Zimmerman in Custody: Second-Degree Murder Charge Filed
Wednesday, April 11, 2012 at 6:07PM 
There you have it. The most damning evidence to date, as far as I’m concerned, came from the interaction he had with the police dispatcher, which was recorded and released:
1) He got out of his truck to;
2) Pursue the victim
In my opinion, his major mistakes were that he carried and discharged his weapon, ignoring the edicts of the Neighborhood Watch program, and he ignored the dispatcher’s advice to stop chasing after the victim.
On the recording, he admitted both.
George Zimmerman turned himself into the Florida Department of Law Enforcement.
Orlando attorney Mark O’Mara will represent him. You may recall that O’Mara was the first legal analyst to join WKMG during the Casey Anthony trial. (And he continued to be.) Mark NeJame later joined the team. O’Mara is well-respected by everyone, including me. He’s a very likeable, respectable and respectful guy.
May justice prevail.
Dave Knechel | tagged 2nd-Degree Murder, Second-Degree Murder | in Angela Corey, Benjamin Crump, Dave Knechel, David B. Knechel, David Knechel, Florida Department of Law Enforcement, Marinade Dave, Marinade Dave Knechel, Mark O'Mara, Seminole County, Stand Your Ground, State Attorney Angela Corey, State Attorney's Office, Sybrina Fulton, Tracy Martin, Trayvon Martin, Zimm v. Slimm, marinadedave | Share Article 
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Reader Comments (108)
I just hope our Constitution works, not sensationalism. ALL ARE TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW. Let's take down the nooses and let due process prevail. ALL of the facts aren't out yet, for sure. The media has him guilty, some groups have him guilty, and THAT'S just as bad as being prejudiced of a "Hoodie"........ now I'll remain quiet and follow the case exclusively, via, Marinade Dave..
This note made possible by my use of "Dragon" software
I would like to know what evidence they found to charge Zimmerman with second degree murder. Somewhere we will see an affadavit maybe??
Snoopy, I think it may be his pursuit-looking for trouble-that makes it the charge? Also, someone said that the gun would have had to have been at the ready for shooting because it had to be unlocked? I don't think I said that right. Anyways, the time it takes to make the gun ready to fire might factor in-premeditated. Concealed Carry means the gun must be locked and secured in the holster.
Sherry~~the prosecution had to find something to show this was intentional. I am not familar with concealed weapons rules and regulation so appreciate any info you can provide. TIA
Zimmerman is en route to the Seminole County jail as I type... JVM has it on live and a chopper is in the air looking for the motorcade
I will do my best to research and write about the second-degree murder charge tomorrow.
HEY, JOHN!!! Great to see you, and thank you, my friend! I hope to never let you down.
Mike Tyson on George Zimmerman: ‘It’s a disgrace he hasn’t been shot yet’
Mike Tyson thinks that George Zimmerman deserves violent retribution for the shooting of Trayvon Martin.
...It's a disgrace that man hasn't been dragged out of his house and tied to a car and taken away. That's the only kind of retribution that people like that understand. It's a disgrace that man hasn't been shot yet. Forget about him being arrested--the fact that he hasn't been shot yet is a disgrace. That's how I feel personally about it."
Sherry~ ~I wonder if Tyson would chew Z's ears off first . I think some boxers get punch drunk.
Second Degree is what I expected may end up offering a plea deal to manslaughter..Though none off us no the facts yet. I get the feeling after the Anthony fiasco an the intence pressure cooker of Race being thrown into the mix a gag order may be the best way to try an keep things calm.One thing I am certain of is that J Perry will not take the helm an steer this trial.Probably a white female judge I M O.
The trial will be held in the county I reside in, Seminole, unless it's granted a change of venue, which the defense will apply for. Casey's was in Orange.
Mark O Mara's presser
Video
George Zimmerman's new attorney said Wednesday that his client will plead not guilty to second-degree murder in the death of unarmed Florida teen Trayvon Martin.
I would take a plea and go before a judge. There is no way they can pick a jury for several reasons. A change of venue would be frivolous.
