July 12, 2013 in Nation/World

Zimmerman jurors can consider lesser charge

Judge allows option of manslaughter
Mike Schneider Associated Press
 
Associated Press photo

Assistant state attorney Bernie de la Rionda shows George Zimmerman’s gun to the jury Thursday.
(Full-size photo)

SANFORD, Fla– In an unmistakable setback for George Zimmerman, the jury at the neighborhood watch captain’s second-degree murder trial was given the option Thursday of convicting him on the lesser charge of manslaughter in the shooting of 17-year-old Trayvon Martin.

Judge Debra Nelson issued her ruling over the objections of Zimmerman’s lawyers shortly before a prosecutor delivered a closing argument in which he portrayed the defendant as an aspiring police officer who assumed Martin was up to no good and took the law into his own hands.

“A teenager is dead. He is dead through no fault of his own,” prosecutor Bernie de la Rionda told the jurors. “He is dead because a man made assumptions. … Unfortunately because his assumptions were wrong, Trayvon Benjamin Martin no longer walks this Earth.”

Because of the judge’s ruling, the six jurors will have three options when they start deliberations as early as today: guilty of second-degree murder, guilty of manslaughter and not guilty.

Defense attorney Don West had argued for an all-or-nothing strategy, saying the jury’s only options should be guilty of second-degree murder or not guilty altogether.

“The state has charged him with second-degree murder. They should be required to prove it,” West said. “If they had wanted to charge him with manslaughter … they could do that.”

To win a second-degree murder conviction, prosecutors must prove Zimmerman showed ill will, hatred or spite – a burden the defense has argued the state failed to meet. To get a manslaughter conviction, prosecutors must show only that Zimmerman killed without lawful justification.

Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaughter could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.

It is standard for prosecutors in Florida murder cases to ask that the jury be allowed to consider lesser charges that were not actually brought against the defendant. And it is not unusual for judges to grant such requests.

Zimmerman, 29, got into a scuffle with Martin after spotting the teen while driving through his gated townhouse complex on a rainy night in February 2012. Zimmerman has claimed he fired in self-defense after Martin sucker-punched him and began slamming his head into the pavement.

© Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


There is one comment on this story. Click here to view comment >>

Get stories like this in a free daily email