Originally Posted by DjEclipse
I just listened to the first audio tape you posted. You're right.
Zimmerman's reply on why he didn't identify himself as neighborhood watch to Martin, "It's not my job." That struck a chord with the Detective who replied "It wasn't your job to monitor him either."
- Detective: "Have you told this child you was neighborhood watch, we probably wouldn't be here right now."
- Detective: "Your had two opportunities to identify yourself as somebody who was not meaning to do him harm."
- Detective: "Problem is he perceives you as a threat he has every right to defend himself, especially when you reach into your pocket to grab a cell phone."
*all quotes from http://184.172.211.159/~gzdocs/docum...iew_0229_1.mp3
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Sorry Warborn, I had written up a reply and then my browser decided it was time to a take dump
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Unfortunately, the detective's "testimony" in this case (I only use quotes because he's not actually giving testimony in court) can very easily be argued as flawed; nowhere in the law is Zimmerman required to
identify himself as a non-aggressor, and though following somebody is grounds for future legal action, if he is not making any threats it is not justifiable for self defense (Martin, that is). Furthermore, reaching into your pocket is a very murky area, with precedence on both sides (I'll try to find the links later -- they weren't in Florida though so might not hold up in court) claiming that it IS a reasonably threatening gesture, and that it is NOT a reasonably threatening gesture.
Again my big problem with the self defense case (Martin) is that, even though yes, Zimmerman did pursue Martin initially, Martin then pursued him after he left to return to his vehicle, making it an unnecessary escalation of force and negating legal self defense for Martin.
EDIT: Basically in my opinion they're both very much at fault. Zimmerman was not thinking clearly about his personal safety (he should not have pursued Martin, just reported it and went home or continued patrolling or whatever) and Martin most certainly (in my opinion) should not have pursued Zimmerman. Zimmerman was trying to do "his job" as neighborhood watch, Martin had a chip on his shoulder and apparently feeling scrappy.
We all have different opinions on this (and os OP said, it's a very polarizing issue) but I think one thing we can all agree on is that there are lessons to be learned here: If you're not a cop, don't do ANYTHING resembling what a cop would do, other than "observe/report" (and KNOW YOUR LAWS), and don't go looking for fights -- there are an estimated 200 million personally owned firearms in the US, and in Florida in particular you've got about a 1 in 20 chance of running into someone who's legally carrying.