FrumCA wrote:
Your statements have no basis in fact...
How do you know the woman is white?
How do you know the local politics and prosecutor are white?
What do you know about the confrontation? Did Johnson advance on her thus causing her to stand her ground?
Have read several pages of info on this case, and a great many of the 'facts' are missing.
The Shooter may have been black; there is no mention of race in the several articles I read.
There are several pathetic statements from family members which are good news copy, but are not involved in the legal issues.
It is unclear whether Trayvon was leaving by a window or door. It seems the woman (victim) confronted him as he left or while he was leaving.
I found a piece on the Sigforum by a qualified poster, and copy it here; please note the poster's qualifications to speak to this issue, and notice he leaves certain issues to the 'legal eagles."
Here it is:
"Florida statutes chapter 776 allows use of deadly force to stop the imminent commission of a forcible felony. There is a list of forcible felonies in Florida statute 776.08. Burglary is listed as a forcible felony along with many others, but I think it is perilous. If he was in fact leaving and fleeing the scene but still on the property when shot,is the forcible felony over? If he was still partially in the house when shot it could be argued that the forcible felony was ongoing. A point of discussion for the lawyers.
Another path for justification is the language in the law that gives the presumption of fear of death or grievous bodily harm when someone breaks into your dwelling, and the presumption of fear that a person who breaks into your dwelling intends to do violence. However since no one was home when the break in occurred, can you use this presumption as justification? A point of discussion for the legal eagles.
The clearest path of justification would be self defense. Did the homeowner believe she was in peril of death or grievous bodily harm? The facts I have seen in the reports don't seem to give any indication of a self defense claim but again we don't have all the facts.
If I were investigating the case I would not make an arrest or bring a charge against the homeowner with the facts I know but I presume the SAO takes it to a Grand Jury. This will be a good teaching case when it is over because it is really close to the line between being justified and not being justified under Florida's laws. I would not arrive at any conclusion based on the news reports because the media will FUBAR the facts.
CMSGT USAF (Retired)
Chief of Police (Retired)
Florida Class K Licensed Instructor
NRA Certified Firearms Instructor/RSO
NRA Certified LE Handgun/Shotgun/Rifle Instructor
SIG and Glock Armorer"