Trayvon Mom on Yahoo news - "I believe it was an accident..."

[msongs]

This woman quoted on Yahoo as saying she believes her son's killing was an "accident". If it was an accident can the person who did the shooting be charged for a crime? Hmmm

http://news.yahoo.com/blogs/lookout/trayvon-martin-mom-sybrina-fulton-zimmerman-shooting-accident-122512394.html

[ScreamingMeemie]

1. Yes. They can. And Sybrina is a better woman than I am.

[geckosfeet]

2. Manslaughter. And murder 2 in Florida. Legal scholars can correct me

but this is my understanding of the laws in Florida.

I think that if I "accidentally" run over someone with a car, I can be charged with manslaughter or negligent homicide depending on the circumstances.

There is probably a finer breakdown of possible charges but those come to mind.

[former9thward]

14. An accident would not allow a murder 2 conviction.

In Florida the prosecution must prove three things beyond a reasonable doubt.

1)The victim is dead;
2)The death was caused by the criminal act of the defendant;
3)There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

If in fact this incident was an "accident" then item 3 could not be proven.

[geckosfeet]

19. Yes. I meant a manslaughter charge in the event of "accident". Not a murder charge.

[gateley]

3. She's probably right in that Zimmerman didn't really intend to KILL Trayvon,

but he sure had no qualms about shooting him.

[Kaleva]

6. Thus no 1st degree murder charge.

[Generic Other]

10. She is a charitable woman

She is willing to give Zimmerman the benefit of the doubt, but said she thought Zimmerman should apologize for his actions. She is a gracious woman. Grace under fire.

[gateley]

16. He hasn't shown any remorse, but then we haven't seen or heard from him. Except

for his statement how the attention had ruined his life, but I don't know if that was the entire statement, to be fair.

He really DOES need to apologize. I think it would help in the healing for Trayvon's parents AND for Zimmerman.

We know he's an asshole, but it's possible he is sick about taking a young boy's life.

We'll find out eventually.

[JDPriestly]

18. That is often true of killers.

Domestic violence cases are an example. But even if you kill the wrong person, if you have the intent to shoot, that will be enough.

Seems to me that when a person carries a gun on their belt, they probably have some sort of safeguard on it that they have to release in order to shoot it. In addition, wouldn't a shooter have to pull a trigger? That would indicate that at some point the shooter had the intention to shoot the gun.

I don't know much about guns, but I believe that I am correct in this.

[The Velveteen Ocelot]

4. Trayvon's mom wasn't a witness, so her opinion isn't evidence.

If the shooting was truly an accident (that is, the gun went off accidentally and Z never intended to use it at all), then maybe you could argue he didn't commit the offense he was charged with, which requires some level of intent. If, however, he intended to shoot Trayvon but not kill him, or to fire the gun to scare him, he could still be guilty because those acts could show evidence of "depraved indifference" or willful disregard for Travon's life.

Still, whatever Trayvon's mother might think is irrelevant - what matters is the evidence that comes out at the trial.

[Cali_Democrat]

7. "whatever Trayvon's mother might think is irrelevant"

Exactly. Right wingers are trying to flog this.

It's quite amusing. What Trayvon's mother says has no bearing on anything when it comes to a trial.

[LanternWaste]

5. I don't think the indictment, or the case will be solely predicated on an

"If it was an accident can the person who did the shooting be charged for a crime...?"

I don't think the indictment, or the case will be solely predicated on an open-to-interpretation given by the victim's mother. I would imagine there are many other pieces of relevant and collected evidence that will be used also.


Hmmm...

[Bluerthanblue]

8. and George Zimmerman's father says Trayvon was beathing the shit out of Zimmerman

so, should that have justified not charging him?

I think the prosecutor is the one with the knowledge and facts to decide, and she did.



(IMO- Sabrina Fulton is a gracious woman, one who is willing to look for the best in people, even people who took the life of her son- i for one admire and respect her very much.)

[Renew Deal]

9. A crime yes, murder 2, not sure.

[Gin]

11. When I heard

Her say that.....I wondered if that gave legs to the. SYG defense......

[librechik]

12. that woman's heart is not red--it is gold.

but I worry about the defense too

[bullwinkle428]

13. The word "accident" encompasses an almost infinite number of possibilities. For example,

if Zimmerman was walking down the street with his gun in his holster and it somehow fired all by itself, with the bullet striking and killing Trayvon, that would be the purest definition of the word "accident". A truly freak accident, to be totally honest. Still probably worthy of a manslaughter charge.

[msongs]

15. thanks 4 replies, just curious about the legal issue of accidental death in this case nt

[JDPriestly]

17. If Trayvon Martin's mother made that statement, she used the term "accident" very loosely.

I don't know much about guns or the precise facts in this case, but it seems to me that to shoot someone the shooter has to do something with the gun -- dislodge a safety device or pull a trigger or do something in order to make it discharge and shoot a bullet into the victim's body. Guns are normally set so that they will not just go off accidentally. There are lots of accidents with guns, especially with children involved or in the cleaning of guns, but usually there is no conflict between the person shot and the shooter. Shooters will often claim that the gun went of accidentally. But there has to be some explanation, some change to the setting of the gun.

That action of changing something about the setting of the gun, whatever it is, no matter how small it is, is intentional. A shooter might claim to have performed that action automatically but in fact, his thinking had to tell his hand to do it.

In my understanding and opinion, it is in that moment of thinking that a killer forms and carries out an intention in the legal sense. I might be wrong about this. But I believe that is probably enough intention to make a killing 2nd degree murder in a situation in which there is an argument or fight or attempt by one person to apprehend another. A decision, however quickly, however passionately, however unwisely, was made to discharge a gun into Trayvon Martin's body.

I seriously doubt that anyone would walk around with a gun loaded and ready to shoot without any slight movement on his part. A gun that ready to discharge could not be safely carried on a belt.

Trayvon Martin's mother will not determine whether it was an accident or not. I'm sure Zimmerman will argue that it was an accident, but you will understand from my explanation, assuming I understand how that gun would have worked, that in fact shootings of this kind are not accidental.

If Trayvon Martin's mother actually said this, I am a little concerned about where she might have gotten this idea. It could be from the autopsy evidence, but it also could be from a prosecutor or member of the prosecutor's office trying to sell her on agreeing to some deal. This is interesting. I have difficulty believing she said this. I think that this report might be wishful thinking on someone's part.

[Liquorice]

20. She retracted that statement a few hours later. She said

her son was stalked and killed in cold blood:

http://usnews.msnbc.msn.com/_news/2012/04/12/11159111-update-trayvon-martins-mom-retracts-accident-characterization-says-zimmerman-killed-him-in-cold-blood?lite