AP: No Grand Jury means no capital murder charges will be sought against Zimmerman.

[leveymg]

I'm a bit surprised that Ed did not pick up on this, but not that the other major media have downplayed it. Under FL law, a capital murder charge must be sought through a Grand Jury. So, George Zimmerman will surely get the mercy from the State prosecutor he wouldn't show his own victim.

http://abcnews.go.com/US/wireStory/special-prosecutor-trayvon-martin-death-grand-jury-investigating-16101696

By MIKE SCHNEIDER Associated Press
ORLANDO, Fla. April 9, 2012 (AP)

A grand jury will not look into the Trayvon Martin case, a special prosecutor said Monday, leaving the decision of whether to charge the teen's shooter in her hands alone and eliminating the possibility of a first-degree murder charge.

[dems_rightnow]

1. First-degree murder was probably a stretch anyway

Second-degree murder always did seem more likely to me.

[COLGATE4]

3. You're absolutely right. In addition,

overcharging could potentially bring an acquittal.

[backscatter712]

27. Yeah, second-degree murder seems appropriate.

Though don't be surprised if they knock it down to manslaughter. The defense may end up claiming "imperfect self-defense" to mitigate the charges - making the claim that Zimmerman was acting in self-defense, though a reasonable man would not see justification to use lethal force in that situation.

[1StrongBlackMan]

2. As outrageous as zimmerman's actions were, and ...

as unpopular as my opinion may be, I do not believe that they do not support a capital murder charge ... manslaughter, yes.

[DemocratSinceBirth]

5. Sounds Like Man 1 or Man 2

I think the elements include a reckless disregard for human life.

[Justice wanted]

7. Man charges is disrepectful to Trayvon. This was an unarmed child. Zimmerman stalked him

How can they give him Man 1 or 2 when Zimmerman followed Trayvon with a gun.

[1StrongBlackMan]

18. Disrespectful ...

maybe, but the charge is based on what the elements will support ... and respect for the victim is not one of the elements.

[Justice wanted]

24. To me Zimmerman's actions show justifiable cause to charge him with first degree murder.

He stalk Trayvon with a gun. To me that shows signs of intent to kill. (Maybe it is my stupid little mind BUT if Trayvon was white and Zimmerman was black and the same events happen want to make a bet Zimmerman would be charge with first degree murder YEAH I think he would.)

[1StrongBlackMan]

26. My emotional sentiment agrees ...

and I have no doubt that if zimmerman had been Black and Martin white, there would be no question ... Martin would be standing trial for murder. But that is more a statement of the injustice of a broken criminal "justice" system; than the dispassionate application of the law.

[alcibiades_mystery]

10. Agreed

You could make the case for second degree murder, I guess, but even that's a push. This looks like Man 1 at most severe, probably Man 2.

[RZM]

4. I highly doubt a 1st degree murder charge was ever even considered

If he is charged, it will probably be manslaughter.

[Gore1FL]

6. Capitol punishment is wrong anyways

I just want him to be charged and to have his day(s) in court.

[anti-alec]

8. Fine - transfer him to federal custody

Death penalty is still on the table for Mr. Zimmerman under federal laws.

Charge him with first degree murder, depraved indifference, as intended and mandated by Florida law, because there was premeditation, and it seems to me that this Republican State Attorney failed to do due dilgence, and needs to step aside for an independent prosecutor. She failed to do due dilgence by not announcing the arrest of Mr. Zimmerman and the eventual charge of first degree murder, and for that, she is failing to do the duty under Florida law.

I say this from a white human male that's in Colorado.

Zimmerman's actions fails to pass the smell test for SYG, so therefore, SYG is disqualified, therefore premeditation exists, and even was ORDERED to wait for police to take care of Mr. Martin.

Evidence exists through witnesses that easily justifies first degree murder, with special circumstances attached.

[exboyfil]

11. If you can prove that Trayvon is pleading for help

then I agree with you. Otherwise it is a crapshoot, but Zimmerman must take the stand for his affirmative defense.

I still do not understand why Zimmerman was not charged that night. That question needs to be answered irrespective of what else happens.

You got to bet that Zimmerman's lawyers are trolling for any evidence of violent associations with Trayvon. They have to prove that Trayvon attacked Zimmerman first. They will do everything possible to smear the child.

Would people be satisfied with Zimmerman pleading guilty to manslaughter?

[anti-alec]

12. Pleading for help - easy enough

Trayvon Martin's girlfriend - who was the last person that spoke to him alive on his cell.

It can be authenicated.

George Zimmerman is a scumbag that does not deserve to breathe the same air as the rest of us.

[exboyfil]

15. She did not hear the pleas

The call cut out before then.

[hack89]

13. There was no Federal capital crime committed.

Federal murder statutes only apply if the crime was committed on Federal property.

It is hard to see premeditation in this killing so I doubt first degree murder is on the table. Second degree murder is more likely. This is the Florida statute on second degree murder:

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree

http://law.justia.com/codes/florida/2005/TitleXLVI/ch0782.html

[1StrongBlackMan]

19. That is such a stretch ...

The requisite pre-meditation is to shoot that particular victim, not merely to encounter, even if that encounter is likely to escalate into violence.

That argument is a loser.

[former9thward]

22. There are no federal death penalty laws that apply here.

This is an issue of state law. The only possible federal law are civil rights violations which do not carry a death penalty.

[alcibiades_mystery]

9. This wasn't a first-degree murder

Only the most outrageous scenarios paint it as a first degree murder. You'd never get that conviction in a million years with this fact pattern, and a judge would likely throw it out even if you did.

If you think I am a Zimmerman defender for saying this, go check my posts on this issue for the last several weeks. Still, this isn't a first degree murder.

[exboyfil]

14. If it is Trayvon pleading for help

and it can be proved as such. It sure looks like cold blooded first degree murder.

[Solomon]

16. He screamed for 30 to 40 seconds. Thats first degree

murder in my book.

[DCBob]

17. +1

I agree.

[saras]

20. If they prosecuted the cops first and got one to turn, they'd get murder 1 easily

It was rehearsed, it was premeditated (killing blacks, not necessarily this particular one), he has a violent record.

But you have to have the police testify and contradict his lies.

[RZM]

21. I'm not follwowing you here

What's the evidence he was planning to kill a black person?

[shimonitanegi]

23. I heard that

this case won't go anywhere since there is not enough evidence to survive a preliminary hearing.
I think the prosecutor's plan is to wait until this story dies down.

[mzmolly]

25. L

ol.