A Loaded Question
Sunday, April 1, 2012 at 10:54AM A lot of new information has come up since my last post about Trayvon Martin. Some true, some false; with some of it somewhere in between. I will only delve into a few things that are clear to me.
To begin with, I will state with complete confidence that George Zimmerman did not work in the capacity of Neighborhood Watch anything during the early evening hours of February 26, the date Trayvon was shot to death by him — by his own admission. Remember that, because there should be no chance to back away from his pronouncement later on by claiming it was an accidental shooting. Nope, he did it and then invoked the “Stand Your Ground” law minutes later, soon after the Sanford Police Department arrived.
During his 9-1-1 call to report a possible drug induced, up to no good, stranger in the hood, Zimmerman made it clear that he was sizing the guy up. He complained that “these assholes always get away.” The cop wannabe tailed Trayvon, even after he was advised not to. This impulsive action rattled the young Trayvon. Wouldn’t you think that, in his capacity as head of the watch, Zimmerman would know the rules? If anyone was supposed to, it was clearly him — the self-appointed captain of the entire Retreat at Twin Lakes. He was the head dude; master of his enclave. It was his to command, and he most certainly put in the most courageous performance of his life that night. Bravo, George! Only he killed an innocent person, a young Black teenager. As a White/Latino man, depending on which one suits him best, does that make him a racist? I don’t know. Did he profile Trayvon? Yes, absolutely, but did he do it strictly based on color? That’s tough to say. I’m inclined to think he did it for his own selfish reasons more than anything else. He was out to rid his narrow-minded world of demons on the prowl. Demons that didn’t play by his rules.
Let’s look at what his rules should have been — the Neighborhood Watch ones he failed to follow — the ones that would have kept his blood from boiling through his veins that night:
Patrol members should be trained by law enforcement. It should be emphasized to members that they do not possess police powers and they shall not carry weapons or pursue vehicles. They should also be cautioned to alert police or deputies when encountering strange activity. Members should never confront suspicious persons who could be armed and dangerous. Patrol members can be equipped for their duties. For example, flashlights or searchlights are necessary for night patrols. Many mobile patrols use cell phones or two-way radios to contact a citizen-manned base station, which in turn contacts law enforcement officials when necessary. Remember your partnerships and ask for donations from local businesses. [Neighborhood Watch Manual: USAonWatch - National Neighborhood Watch Program 20/37]
Clearly, he ignored the rules of the manual he was obligated to follow. He emboldened himself by surreptitiously promoting himself from private to sergeant to lieutenant to captain, most likely in one fell swoop. Now an officer, he became confident enough to mete out his own form of justice because, in addition to that, he had the power of his gun. It was the gun that enabled him to become the zealous superhero he never was, but always wanted to be. He kind of reminds me of the movie Death Wish, only he’s no Paul Kersey, the character played by the late Charles Bronson. Kersey was a tough guy through-and-through. Zimmerman was only tough when he was packing.
§
By now, most of us have seen the video of a handcuffed (but not arrested) Zimmerman entering the Sanford Police Department, sans blood, bandages, nor any discernible injuries to his head. No blood could be seen on his clothing, including his chest, back and arms. Granted, the video is not Hollywood quality, but what’s most important is what it will fail to do in court. If he is charged, the video will do nothing to help prove that he had been pummeled by the teen.
We also have the word of Richard Burke, the Fort Lauderdale funeral home operator who took Trayvon’s remains after it was released by the medical examiner. He said that when he inspected the body, it was in “pristine” shape, minus the gunshot wound to the chest. There were no scratches or cuts on his body, and that won’t bide well for Zimmerman, either. With no wounds, there’s no evidence of any kind of physical altercation.
§
The Orlando Sentinel is now reporting that:
Tom Owen, forensic consultant for Owen Forensic Services LLC and chair emeritus for the American Board of Recorded Evidence, used voice identification software to rule out Zimmerman. Another expert contacted by the Sentinel, utilizing different techniques, came to the same conclusion.
By now, we’ve heard some of the neighbors’ 9-1-1 calls. On one of them, we could hear someone crying for help until the fatal crack of the bullet. Then, an eerie silence fell.