Hi all! I expected manslaughter, so it will be interesting to see what evidence warranted 2nd degree murder. I never understood how this tragedy became about race. Maybe sloppy police work but race? Whatever.
I do hope Trayvon's parents get the justice they are looking for. So much about this case made me say what?
This is a little off topic but SNOOPY you have not lost your touch. I read your comment last night about the gun, bullets etc. Made me spit water. Laughter is still the best medicine and I do hope everyone just tries to look at this from Trayvon's parents perspective. Everything does not have to be about race. jmo I promise I will try to do better and comment sooner.
Laurali~~ I wish to inform you that I have lost my touch. My prediction on the outcome of this was way off the mark. I never thought it would end up as second degree murder. The special prosecutors must have found something that I never came across.
My next prediction will be wrong again so here goes...
Zimmerman will get immunity because of the Stand Your Ground law and then the judge will dismiss the case.
Once an old fool, always an old fool...that's me sweetie!
Hey Dave and All!
Dave - I'm following you on this story. Your articles have been very informative and sensible. Looking forward to your next article on Murder 2 and what factored into that charge. There must be so much more to come out that we're not aware of.
Snoopy, in this video they ask and answer why it is 2nd degree murder:
YT Video What's next for George Zimmerman?
The expert said it is because there was no premeditation.
"I wish to inform you that I have lost my touch. My prediction on the outcome of this was way off the mark. I never thought it would end up as second degree murder. The special prosecutors must have found something that I never came across.
My next prediction will be wrong again so here goes...
Zimmerman will get immunity because of the Stand Your Ground law and then the judge will dismiss the case.
Once an old fool, always an old fool...that's me sweetie!"
Oh Snoopy I disagree with you on the outcome ha! I don't see it with just the evidence we have read. I want to see the clothes and the PICTURES!!!
Sherry~~the video is not available in my country. Dang... that happens a lot. Thanks for trying to help me make some sense of things. I think second degree murder is quite harsh and was sure he would get manslaughter.
I am one who does not think this was a race issue with Zimmerman. He made mistakes and I blame the Sanford PD for not holding him at least for just under 24 hours which they can do without laying charges. That would have given the PD time to garner enough evidence to take him in and charge him shortly thereafter.
I notice the special prosecutor was doing damage control re the Sanford PD in her presser. I guess that is part of her job.
Shyloh~~~ahhhh you are just feeling sorry for this old fool. I wish that I could be right just one time.
If I were in Orlando, I would head off to the lockup at Seminole and take some pics of Z. I wonder where that red jacket is...hmmmm
Dave lives just a little over 4 miles from the jail...maybe he would let me tent under his Tapioca tree for the night... doubt it tho...
Another YT Video:
Zimmerman's Murder Charge: Prosecution Must Prove 'Depraved Mind'
A special prosecutor in Florida said Wednesday that she was charging George Zimmerman, the neighborhood watch volunteer who shot and killed 17-year-old Trayvon Martin in a confrontation in late February, with second-degree murder. Jeffrey Brown discusses the legal reasoning behind the charge with Florida attorney Jeffrey Weiner.
Trayvon Martin was a minor so there is an 'aggravated circumstance' if this goes to a penalty phase.
Sherry~~thank you so very much!! I could listen to Jeffrey Weiner forever. He agreed that second degree murder was too harsh. He explained things so well and had a goldmine of information. I will be looking forward to seeing if Z can make bail and then we will start to see the discovery and know the witnesses. I wish Mr Weiner had mentioned the immunity.
The two lawyers who came out yesterday and said they were off the case sure didn't make many friends. So far, everyone I have listened to, even Weiner, says they should be reprimanded by the Bar Assoc.
YW, Snoopy!
So the videos from CBS News cannot be seen from where you live? If I post any more videos I will try to keep that in mind. Yes, Weiner is good at analysis. Its the first time I've heard of him and i like!
Until we know more from trajectory, ballistics, and the autopsy report- not to mention if there are other eyewitnesses or ear witnesses (who may well be known to their office, but not to us for really obvious reasons right now!) we won't know if this is really overcharged. Presumably any jury they're able to seat will be allowed to consider second degree or lesser come trial.
She seems pretty confident with whatever she's got.
