Florida Legislature was the looting of property in the
aftermath of hurricanes.
Specifically, there was a situation in the panhandle of Florida where
a citizen moved an RV onto his property, to protect the remains of his
home from being looted. One evening, a perpetrator broke into the RV
and attacked the property owner. The property owner, acting in self-
defense in his home, shot and killed the perpetrator.
It was months before the property owner knew if he would be charged
with a crime because of the lack of concrete definition in the
statutes regarding self-defense and a perceived duty to retreat by the
potential victim.
Until 2005, the castle doctrine had never been canonized into Florida
law, but had been used with differing definition and application to
the concept of self-defense. The focus of the law was to provide clear
definition to acts of self-defense.
The facets of the castle doctrine deal with using force to meet force
as an act of self-defense when in your home, in your car, on your
property, or anywhere you are legally able to be. The law also
protects property owners and their homeowner's insurance from being
wrongfully sued by perpetrators who claim to be harmed while
committing a crime.
The castle doctrine as passed, clarified that individuals are lawfully
able to defend themselves when attacked and there is no duty to
retreat when an individual is attacked on their property. Since the
passage of this law in Florida, 26 other states have implemented
similar statues.
Additionally, the American Legislative Exchange Council used the
Florida version of the castle doctrine as model legislation for other
states.
Quite simply the castle doctrine is a good law which now protects
individuals in a majority of states. However, the castle doctrine does
not provide protection to individuals who seek to pursue and confront
others, as is allegedly the case in the Trayvon Martin tragedy in
Sanford.
The information that has been publicly reported concerning Trayvon
Martin's death indicates that the castle doctrine may not be
applicable to justify the actions of the attacker, Mr. Zimmerman.
Media stories sharing the transcripts of the 911 tapes from the
evening of the incident clearly show that Mr. Zimmerman was instructed
by authorities to remain in his vehicle and to cease pursuit of Mr.
Martin. George Zimmerman seems to have ignored the direction of the
authorities and continued his pursuit of Mr. Martin.
Mr. Zimmerman's unnecessary pursuit and confrontation of Trayvon
Martin elevated the prospect of a violent episode and does not seem to
be an act of self-defense as defined by the castle doctrine. There is
no protection in the "Stand Your Ground" law for anyone who pursues
and confronts people.
I have great sympathy for the family of Trayvon Martin and am grateful
that things are finally moving in the right direction to further
explore what actually happened on that night in Sanford, Florida.
Awaiting the convening of the grand jury, I trust that justice will be
served and healing will begin for all of those affected.
Republican Dennis Baxley represents the 24th district in Florida's
House of Representatives. He was the prime sponsor of the "Stand Your
Ground" law in 2005. He is the principal owner and vice president of
Hiers-Baxley Funeral Services.
On Mar 22, 8:46 am, plainolamerican <plainolameri...@gmail.com> wrote:
> you forgot one ... he's a spic with black family members and has a
> jewish name.
>
> the racist left wishes he was white
>
> On Mar 22, 9:30 am, Tommy News <tommysn...@gmail.com> wrote:
>
>
>
>
>
>
>
> > 20 Things You Need to Know About the Tragic Killing of Trayvon Martin
> > The Department of Justice, the FBI and the U.S. Attorney announced
> > they were launching "a thorough and independent review" of the
> > shooting -- will there be justice?
> > March 20, 2012 | LIKE THIS ARTICLE ?
> > Join our mailing list:
> > Sign up to stay up to date on the latest headlines via email.
> > On February 26, 2012, a 17-year-old African-American named
> > Trayvon Martin was shot and killed in Sanford, Florida. The shooter
> > was George Zimmerman, a 28-year-old man. Zimmerman admits killing
> > Martin, but claims he was acting in self-defense. Florida's "Stand
> > Your Ground" law, passed in 2005, allows people to use deadly force if
> > they believe they're in imminent danger. Three weeks after Martin's
> > death, no arrests have been made and Zimmerman remains free.
>
> > FBI tells ABC News they are monitoring the Trayvon Martin
> > investigation and have been in touch with local authorities. Late
> > Monday, March 20, after a letter from the NAACP, the United States
> > Department of Justice, the FBI and the U.S. Attorney announced they
> > were launching "a thorough and independent review" of the shooting
> > death of Trayvon Martin. The Florida state attorney has sent the
> > Trayvon Martin case to a grand jury. The Seminole County grand jury
> > will be called to session on Tuesday, April 10.
>
> > Here's everything you need to know about the case:
>
> > 1. Zimmerman called the police to report Martin's "suspicious"
> > behavior, which he described as "just walking around looking about."
