By CURT ANDERSON
AP Legal Affairs Writer
MIAMI (AP) - Florida is
among 21 states with a "Stand Your Ground Law," which gives people wide
latitude to use deadly force rather than retreat during a fight. The
self-defense law helps explain why a neighborhood watch captain has not
been arrested in the shooting death of an unarmed teenager.
The Florida law lets police
on the scene decide whether they believe the self-defense claim. In
many cases, the officers make an arrest and leave it to the courts to
work out whether the deadly force is justified. In this case, however,
police have said they are confident they did the right thing by not
charging 28-year-old George Zimmerman.
The teenager was black.
Police say Zimmerman is white; his family says he's Hispanic. The
shooting's racial overtones have sparked a national outcry and debate
over whether the shooting was warranted. And like in many self-defense
cases, two sides of the story have emerged.
Zimmerman told police he
was attacked by 17-year-old Trayvon Martin after he had given up chasing
the boy and he was returning to his truck. He had a bloody nose and
blood on the back of his head, according to police. Martin's family
questions Zimmerman's story, and believes if their races were reversed,
there is no doubt a black shooter would be jailed, even if he claimed
self-defense.
"They are making it look
like Zimmerman is the victim and their son is in the grave," said
Benjamin Crump, attorney for Martin's parents. "It's about equal
justice."
The Justice Department and
FBI have opened a civil rights investigation, and the local prosecutor
has convened a grand jury April 10 to determine whether to charge
Zimmerman.
Based on what's publicly
known about the case, Michael Siegel, a former federal prosecutor who
now directs the Criminal Justice Center and Clinics at the University of
Florida law school, said it appears Sanford police were too quick to
decide whether Zimmerman should be charged. If the evidence is murky, he
said the usual practice is to make the arrest and let the court system
sort it out.
"The law has definitely
shifted and given a signal to law enforcement to be more careful," he
said. "But in a case where the self-defense claim is weak, you would
think they would do their job."
In a statement released
Wednesday, Sanford Police Chief Bill Lee insisted his officers were
"prohibited from making an arrest based on the facts and circumstances
they had at the time," including physical evidence that supported
Zimmerman's self-defense claim.
"The Sanford Police
Department has conducted a complete and fair investigation of this
incident," Lee said, adding that it's now up to prosecutors to determine
whether to bring charges.
Late Wednesday,
commissioners in Sanford, a city of 53,000 people outside Orlando that
is 57 percent white and 30 percent black, voted 3-2 to express "no
confidence" in the police chief.
Under the National Rifle
Association-backed Florida law passed in 2005, Florida, unlike most
other states, grants immunity from prosecution or arrest to suspects who
successfully invoke the "stand your ground" claim. And if a suspect is
arrested and charged, a judge can throw out the case well before trial
based on a self-defense claim.
That happened Wednesday in
an unrelated case. A Miami judge dismissed a second-degree murder case,
citing the Stand Your Ground law and ruling that 25-year-old Greyston
Garcia's testimony about self-defense was credible. The Miami Herald
reported that Garcia was charged after chasing down and stabbing to
death a 26-year-old suspected burglar in January.
Still, it's not enough for
Zimmerman or anyone involved in a confrontation to simply claim
innocence based on no duty to retreat, said Fordham University law
professor Nicholas Johnson.
"By the Florida law, he is
not relieved of the traditional and basic requirement of showing that he
fairly perceived an imminent deadly threat," Johnson said.
Crump, the Martin family
attorney, said the teenager weighed about 140 pounds and was carrying a
bag of Skittles and a can of ice tea he had bought at a nearby
convenience store when Zimmerman began following him in his sport
utility vehicle. Zimmerman, meanwhile, weighs around 200 pounds and was
armed with a 9mm semiautomatic handgun, which he had a permit to legally
carry.
"So the facts that have
come out that I have become aware of, would tend to indicate he should
not be granted immunity," Roger Weeden, an Orlando defense attorney
closely following the case, said of Zimmerman.
State figures indicate that justified use of deadly force by private citizens is on the upswing.
Florida Department of Law
Enforcement statistics show that before the law was enacted in 2005,
there were about 13 justified killings each year by citizens from 2000
to 2005. Between 2006 and 2010, the average has risen to 36 justified
killings each year.
Some state lawmakers are already questioning whether the law should be revisited.
State Sen. Chris Smith, a
Fort Lauderdale Democrat, said he is preparing a bill that would not
allow a self-defense claim in cases where the shooter appeared to
provoke the victim. That could have be a factor in the Martin case,
where 911 calls and other evidence shows that Zimmerman was following
the teenager in his vehicle and approached him aggressively despite
specific instructions from police to back off.
"Stand your ground appears
to be giving suspects better protections from arrest and prosecution
than increased security measures for the citizens the law was originally
intended to protect," said Smith, whose bill would also limit legal use
of lethal force to places such as a person's home, car or workplace.
Lee, the police chief, said
in a statement that the police dispatcher's "suggestion" to Zimmerman
that he did not need to follow Martin "is not a lawful order that Mr.
Zimmermann would be required to follow."
"Mr. Zimmerman's statement
was that he had lost sight of Trayvon and was returning to his truck to
meet the police officer when he says he was attacked by Trayvon," Lee
said.
Republican Gov. Rick Scott,
who was elected after the law's passage, said he's open to suggestions
if the Martin case illustrates problems with it.
"If there's something wrong
with the law that's in place, I think it's important we address it,"
Scott said Tuesday. "If what's happening is it's being abused, that's
not right."
___
Follow Curt Anderson on Twitter: http://twitter.com/Miamicurt
Copyright
2012 The Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten or redistributed.