The following is quite interesting.... video and transcript It is pretty much in line with what you are saying, Karen C....
Prosecution vs Defense
Hello Dave et al...
From what I can gather, most of the legal pundits do not think that Zimmerman will get bond. I also heard that Z will be appearing before the judge at 1:30 pm today and it will be carried live by some news outlets. One other thing I found interesting is that Trayvon's mother said that she thinks it was an accident. It goes to show that healing has begun. The following is from WESH...
Zimmerman To Appear Before Judge On Murder Charge
Hello, Snoopy -
I'm tossing around the idea of going up to the hearing, but our family friends are coming today for the last time until next winter. They leave for NJ in a couple of days.
Dave~ ~I do not expect the hearing to be very long and it will be televised. CNN prime just said they will be carrying it. Your old pal, Beth Karas was just on there discussing the case. Everyone seems to agree that the prosecution found some crucial evidence to charge Z with second degree murder instead of manslaughter. It will be interesting to eventually get access to the autopsy report and any info they have on ballistics. The distance from the gun being fired and the entry into Trayvon's chest may have played a big part in their decision. Of course, forensics may have enhanced those 911 calls and found something. I am also anxious to see O'Mara in action and find out who the judge will be.
The first poster has given me a moment of pause and to an extent a little chuckle. Innocent until proven guilty is something everyone hangs their hat on when incidents like this happen. There seems to be a barrage of those who come out of the wood work to fight for human rights and try to invoke some sort of deserved right.
The 2nd Amendment allows us citizens the Right to Bare Arms. When our forefathers made this one of our inalienable rights I will proffer to guess that they did not intend on all Americans procuring all the weapons they could handle with no recourse. I’m certain that the inalienable right would not be given to criminals and or to those with mental instability.
In my opinion with the threat of outside forces who did not want to give the new colonizers the freedom they were seeking and on the forefront of the newly colonized new world our forefathers allowed all Americans the right to defend themselves and their family from tyranny.
…this will make sense in a minutes…
The formation of the NRA solidifies and guarantees our rights as Americans the right to purchase firearms. Some of these firearms are strictly used to provide food and subsidence for our family(s). Some use it as a sport. Some do it for the sheer collection of really cool shhhtuff, Charlton Heston comes to mind.
From the beginning of the formation of our nation laws have been morphed and molded to our current needs. Take for instance one of the most absurd laws in Florida and it read: “The state constitution allows tor freedom of speech, a trial by jury, and pregnant pigs to not be confined in cages”. To ensure I am not picking on Florida here is one for Colorado: “it is permissible to wear a holstered six-gun within city limits, except on Sunday, Election Day, or holidays”.
Obviously today these “laws” do not work. They have outgrown their intended purpose.
Looking at “innocent until proven guilty” I believe, to an extent, this too has run its course and is often overused or misappropriated. Essentially article 11 simply states you have the “right” to be presumed innocent. You have the right to be many things but that does not mean you have the right to do it. As indicated above all men have the right to “bare arms” but with those rights comes conditions.
Since the inception of our “laws that govern man” many things have developed advancing the world of man. One of the greatest accomplishments, some may argue, is television and media, and or sources that report worth stories…news.
Mr. Zimmerman lost his innocence once he stepped out of his car and decided to pursue Mr. Martin against the suggestion of the 911 operator. Mr. Martin, at this time, has done nothing to warrant Mr. Zimmerman to confront him. It would stand to reason that if you, the reader, were walking home and someone came at you and or began to follow you without provocation; who’s to say that you wouldn’t confront the aggressor? I suspect that what Trayvon did. Everyone has within them “flight or fight”. Mr. Martin probably acted on both starting with fright then fight. Mr. Martin simply stood-up to his aggressor and died protecting his own liberty.
I don’t really care what their past was like. If they come-out to show that Zimmerman was a pinnacle of the neighborhood and Martin was the nadir. To me everything has to do with ‘that’ instant. Zimmerman profiled another human believing he was bad and “one of those”. Profiling, by the way, is a newly instituted law, of sorts, which goes to show how things progress and morph.