Owen listened to that 9-1-1 tape of the screams and compared it to the voice from Zimmerman’s own 9-1-1 call. By using software called Easy Voice Biometrics, he determined that the two voices were not the same person. Owen told the Sentinel that, “As a result of that, you can say with reasonable scientific certainty that it’s not Zimmerman.”
§
In my opinion, all of the above information does not paint a rosy picture for George Zimmerman. While that information is what I would consider evidence, I have something that’s been giving me a very itchy finger for a couple of days now. Oh, I know it was legal for Zimmerman to carry a concealed weapon. I know he had every right to be inside that gated community. I also understand his concern for safety in the neighborhood. While I question why he didn’t just roll down his window, identify himself and state his case, there was something more sinister lurking in his mind. He was out to gun himself a bad guy whether he knew it at the time or not. Why do I say that? The answer is simple and it’s been staring right at us.
For everyone who’s ever watched the TV show COPS, law enforcement personnel are tickled pink when they take a bad ass out of circulation. When they confiscate a gun like Zimmerman’s, they look for one thing first. Yup, you got it…
The chamber. Zimmerman’s gun must have had a bullet in the chamber because, when it came out of his waistband, it was fired. For crying out loud, the safety wasn’t even on. Doesn’t that mean he came ready for a kill? Did Trayvon?
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Reader Comments (73)
In addition to your well written blog i also, on occasion, bounce to Mr. Hornsby's blog as sometimes he will give his own opinion on current events and to my amazement he chimed in on his thought citing some things.
Primarily there are 3 laws he referenced and essentially all that has to be done is Zimmerman claim one. "Stand your ground" is the primiary law in which Zimmerman is arguing or hanging his hat on and because there are no witnesses to collaborate it is a simple: he said/she said.
Mr. Hornsby, like you, has an excellent way of explaining things and bringing them into perspective but it seems to me that Florida law doesnt condone vigilanteism?
As you pointed out; the basic bylaws of the Neighborhood Watch prohibit their volunteers to carry a firearm. True, Mr. Zimmerman was a permitted carrier and this may be a point of contention depending on how serious LE looks at Neighborhood Watch meaning do they respect their efforts.
Secondly and the one point i, like many of you may have difficulty with is that the 911 operator instructed Zimmerman not to approach the suspect but disregarded the order. What i dont like is the scrutiny being done on Trayvon and the media's attempt to paint a picture of what or who Mr. Martin is/was.
Recently the video of Mr. Zimmerman being questioned now shows possible evidence that there is an abrasion on his head but nothing conclusive. Mr. Zimmerman also diagnosis himself with a broken nose. Several medical professionals have voiced their suspicions on this because there is no noticable swelling and or bleeding.
IMO, if Mr. Zimmerman is adament that Mr. Martin was attacking him wouldnt there be defensive wounds on Mr. Zimmerman or offensive wounds on Mr. Martin? As i sit in my arm chair i also wonder about gunshot residue on Mr. Martin. If i were claiming "self defense" it would be reasonable to expect to find large amounts of gunshot residue near the entry wound. Meaning that there was a struggle and fearing for his life the gun went off? I dont think anything has been said but if there is a lack of residue I would suspect that Mr. Zimmerman took aim on the defenseless Mr. Martin (unless you think that Mr. Martin was going to dump his bag of skittles creating a tripping hazard? the ole' banana peel trick?) which would mean intent.
My last post spoke about dillusions of grandeur: I have no doubt that Mr. Zimmerman desired being a police officer and i have no doubt that being a part of the Neighborhood Watch and climbing, or claiming, the rank as captain made his desires more of a reality. For those who object to gun control this is a perfect example as to why, even with our 2nd Ammendment Right, there needs to be some consideration. Our forefather, i am certain, did not invision that the American people exploiting their right potentially hurting or killing others otherwise our forefathers would not have created laws focusing on murder.
[I'll tell you, BMan, you gotta love Richard Hornsby and his wonderful way of putting law into easy-to-understand language.
One of the compelling issues, in my opinion, will be whether Zimmerman was working in his capacity as a Neighborhood Watch captain, a self-administered officeship. Here's the dilemma as I see it. If he was not working, then he is allowed to carry his gun. If he was working, then he was not supposed to be carrying his gun according to the NW guidelines. The single most important question I would ask then is this: During the course of Zimmerman's multitude of 9-1-1 calls, how many were made on-duty and how many were not? Did the program in place at the gated community, in fact, have schedules that were followed by all NW personnel; meaning on and off the clock, disregarding pay? Was it a blanket schedule? By that, could Zimmerman announce himself as a NW official at any given time?
