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Friday, March 23, 2012

The killing of a black teen has drawn national attention and scrutiny.

Q&A: Florida neighborhood watch killing


  • What happened?
  • Trayvon Martin, 17, was shot and killed on Feb. 26 during a confrontation in a gated community in Sanford, Fla., with George Zimmerman, a 28-year-old neighborhood watch volunteer who was patrolling the neighborhood. Martin, seen in this family photo, was unarmed and walking to the home of his father's fiance from a convenience store with a bag of Skittles in his pocket.

    (AP Photo/ Martin family photo)
  • What is Zimmerman's side of the story?
  • George Zimmerman, seen in this booking photo, has not spoken publicly. He told police that he spotted Martin as he was patrolling his neighborhood on a rainy evening and called 911 to report a suspicious person. In the 911 recordings, a dispatcher is heard telling Zimmerman not to follow Martin. However Zimmerman ignored that advice and got out of the car to go after Martin.

    Zimmerman told police he killed Martin in self-defense.

    (AP Photo/Orange County Jail via Miami Herald)
  • What does race have to do with it?
  • Martin was black, and Zimmerman's father is white and his mother is Hispanic. Martin's father has said he was attacked because he was black. Zimmerman's family says he is not a racist.

    In the photo, angry community members hold a rally to demand that Zimmerman be charged.

    (AP Photo/Florida Today, Craig Rubadoux)
  • What is the audio that many are talking about?
  • After spotting Martin, Zimmerman called 911 and talked to a dispatcher, who tells him not to go after Martin. Parts of the audio are hard to understand. Zimmerman uses some expletives, and some people claim to hear him using a racial slur while following Martin. Others do not hear him saying that.

    WARNING: AUDIO CONTENT CONTAINS OBSCENITIES.
  • Has Zimmerman been arrested?
  • Police have not arrested Zimmerman. Florida has a "Stand Your Ground" law, which was passed in 2005 and allows a potential crime victim who is "in fear of great bodily injury" to use deadly force in public places. The case has been turned over to prosecutors for review.

    Under the old law, people could use deadly force in self-defense only if they had tried to run away or otherwise avoid the danger. Under the new law, there is no duty to retreat. However, some legal experts question whether the law even applies because Zimmerman went against advice of a 911 dispatcher and got out of his car to engage with Martin.

    The photo shows fliers about the new law that were distributed after it was passed in 2005.

    (AP Photo/Wilfredo Lee)
  • What has been the national reaction?
  • There has been a growing national outcry for Zimmerman to be arrested. An online petition urging local authorities to prosecute Zimmerman has drawn more than 500,000 signatures at website Change.org.

    Rallies have been held in different places in Florida and in New York City.

    Civil rights activist Al Sharpton has visited with Sanford city leaders and attended a town hall meeting.

    In the photo, community members demanding justice for Martin hold a rally.

    (AP Photo/Florida Today, Craig Rubadoux)
  • What has been the fallout?
  • Sanford Police Chief Bill Lee temporarily stepped down, saying that he had become a distraction. "As a former homicide investigator, a career law enforcement officer and father, I am keenly aware of the emotions associated with this tragic death of a child. I'm also aware that my role as a leader of this agency has become a distraction from the investigation," Lee said Thursday.

    Protests have also gone beyond the Florida community, to other cities in the state and New York City.

    In the photo, Lee is shown speaking to the media.

    (AP Photo/Julie Fletcher)
  • How has President Barack Obama responded?
  • Obama has responded in unusually personal terms. On Friday, he vowed to get to the bottom of what happened and said: "If I had a son, he'd look like Trayvon. I can only imagine what these parents are going through, and when I think about this boy, I think about my own kids."

    In the photo, Obama answers a reporter's question about the case.

    (AP Photo/Haraz N. Ghanbari)
  • What's next?
  • The Justice Department has opened an investigation into the case.

    The department said it would send officials to Sanford to address building tension and meet with community leaders.

    "The department will conduct a thorough and independent review of all the evidence and take appropriate action at the conclusion of the investigation," the agency said in a statement.

    (AP Photo/Charles Dharapak)

    Stand your ground

    At the center of the growing controversy on the decision by police not to arrest the shooter is a Florida law on self-defense and violent confrontations. The sections in bold below highlight the language most pertinent to this case:


    776.012 Use of force in defense of person.

    A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
    (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony
    ; or
    (2) Under those circumstances permitted pursuant to s. 776.013. (see below)

    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.

    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
    (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
    (2) The presumption set forth in subsection (1) does not apply if:
    (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
    (b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
    (c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
    (d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
    (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
    (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
    (5) As used in this section, the term:
    (a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
    (b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
    (c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

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