It is not as though the evidence surrounding this case in contrived and or conjured therefore, if anything, Zimmerman is guilty unless he is proven innocent. I am not calling for Mr. Zimmerman’s head, or his life for that matter; we will never know what really happened out there but in the end one person lost his life and another hid behind and embellished existing laws excusing his actions.
Buonauro said the judge will likely push for an immunity statute, which is like a mini-trial. Of course, the prosecution will fight against this.
If reasonable evidence is presented that Zimmerman was defending himself the night that he killed Martin, the judge could dismiss the case.
Buonauro also said that a lesser charge of manslaughter, which carries a 15-year sentence, would be easier for the state to prove.
All the legal analyst seem to agree that the prosecution overcharged. The following in interesting and informative.
WFTV talks to legal analyst Robert Buonauro about George Zimmerman's second-degree murder charge in the Trayvon Martin case.-Video
It was a good - political - move.
Charge Zim with murder (now authorities have done their job)
Pleade out Zim to manslaughter (now authorities have saved a protracted trial and monies)
Where's the REAL investigation into SanFord police?
Who the hell knows...
Dave~~I wonder if this old fart is looking to join Mark O'Mara and have some fun...
Casey Anthony's Lawyer: Trayvon Martin's Family Guilty of "Racial Bigotry"
here is a thought when the American Founding Fathers granted all Citizens rights to bare arms.Maybe they just meant short sleeved shirts?
Live Stream-Zimmerman's hearing
Hearing scheduled for May 29th at 1:30pm....O'Mara will do a short interview... gag order?? Bond hearing may be requested by the defense before that date.
George Zimmerman, the Neighborhood Watch volunteer arrested yesterday in the fatal shooting of 17-year-old Trayvon Martin, faced a judge for the first time this afternoon.
Meanwhile, a probable cause affidavit has been filed in the second-degree murder case. In the two-page document, prosecutors offer little new information about the shooting.
However, they said in the affidavit that "Zimmerman confronted Martin," an apparent contradiction of Zimmerman's version of the events that led to the shooting.
The document says Trayvon's mother identified the screams for help heard in a 911 call as those of her son. It also reveals that investigators interviewed a "friend" of Trayvon's who was talking to him in the leadup to the shooting.
Based on the description, it appears the friend was the girl described by Martin family attorneys as his girlfriend.
"During this time, Martin was on the phone with a friend and described to her what was happening," the affidavit said. "The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why."
Martin tried to run home, the affidavit says, but was followed by Zimmerman. "Zimmerman got out of his vehicle and followed Martin."
The affidavit goes on to say that "Zimmerman disregarded the police dispatcher" who told him to stop, and "continued to follow Martin who was trying to return to his home."
Zimmerman, the affidavit says, "confronted Martin and a struggle ensued."
According to the affidavit: "Trayvon Martin's mother has reviewed the 911 calls and identified the voice crying for help as Trayvon Martin's. Zimmerman shot Martin in the chest."
George Zimmerman court affidavit: 'Zimmerman confronted Martin'
ALL ARE PRESUMED INNOCENT UNTIL "PROVEN" GUILTY IN A COURT OF LAW. This impresses me, and tells me that no matter what my opinion is in any case, it is just that, nothing more than how I feel about any given criminal situation or other, unless I am a personal part of the crime or situation. I believe our constitution was founded and is today the best "bylaw" any country has. It is man (and woman) that have responsibility for the use of our constitution and our laws in the best interest to prosecute and to defend. We can have childish reaction to what "we" are forced to settle for in the conclusions of some decisions from the court, I also believe that if "we were to get our way" in every criminal case, based on our personal opinions, that we may still not be satisfied. Yet, if I ever have to believe that "my opinion" was part of what put someone to death by my position, and "my opinion" in or out of a court of law, later finding it to have been wrong thing to have happened to that person where "proof" is mandatory over speculation and supplemented evidence that may be factually twisted to suit my take, then I would have to consider myself as much a murderer as an actual one to wield the weapon. In regards to George Zimmerman, I immediately stated "he is a premeditating murderer"! I asked myself, well, why not, "because he walked out of his house - stalked - "and killed". We know for a fact he left his place and (leaving out stalked) killed, So why not the death penalty in this case also. I am more satisfied with the time taken by all to bring George Zimmerman to be arrested and charged appropriately as it will, hopefully, bring the jurors evidence enough to make a more accurate decision of punishment for his killing of another "child" .
