George Zimmerman: Domestic Violence Raises Questions About Use of Violence and Florida Stand Your Ground Law
Provided by HG.org
On September 9, 2013, George Zimmerman, infamous after his slaying of 17-year-old Trayvon Martin and subsequent acquittal, made headlines again over a domestic violence dispute. Shellie Zimmerman, George Zimmerman's wife, told a 911 operator that her husband George "was going to shoot" her and her father at their Florida home. So, would she have had the right to shoot George Zimmerman had he threatened violence?
The incident on September 9 did not result in violence or charges against anyone. Shellie and her father declined to press charges, and it turns out that police could find no gun on Zimmerman or at the scene. Apparently George Zimmerman smashed an iPad that Shellie Zimmerman had used to record the confrontation, so it is unclear whether there will ever be any objective evidence of what happened. But, fortunately, unlike his confrontation with Trayvon Martin, this encounter did not end in any sort of bloodshed.
But, what if things had taken a different turn and Shellie or her father had felt so threatened that they believed the use of deadly force was appropriate. Would George Zimmerman find himself on the other end of the same Stand Your Ground defense that ultimately saw his name cleared in the Trayvon Martin killing?
Under Florida law, the Stand Your Ground defense flows from a piece of legislation designed to expand upon the Castle Doctrine observed in most states. The Stand Your Ground defense indicates that a defendant need not show that a person was invading their home or that they attempted to retreat before using deadly force, but rather, allows one to “stand their ground” in the face of lethally violent threat. Traditionally, one was supposed to use deadly force only as a very last resort, having to demonstrate an effort to retreat from the violence before returning with deadly force. The Castle Doctrine allowed those confronted with home invaders to use deadly force without having to show an attempt to flee given that the invasion is of one's home, and a home is every man's “castle,” which he should have the right to defend. Stand Your Ground expanded this to virtually any place where an individual has a legal right to be.
In the hypothetical case of a lethal showdown of Shellie versus George Zimmerman, Shellie would likely have walked. First, George was in a home owned by her parents and had less right to be there than Shellie and her father, particularly if told to leave after the fight began. Shellie recently filed for divorce, so there is even less evidence that George was welcome in the home than had the couple still been blissfully wed.
On the other hand, it appears that George, and not Shellie, was living at the home (the same home they used to share) at the time of the incident. Shellie had come to pick up her things, so in many ways Shellie was actually the intruder. Nevertheless, since she presumably had authorization to be there, given her parents' ownership of the property and her former residence within the home, she could still likely invoke Stand Your Ground to protect her if she had a reasonable fear of imminent bodily harm being inflicted upon her by George.
Given the destruction of the iPad, and the fact that Shellie's account of the event has apparently changed already, we may never know what actually happened. Fortunately, nobody was injured this time, but it could have been a true irony if the same law that freed George Zimmerman ultimately justified his homicide at the hands of his estranged wife during a domestic dispute.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
But, what if things had taken a different turn and Shellie or her father had felt so threatened that they believed the use of deadly force was appropriate. Would George Zimmerman find himself on the other end of the same Stand Your Ground defense that ultimately saw his name cleared in the Trayvon Martin killing?
Under Florida law, the Stand Your Ground defense flows from a piece of legislation designed to expand upon the Castle Doctrine observed in most states. The Stand Your Ground defense indicates that a defendant need not show that a person was invading their home or that they attempted to retreat before using deadly force, but rather, allows one to “stand their ground” in the face of lethally violent threat. Traditionally, one was supposed to use deadly force only as a very last resort, having to demonstrate an effort to retreat from the violence before returning with deadly force. The Castle Doctrine allowed those confronted with home invaders to use deadly force without having to show an attempt to flee given that the invasion is of one's home, and a home is every man's “castle,” which he should have the right to defend. Stand Your Ground expanded this to virtually any place where an individual has a legal right to be.
In the hypothetical case of a lethal showdown of Shellie versus George Zimmerman, Shellie would likely have walked. First, George was in a home owned by her parents and had less right to be there than Shellie and her father, particularly if told to leave after the fight began. Shellie recently filed for divorce, so there is even less evidence that George was welcome in the home than had the couple still been blissfully wed.
On the other hand, it appears that George, and not Shellie, was living at the home (the same home they used to share) at the time of the incident. Shellie had come to pick up her things, so in many ways Shellie was actually the intruder. Nevertheless, since she presumably had authorization to be there, given her parents' ownership of the property and her former residence within the home, she could still likely invoke Stand Your Ground to protect her if she had a reasonable fear of imminent bodily harm being inflicted upon her by George.
Given the destruction of the iPad, and the fact that Shellie's account of the event has apparently changed already, we may never know what actually happened. Fortunately, nobody was injured this time, but it could have been a true irony if the same law that freed George Zimmerman ultimately justified his homicide at the hands of his estranged wife during a domestic dispute.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