That's a potential problem in my mind. If he was off-duty, then he should have been able to carry his weapon, otherwise, he shouldn't. This, in turn, brings me to another aspect of it. An off-duty police officer can intercede in a time of need. An example of this would be stumbling into the middle of a robbery or rape. Suddenly, he/she's on-duty and is afforded the protection of the law in that capacity. When Zimmerman smelled trouble, was he working as a “concerned” citizen or obligated to react because of his capacity as a NW captain?
Is any of this really viable? I can't say from a legal perspective, but it's something worth serious discussion. What isn't worth talking about is Trayvon's past record. I agree with you; it has nothing to do with what transpired on Feb. 26.
Here is another problem I see for Zimmerman. So I make a fist and punch you in the nose. You fall down and hit your head on the pavement. I place myself over you to end the aggression, but instead, you feel like the underdog and as a NW captain, you won't let anything get in the way of your ego. You pull out your gun and fire. BAM! End of story. It helps you a lot because you know the law and have your stand your ground excuse ready and waiting. My point is that I feel Zimmerman overreacted. He was a tough guy until someone proved otherwise, and he wasn't about ready to accept that. My goodness, what would that do to his dillusion of grandeur – to be a cop with a real badge?
Thanks, BMan, you always make me think. And don't worry about a few small typos. To be honest, I never even noticed.]
In reference to my post(s): Please fogive my spelling and punctuation, sometimes my inner monologue speaks faster than i type and my carlessness can be seen...:-)
The following statement came off of an op-ed that was so stupid that only what I'm pasting here was worth reading-so forgive me for not leaving the link:
Zimmerman has not been arrested because he told police he acted in self-defense, and then-Chief Lee said police did not have probable cause. Florida Statute 776.032 expressly prohibits police from arresting someone who had a reasonable fear of imminent death or great bodily harm. Police may investigate, the statute says, “but the agency may not arrest the person” without probable cause.
So, Sherry, let me get this straight. Anyone can shoot anyone and claim self-defense if they say they were afraid and it can be seen as a reasonable fear (by whose criteria?). All right-y, then, Floridians, head for the hills! Looks like Open Season to me...
I just watched a timeline youtube clip presented by Don Lemon on the CNN website. Z started his 911 call at 7.11 PM. T's girlfriend has an incoming T-Mobile to T-Mobile call ( by all accounts T is on the other end ) at 7.12 PM. It is just about then or maybe a few seconds earlier that Z claims that T is staring at him. At 7.13 Z says the subject took off and the dispatcher asks "Are you following him ?" To which Z says 'Yeah'. Observe that he is no longer standing his ground. At 7.15 Zimmerman completes the call. At 7.16 the call to the girlfriend gets disconnected abruptly. So not only did T attack Z with skittles and iced tea, he was talking on the phone while he did it.
[Hello, skalathil! Welcome!
If this timeline is true, SPD arrived at 7:17, one minute after Trayvon gets off the phone with his girlfriend. That gave Zimmerman one minute to end his conversation and return in the direction of his vehicle. That gave Martin one minute to end his conversation with Zimmerman, allow him to turn and walk toward his vehicle, chase after him, attack him blindly, forcing him to the ground pummeling him, and getting shot in the chest. Yup. Sure. Right. I don't believe Zimmerman, and that's why a valid timeline is so important.]
I know, Karen C., I thought the same thing when I read it and that's why I posted it here-I'm hoping Dave sees it and can add his take on it. The author of the article was waaay too biased for me to take just her word for it.
She said that Zimmerman was right to wonder about Trayvon with his bad background. HUH??? How did Zimmerman know about Trayvon's past at the moment?
skalathil~~I like the way you use logic. The timeline of the call that came in when you can hear the screaming will be vital when compared to the other calls. You can hear the gun shot on that same call.
Sanford PD 911 would have a record of the time this call came in. When 911 answered the screaming was audible... the gun shot was at '41' seconds in from start of call.
