Selasa, 27 Maret 2012

Can The Feds Go After Zimmerman For Killing Trayvon Martin?

As more and conflicting information comes out on the Trayvon Martin killing by self-appointed neighborhood watch captain, George Zimmerman, history tells us that the probability of a satisfactory decision by a local jury of his peers lessens - regardless of Zimmerman's ultimate culpability in the death of this young man. When Zimmerman strapped on the weapon and ignored the 911 operator, he went down a road of no return as the aggressor, however victim Martin defended himself. The State of Florida should convict him, all things being equal. Of course, we know that equality is a curious thing.

In this light , I went looking for the US Attorney's position, when and if the state of Florida unconvincingly delivers justice, leaving the people to act up and out (into the streets). As it turns out, there is only one avenue whereby Zimmerman finds himself in Federal crosshairs - that of committing a hate crime. And the evidence that convicts him will likely be the 911 recording.

The statute that applies is 18 U.S.C. 249, Hate Crime Acts, enacted in 2009. That statute provides:

a) In General.— (1) Offenses involving actual or perceived race, color, religion, or national origin.— Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

What the Feds will try to show is that Zimmerman killed Trayvon, due to his race. It is important that the two did not know each other, and Zimmerman identified Trayvon by race, and included negative language eluding to his race, 'these guys always get away', and including a potential racial slur.

Certainly, the Feds would rather not intervene, but their response is dependent on the local system generating some credibility, and so far this has not happened. The white Sheriff, who stepped down, admitted that the crime scene investigation was not thorough, and his office has a reputation of bias and laziness. It certainly hurts credibility, all the way around, that George Zimmerman is not on 'ice', rather than walking freely and uncharged nearly a month after the killing.

James C. Collier

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