> > Zimmerman was in his car when he saw Martin walking on the street. He
> > called the police and said: "There's a real suspicious guy. This guy
> > looks like he's up to no good, on drugs or something. It's raining and
> > he's just walking around looking about… These a**holes always get
> > away" [Orlando Sentinel]
>
> > 2. Zimmerman pursued Martin against the explicit instructions of the
> > police dispatcher:
>
> > Dispatcher: "Are you following him?"
> > Zimmerman: "Yeah"
> > Dispatcher: "OK, we don't need you to do that."
>
> > [Orlando Sentinel]
>
> > 3. Prior to the release of the 911 tapes, Zimmerman's father released
> > a statement claiming "[a]t no time did George follow or confront Mr.
> > Martin." [Sun Sentinel]
>
> > 4. Zimmerman was carrying a a Kel Tel 9 millimeter handgun. Martin was
> > carrying a bag of Skittles and a can of iced tea. [ABC News]
>
> > 5. Martin weighed 140 pounds. Zimmerman weighs 250 pounds. [Orlando
> > Sentinel; WDBO]
>
> > 6. Martin's English teacher described him as "as an A and B student
> > who majored in cheerfulness." [Orlando Sentinel]
>
> > 7. Martin had no criminal record. [New York Times]
>
> > 8. Zimmerman "was charged in July 2005 with resisting arrest with
> > violence and battery on an officer. The charges appear to have been
> > dropped." [Huffington Post]
>
> > 9. Zimmerman called the police 46 times since Jan. 1, 2011. [Miami Herald]
>
> > 10. According to neighbors, Zimmerman was "fixated on crime and
> > focused on young, black males." [Miami Herald]
>
> > 11. Zimmerman "had been the subject of complaints by neighbors in his
> > gated community for aggressive tactics" [Huffington Post]
>
> > 12. A police officer "corrected" a key witness. "The officer told the
> > witness, a long-time teacher, it was Zimmerman who cried for help,
> > said the witness. ABC News has spoken to the teacher and she confirmed
> > that the officer corrected her when she said she heard the teenager
> > shout for help." [ABC News]
>
> > 13. Three witnesses say they heard a boy cry for help before a shot
> > was fired. "Three witnesses contacted by The Miami Herald say they saw
> > or heard the moments before and after the Miami Gardens teenager's
> > killing. All three said they heard the last howl for help from a
> > despondent boy." [Miami Herald]
>
> > 14. The officer in charge of the crime scene also received criticism
> > in 2010 when he initially failed to arrest a lieutenant's son who was
> > videotaped attacking a homeless black man. [New York Times]
>
> > 15. The police did not test Zimmerman for drugs or alcohol. A law
> > enforcement expert told ABC that Zimmerman sounds intoxicated on the
> > 911 tapes. Drug and alcohol testing is "standard procedure in most
> > homicide investigations." [ABC News]
>
> > 16. In a cell phone call moments before his death, Martin told a
> > teenage girl that he was "hounded by a strange man on a cellphone who
> > ran after him, cornered him and confronted him." "'He said this man
> > was watching him, so he put his hoodie on. He said he lost the man,'
> > Martin's friend said. 'I asked Trayvon to run, and he said he was
> > going to walk fast. I told him to run but he said he was not going to
> > run.' Eventually he would run, said the girl, thinking that he'd
> > managed to escape. But suddenly the strange man was back, cornering
> > Martin. 'Trayvon said, 'What, are you following me for,' and the man
> > said, 'What are you doing here.'" [ABC News]
>
> > 17. Zimmerman told the police "he had stepped out of his truck to
> > check the name of the street he was on when Trayvon attacked him from
> > behind as he walked back to his truck." "He said he feared for his
> > life and fired the semiautomatic handgun he was licensed to carry
> > because he feared for his life." [Miami Herald]
>
> > 18. Zimmerman was not a member of a registered Neighborhood Watch
> > group. Zimmerman also violated basic Neighborhood Watch guidelines by
> > carrying a weapon. [ABC News]
>
> > 19. Sanford police chief Bill Lee planned to wrap up the case last
> > Monday without bringing any charges, because, he said, "there is no
> > evidence to dispute the shooter's claim of self-defense," which is a
> > sufficient claim under the "Stand Your Ground" law. [Miami Herald]
>
> > 20. In the first five years "Stand Your Ground" was in effect,
> > justifiable homicides tripled, and the law was a factor in at least 93
> > cases involving 65 deaths. An investigation of cases from the law's
> > passage in 2005 to 2010 found that charges were dropped or dismissed
> > for 57 people, and 7 others were acquitted. [Tampa Bay Times]
>
> > A petition created by Trayvon's parents to investigate his killing has
> > been signed by over 500,000 people.
>
> > More:http://www.alternet.org/story/154624/20_things_you_need_to_know_about...
>
> > --
> > Together, we can change the world, one mind at a time.
> > Have a great day,
> > Tommy
>
> > --
> > Together, we can change the world, one mind at a time.
> > Have a great day,
> > Tommy
--
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