911 call-screaming heard
Dave - I see Jose is up in our neck of the woods appealing the life sentence of one of the kids in a horrible murder case. Information is on the Ocala Star Banner.
Hope all is well with you and everybody on your blog.
[Hi, Nika1! I hadn't heard about Jose and his new challenge, but I most certainly will study it. Thanks for the heads up.
Everything seems to be fine with everyone as far as I can tell. I've still got one more write-up on my trip to Gainesville to do. Fortunately, my long-term memory is still intact, so it shouldn't be a problem.
Hi there Nika1. I just checked that out. I notice they used the words "famously defended CA" when referring to José... What a gruesome murder. The appeal with take months and months... I wonder how Baez will make out with this one.
I expect Dave will check in here later. He could be busy writing.
*will take months....not with I have six windows open so please forgive
We need a chuckle even when things are serious...be sure and watch video..
Lawrence O’Donnell Goes Ballistic On Zimmerman's Lawyer, Interviews Empty Chair After He Runs Out Of Studio
Here is an enhanced version of the audio of Zimmerman. Did he use a racial slur? What do you think?
Enhanced Audio
[It sure does sound like a racial slur to me, not the word "cold." It sounds like there's an "s" at the end of it, but it also sounds to me like he said "cones." Was he chasing after a Conehead? I doubt it.]
Mr Knechel, get your buns in here. I am going on vacation!!
Folks, he is alive and well...honest!
If I didn't know better, I would believe these words are mine...
Instant ‘justice’ usually a recipe for injustice
[Yes, I'm back, Snoopy, and thank you for holding the fort in my absence. I had a rather difficult past two days, but I'm fine now.
The article was well-written and the advice was the best I've read so far. I'm still trying to piece together what facts we do know, but there aren't that many.]
Well, I'll tell ya, I just spent a ridiculous amount of time listening to the "new" "enhanced" (NOT necessarily "New & Improved!") audio tape of the 911 call, where NOW the CNN sound engineers have removed "wind", etc., and DANG, but it doesn't sound a wee bit closer to "cold" than "coons". The "oooh" sound has rounded to an "oh" (how did that happen, exactly?), the "ns" combo could maybe be a "d", but without the slight "eh" sound at the end of a "d", when it ends a word. It's still a coin toss though. I guess we have to wait for the FBI take on it, as there's no telling what the CNN folks will parse out next. "Paul is dead" would be my guess at this point.
Hope you're OK, Dave....
[Clearly, you could hear John say "I buried Paul" at the end of Strawberry Fields Forever, although the official statement clarified it. "Cranberry Sauce" was the true wording. Uh huh.
In the spirit of maintaining mass hysterics and confusion over this case, I think there should be a third interpretation of the word proceeding the F bomb. "F'en CODES!" Zimmerman wanted to warn the cops that it was a gated community and they needed the code to gain entry. Knowing that it would slow them down, he decided to chase after the bad guy all by his lonesome. That explains it.
Yes, Karen, I'm fine today, thank you.]
Well, I heard "coon" the first time I listened to it, then I read where someone thought it was "punks" and that was what I heard, and if I listen to this enhanced audio I suppose I will hear "cold." Oh, brother...lol
[I really don't buy into the "cold" theory. It wasn't THAT cold on February 26. High 69, low 55 - so it was probably 65 with a light rain. I've lived here since 1981, and that's what I would hardly call f'en cold. Where was Zimmerman from? Virginia? Trust me, it wasn't cold to him, either. Personally, I don't think I was a race thing, I think it was a gun nut with a... gun. People don't normally walk around apartment complexes, condos, townhouses and so forth, packing a pistol. There also seems to be some confusion over his trip to a Target or grocery store. With a gun at his side, I think he was going to the grocery store to do some target practice, although someone beat him to the punch and he overreacted.]
I hear "punks."
I just don't hear a plosive "p" sound. I do hear a "k" sound, beginning the word, whatever it is. "Punks" IS what he's saying he said, but his buddy there said he said "cold"- "effin' cold". They all better get their stories straight. A plosive like "p" is very specific, and should show up pretty clearly on their equipment. It is muttered under-his breath, though, but why- unless he said something he feels somewhat self-conscious or ashamed of? Like, "coons"? As opposed to, like, "cold"? 9-1-1 doesn't care about four-letter words. They'd likely sit up and take notice if they hear "coons", though....
