By now, I'm sure most everyone has heard about NRA hero George Zimmerman and his trial.
The racist gunloons will maintain that Trayvon Martin had it coming and Zimmerman was well within his rights to defend himself and there was no racism involved, whatsoever.
But what would have happened if it were an unarmed George Zimmerman who was shot and killled by armed Trayvon Martin? Wonder if a gun-toting Trayvon Martin would have been acquitted?
Wonder no more.
The Trevor Dooley Case:
Danielle was shooting hoops with her father that Sunday afternoon. Dooley came from his home across the street to complain about a 14-year-old skateboarder who had gotten James' permission to use the other side of the court.An argument between Dooley and James got the attention of a married couple, Michael and Michelle Whitt, who were practicing serves on the adjacent tennis court.The bizarre nature of the dispute, they said, caused them to stop and watch. It quickly took a lethal turn.They testified last week they saw Dooley flip up his T-shirt, revealing a gun in his waistband, as he cursed James. They said Dooley then turned and headed home, but James spun him around and tried to grab the gun.The skateboarder, Spencer Arthur, also watched, stunned. He didn't see Dooley flash a gun but said he saw him pull out the weapon as he spun around.Danielle could hardly remember anything. She clutched a toy bunny named Monica as she testified. She has been in counseling for two years. She said she only remembered Dooley trying to go home."The only consistency in their testimony," defense attorney Ronald Tulin said to the jury, "was that Mr. Dooley walked away. How can you convict him of manslaughter if he's trying to walk away?"Dooley, who is 5-feet-7 and weighs 160 pounds, told jurors he had to struggle with a man 28 years younger who was 6-1 and 240 pounds. He said he pulled out the gun only after James grabbed him by the throat and began yanking him to the ground. "I had no other choice,'' he said.
The difference here is the witness testimony that says that Dooley flashed the gun. True, he didn't pull it, but by pulling up his shirt, if the jury believed he did that as a threat, to mildly do the same as brandishing the gun, but without pulling it, then it would be appropriate to say that he escalated to a threat of lethal force and at least committed an assault. He then tried to disengage and de-escalate the situation, was assaulted by the other guy who tried to take the gun and shot the other guy. Due to his earlier escalation, it's appropriate to either convict of manslaughter or aggravated assault, or both. Had he not sought to de-escalate--flashed the gun, and the other guy tried to take it, then you could even charge with second degree murder.
ReplyDeleteWe've been over these issues before and I've done more in depth analyses in the past.
In the Zimmerman case, we don't have any indication of a brandishing or a flashing of the gun like in this case, which differentiates the two. Evidence of something like that would totally change the character of the Zimmerman case.
I don't give a shit what color either party is. I just want to know what they did.
Since my post didn't make the cut, can I link this?
ReplyDeletehttp://daisysdeadair.blogspot.com/2013/07/florida-rules-that-stalking-and-killing.html
Thanks.
Daisy, I hope I didn't accidentally delete one of your comments. Yours are always welcome.
DeleteYour post about the racism is powerful.
The only thing that may be wrong with Dooley's actions was if he did in fact flip up his shirt to reveal his gun. Other than that, and perhaps not even that, depending on the circumstances, I see this as a wrongful conviction. The fact that Dooley is black and James was white has nothing to do with my opinion.
ReplyDeleteAs usual, if Jadegold says it, the opposite is most likely true.
ReplyDeletehttp://dailycaller.com/2013/07/16/blacks-benefit-from-florida-stand-your-ground-law-at-disproportionate-rate/#ixzz2ZPt2ZoHi
When will Jadegold come here to acknowledge that he was wrong?
ReplyDelete