Attorneys are often seen as nice, good guys, until they do not follow our personal desires to bring conclusions to any trial as "we" would like to have done. I believe I should wear the shoes myself before bringing harsh judgement on either the prosecuting or defending attorneys, and those of a juror on any case. Just because a jury can not bring in "my opinion" the way I would like to see it
doesn't mean that there will never be a punishment, of some kind, put on the one who had any pre-thought of snuffing out life's light of that other person.
I do credit and respect everyone for their interest to be in how the laws work and in how they are "worked"! In that respect I find varied "opinions' bring me to broaden my perspectives of right and wrong and of the appreciation we all should have to even be allowed to speak an opinion, which is another positive for the USA and our constitutional rights. I yield to those of you who are most intricate in keeping information gathered to base your opinions and decisions on. When I roll with what I feel in my heart, having no real personal connection in friendship, etc. It leaves me with very little means to participate and interchange in all the intelligent conversations of knowledge and wisdom like is here on Dave's blog.
I knew I could depend on this site to come through with any information regarding the reason for the second degree murder charge...I feel better knowing that at least charges have been made...Now the long road to justice has started as afootpath...
I wonder when the bond hearing will be...I know if I were Zimm I think I'd feel safer being locked up...Surely they can keep him in protective custody...If not, perhaps OCJ would be happy to do them a favor...
Hello Estee~~I believe there will be a bond hearing in the next couple of weeks. I am unsure if Zimmerman will be granted bond since this is second degree murder. Mark O'Mara said that he would like things to settle down a bit before trying to get Z out on bond. I am sure he feels that Z has more protection in jail at the moment. Since this has turned into a high profile case, I think they will segregate Z from the general population in the jail.
Dave has company today so I try to fill in for him. I am much cuter and have more hair and besides I work for free...lol
Dave et al....
Now Zimmerman's life is an open book.... I think the media goes too far when they publish what an inmate purchases at the commissary. There is some great photography here at source...
Tears, tattoos and Nutri-Grain bars: George Zimmerman's new life in jail revealed after he spends first night behind bars
Snoopy, and others, what say you on this?
An interesting take concerning the screaming on the 911 tape~
Video Analysis
Sherry~~wow, that sure makes one wonder eh? He had no idea that the neighbor was on the phone with 911 and the screams were audible....hmmm BTW, I learned tonight that when Zimmerman called 911, he made the call to their non-emergency line. I think that is how someone got confused and said he called Neighborhood Watch.
Thanks for that info, Snoopy.
I was relistening to the 911 call and as soon as the officer told Zimmerman to let him know what the guy was doing I could hear the truck door open and shut as if he was just following what the dispatcher was telling him to do (because at that point Zimmerman had no idea where Trayvon went). He did stop when told not to be following the guy and you can tell because he isn't making hard breath noises anymore after he says, "OK". I didn't notice the truck door sound before.
I think that that remark not to follow Trayvon could be used as the depraved mind prosecution along with the "These a**holes. They always get away" remark by Zimmerman. He was determined "this one" would not get away. Add to that, he told the dispatcher to have the officer call him instead of meeting them at the mailboxes. That can be made into another pursuit claim by the state. This is going to be some trial! Looks simple, but it isn't.
Sherry~~the Anthony case will look tame compared to what we are about to see in this one. I caught a glimpse of who I think will prosecute this case, an older man with gray hair. He sounded like a big grizzly bear. I am going to withhold comment on what I think of the 'lady' special prosecutor. Will she be helping to try this case if it goes to trial?
There is no way on God's earth that they will be able to pick a jury. It will be mistrial after mistrial.
Dave~~here's your judge, Jessica Recksiedler. She is pure Italian and talks with her hands a mile a minute. She has been described as being like a lightening bolt.
