I've piped up briefly on a couple of other fora on this subject because, as does everyone else, I have an opinion on this situation. My opinion may be shown to be wrong as additional facts are released, but I have one none the less. And I feel moved to speak out on the multiple issues surrounding this tragedy as I watch people whip themselves into a frenzy over whatever piece of this they identify with. Those various frenzies are taking on lives of their own.
I'll open by staking out my ground: The scenario as presented by Mr. Zimmerman doesn't pass a "smell check" with me. NOT because of respective issues of race, or perceptions of race (I'll get to that in a bit), but because regardless of the final decision as to whether or not Mr. Zimmerman was within his rights to pull the trigger; he was automatically wrong the instant he decided to ignore the Police Department's direction to stand down. That fact is not in dispute. He called 911, and he was told in clear terms to await a police response.
Now, it has been established that Mr. Zimmerman had no more "authority" than an average citizen. Neighborhood Watch personnel perform a laudable function (if done correctly) but they are *not* vested with any additional legal authority in terms of law enforcement. Most states permit citizens to intervene to prevent the commission of a violent felony, but there is always the issue of proportional response. (I've also been told by several lawyers that "citizen's arrests" are a legal mine field.) This situation is compounded by the fact that, per media reports at least, Mr. Zimmerman has taken courses in law enforcement. I would be surprised if he had not received some amount of education on the specific legal authority vested in law enforcement officers, and how that differs from the authority of civilians.
The next fact that is not in dispute is that Mr. Martin and Mr. Zimmerman became engaged in a physical altercation. The last fact that is not in dispute is that Mr. Zimmerman shot Mr. Martin, killing him. Only two people know exactly how this went down, and one of them are dead. Depending on one's prejudices, two possible scenarios for that confrontation and altercation are available.
- One may choose to believe that Mr. Martin did indeed have nefarious intentions, and he jumped Mr. Zimmerman in order to escape capture, if not to facilitate his execution of those intentions. If one accepts this interpretation, Mr. Zimmerman's use of deadly force becomes more plausible. There have been assertions that Mr. Zimmerman was treated for minor injuries resulting from a simply attack, which would seem, in on the surface, to bolster this assertion. This scenario has Mr. Zimmerman simply shouting "Hey, what are you doing?" prompting Mr. Martin to immediately attack, with such ferocity that Mr. Zimmerman was put in fear of his life.
The problem with this scenario is doesn't seem to match what facts and information are available at the moment. It immediately ascribes illegal motives to Mr. Martin, none of which are in evidence. Mr. Zimmerman reported the "suspicious person" and was told to await a police response. Nowhere have I read that Mr. Zimmerman subsequently saw Mr. Martin attempting any felonious activity and intervened based on that.
- One may choose to believe that Mr. Zimmerman was a "wannabe cop," bent on vigilante justice because of the other break-ins in his neighborhood, as well as an inflated sense of self-importance in his role as Neighborhood Watchman. This scenario has Mr. Zimmerman confronting Mr. Martin, gun drawn, and attempting to detain him pending police arrival.
The problem with at least parts of this scenario is immediately opens the door to accusations of callous racism. Mr. Zimmerman simply gunned down Mr. Martin because he was black and "in the wrong neighborhood." If that was the motivation, we don't have any evidence of it. There have been accusations to be sure, but no evidence. Mr. Zimmerman's alleged physical injuries could be explained in this scenario by positing that Mr. Martin was in fear of *his* life, being confronted by a random, armed person; and he fought ferociously to prevent being killed.
Based on the paltry information available, here's what I believe the evidence currently supports: For whatever reason, prejudice or simply over-sensitivity because of other recent crimes, Mr. Zimmerman took it upon himself to step beyond the appropriate bounds of his role as a citizen. There is evidence that points to Mr. Zimmerman initiating the confrontation, as he's recorded as "tailing" Mr. Martin. At least one media site reports a phone call between Mr. Martin and his girlfriend just before the shooting, and the picture it paints is that of a young man uncomfortable with being "tracked."
Whatever the final actions that precipitated the shooting, it was Mr. Zimmerman's decision to "act," in the face of direction to the contrary, that triggered the sequence of events. My opinion is, if he is not charged with manslaughter, it will be an injustice.
Now, what upsets me even more is the side-stories being spun up with this. Race-baiting from both ends of the spectrum is in full swing. The web is awash with reprehensible statements by people who clearly believe Mr. Martin was suspect simply because he was black, thus it is a case of another thug "getting what he deserved." At the other end of this teeter-totter is Rev Sharpton (et al) claiming "whitey is still hunting blacks" (my phrase, but it encapsulates the rhetoric). Spike Lee "tweeting" a completely wrong address with respect to Mr. Zimmerman didn't help things either.
If Mr. Zimmerman's motivation is actually established to have sprung from bigotry and blind hatred, then it is on him. It isn't a policy statement.
The other side show is the usual suspects in the anti-gun camp. Mr. Martin's body had barely made it to the morgue before anti-gun commentaries "blamed" this on the "stand your ground law." For the uninitiated, "stand your ground" means the law supports the position that you are not obligated to retreat in the face of a threat, if you are in a place you have a lawful right to be. Associated ideas are the "castle doctrine" and arguments covering the range of self-defense actions. The anti-gun camp is eager to show that if that Florida didn't have "stand your ground" in effect, then Mr. Martin would be alive.
Except that given the narrative currently available, "stand your ground" doesn't obviously come into play. Actually, and even more confusing is; one can easily argue Mr. Martin had a right to stand his ground when accosted by a stranger with no institutional authority to be detaining him. Mr. Martin had a right be where *he* was, it was Mr. Zimmerman who overstepped his bounds.
But the folks running this line care less about the actual death than the opportunity to push their pet positions forward. I have seen at least one call from those quarters to use this, not only to rescind "stand your ground" laws, but to again call for significant restrictions in private firearm possession. The theory being Mr. Martin might well be alive if Mr. Zimmerman wasn't permitted to have a firearm. That sounds comforting, but historical fact doesn't back it up.
If there is to be any justice in this case, Mr. Zimmerman must be held accountable for his actions. But the core story is being lost in all the noise.