| | There is now a third possibility introduced into this, according to ZImmerman.
Up until now, I've thought that the key fact would come down to who introduced violence first; did ZImmerman brandish his weapon first at Martin, and Martin stood his ground, or did Martin assault Zimmerman first, and did Zimmerman then expose his weapon and respond?
I don't have the article in front of me, but yesterday I read some of Zimmerman's account, as follows, paraphrased: he reached for his cell phone, and while doing so, Martin noticed that Zimmerman was carrying a weapon, and Martin and Zimmerman then struggled.
This introduces the third possibility; ZImmerman did not purposely brandish his weapon at Martin, but Martin became aware that Zimmerman had a weapon and was afraid for his life.
If this is what happened, then under Florida's concealed carry laws, the responsibility is Zimmerman's. Concealed carry is concealed carry, not open carry. There is an obligation under that law to responsibly carry concealed. The justification for exposing in public is self defense.
So, ZImmerman, according to Zimmermans account, negligently exposed the fact that he was carrying a weapon, which caused Martin to fear for his life in those circumstances.
But, here is where the prosecutor might be over-reaching with 2nd degree murder, because at most, this now sounds like manslaughter.
Zimmerman does not have to prove that something did not happen in order to prove his innocence(which already exists.) The state must prove that something did happen in order to establish his guilt. In the scenario above, for 2nd degree murder, that something would be, Zimmerman deliberately exposed his weapon to Martin before the struggle. If the state cannot prove that, then I don't see how they convict him of second degree murder. But by his own admission, IMO, he is guilt of manslaughter via negligence. The cause and effect, by his description, points to him negligently exposing his concealed weapon while retrieving his cell phone.
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