Judge Recksiedler’s husband is Jason Recksiedler, a plaintiffs’ lawyer at Mark NeJame’s law firm. Law Blog reported earlier that NeJame, best known for his representation of Tiger Woods, was asked to represent George Zimmerman but declined to take the case because of time constraints.
Meet the Judge Who Drew George Zimmerman’s Case
Hi, Sherry! Well, I listened to that "video analysis" link and I think it's pretty obvious that Zimmerman knew, since people were coming towards him (and probably holding cell phones in some instances), and looking out their windows, that he was likely going to be in trouble here. By then he could see the dead boy had no weapon- just sweet tea and Skittles. Whoops! Think fast, George! Being psychic has nada to do with it.
He could realize that the 911 transcript would soon be available, his comments ("these a$$holes" and what-all-else) out on CNN, and his apparent attitudes towards young black men in general would soon be made public. Zimmerman says it's him yelling for help- what if it isn't (and I don't think it is- he had the gun!) The commentator's argument then falls right apart. And I honestly don't know why the police report is being cited like scripture, won't be the first time one of those was found to be insufficient, deficient or just plain dishonest! It's not like they conducted much of an investigation at the time....
I think they need to run a metal detector around that area.
Just bits of info from the notes I jot down as I read along....
I am wondering if the phone conversation between Trayvon and his girlfriend will be inadmissable due to it being hearsay.
O'Mara, Zimmerman's attorney, said his client would plead not guilty and invoke Florida's so-called “stand your ground” law, which gives people wide latitude to use deadly force rather than retreat during a fight.
A judge could dismiss the charge based on the “stand your ground” law, legal experts said. But some experts say the judge will also be under tremendous pressure to let the case go forward.
Angela Corey said the prosecution would fight against dismissal of the charges re 'the stand your ground law'.
If there is a trial, Mark O'Mara doubts it will take place in 2012.
Sherry - I had an explanation in a previous post about Zimmerman's statement that he called for help and no one came - I believe he was referring to his 911 Call. He was essentially saying that he called 911 and no one came..atleast not on time.
Watch the timeline on this youtube clip closely
Z 911 Call
At 2.07 Z reports "He is running"
At 2.11-2.12 there is the sound of the truck door opening.
The noise distortions because of his moving about starts immediately and his heavy breathing is more pronounced at 2.21
At 2.23 the dispatch asks him ' Are you following him ?'.
After providing directions to the police,
At 2.37 Z says 'He Ran'.
At 2.42 Z sounds like he has given up following him. The clicking noise ( Gun related ? ) starts being most prominent around now.
At this point he seems to be at the cut-thru. The cut-thru is between where his truck is parked and where T's body was found. His truck is much closer to him than the spot where he and T were ultimately found. Why Z went in the direction opposite to where his truck was is the most critical question,
Thanks for your input, Karen C. If we want to make Zimmerman guilty then we can be a bit biased with why the police report would say what it says about Z telling the paramedic that screamed for help. In its simplest form it makes sense that it was Z who screamed for help (based on that analysis) unless the police heard the 911 call and then reported that it was Z who screamed w/out actually hearing him say he was the one calling for help. Then that would make the police contrivers of facts. Didn't Z cause their department grief by demanding justice for a homeless black man that was beaten by a cop's son? I don't think they would be too quick to help Z out. I think they'd want to give it all they've got to make him guilty of the murder.
I enjoy your comments, skalathil. You are a good sleuther. But, I believe that Z was talking about screaming for help and none of the neighbors came to help. He would know that it takes time for police to respond. I have a feeling the struggle was with both of them on their feet and probably ended up where they were from going around and around. That spot being where Z got his head slammed into the sidewalk. And Trayvon getting shot dead. This is where I believe all that Z had to do was get a good hold of his gun and tell the young man he was armed and to back off. I find it hard to believe that he wasn't able to do this much. According to Florida's SYG law, this isn't necessary to do. It doesn't require a person to do all that they can to retreat before firing at an aggressor. I think that is wrong where open areas are concerned.
Well, I'm off to find something I can share here about Alan Dershowitz' analysis of the SA affidavit. I hear he has a problem with it not saying who began the struggle. BBL~
O'Mara Press Conference After Zimmerman's First Court Appearance