Sanford, Florida (CNN) -- A forensic audio expert who analyzed 911 recordings disagrees with speculation that George Zimmerman uttered a racial slur moments before shooting Trayvon Martin to death.
What the neighborhood watch volunteer whispered as he followed the teen leading up to the deadly confrontation could weigh into the decision about charges against Zimmerman.
The garbled word that raised controversy was "punks," not "coons," said Tom Owen, chairman emeritus of the American Board of Recorded Evidence.
Read more here....
Source
You have an interesting blog with some good info, but unfortunately, you and some commenters don't know much about concealed carry. The gun Zimmerman was carrying does NOT have a manual safety. Plus, most people who carry semi-autos do so with a round in the chamber.
Your assumption that Z was carrying in a way that indicated he was out to get someone is inaccurate.
By law, the gun must remain concealed at all times, until a threat justifies pulling it out, so it's unlikely he was brandishing it to scare the boy as some have suggested.
I saw in another post that you were going on that myth that Zimmerman was much larger than Trayvon. NYT now says Z is 170 lbs. perhaps you have since corrected it, but if not it's mportant that you do.
[I appreciate your comment very much, Juliesa, and I plan on publishing a post addressing some of these issues. I will say that, since Z was not playing by the Neighborhood Watch rules, there's a very good chance he didn't follow anyone else's rules, either, other than his own. That could include where he kept his gun. The bottom line to me is that he failed to follow instructions from the NW manual, and he ignored the advice of the dispatcher. Knowing he was carrying a loaded and ready-to-fire weapon, he neglected to heed everything he was taught about firearms. This teen is dead. That's DEAD, and he ain't coming back. That's the most disturbing part to me. Without the gun, Z wouldn't have had the brass b*lls to go after anyone. After all, it WAS a law enforcement job, wasn't it?
As for the weight discrepancy, I based my article on the information given at the time. I can't go in and edit it later because the comments already published could reflect the earlier info. As new info comes out, new posts are published. Hey! Thank you, to be honest, you could help out tremendously here, so keep that in mind. I'd much rather be correct. - Dave]
I am not sure about the safety issue and or whether it was engaged or not but quite frankly it is a moot point. I am not sure if it is a common practice but I dont think it unreasonable to believe that once Mr. Zimmerman identified himself to the 911 operator that she/he did not get prompted that he was a concealed weapon permitted carrier.
Dave said it best, Mr. Martin is DEAD and is not coming back. There were choices that could've been made by Mr. Zimmerman and he failed to act accordingly. He ignored two direct orders (1 indirectly which is NW do not carry weapons) so it stands to reason that Mr. Zimmerman brandished his weapon prior to the altercation.
I have yet to find out if Mr. Martin's clothing had substantial amounts of gunshot residue which would suggest (if it is lacking) that Mr. Zimmerman took aim on Mr. Martin and intended to kill Mr. Martin opting not to injury as most police officers are instructed to do especially when the perp is brandishing a package of skittles.
Mr. Zimmerman had no right and or justification to approach Mr. Martin and in the end kill him. That is the uproar not the fact that he was carrying the weapon.
[I must stand corrected on the gun safety and chamber, BMan. But regardless, Zimmerman had a gun and Martin is dead. That weapon made him a big, powerful idiotic supercop.]
Dave, this is the 1st understandable and concise reporting on this case I have heard or seen as TV and newspapers and other print news headlines and "indicate" they are providing insider info, when they haven't stepped outside to "go to the source".
Thank you......Nay
Thank you, Nay. I try to be clear and concise. From now on, I'll have to be as centered as possible. I know people on both sides and both sides have their own take on the events. I hope I don't let you down.
Zimmerman legally held a CCW. He had every right to carry a concealed gun. You folks are crying about other people's legal rights. What a shame that you wouldn't want your right violates but its okay to violate others. Sad.
Yes, Zimmerman had every right to carry a gun, but does that mean he had a right to use it? That's up to the court to decide. We can take sides and talk about it all we want, and that includes you, JohnJohn, but until we know the facts surrounding the case, we can only speculate. For anyone to set their views in stone is the real shame.