Florida’s Right to Murder Law and the Trayvon Martin Case
The killing of Tray Martin has taken center stage in the news media. His killer, a self-appointed neighborhood watch “captain,” violated the instructions of police and chased down, attacked, and shot to death a young black man who was minding his own business because he could and likely wanted to.
Unfortunately, because of Florida’s outrageous “Stand Your Ground” law, Martin’s attacker, George Zimmerman may never be arrested. The following case highlights why:
(Newser) – As Florida’s controversial “Stand Your Ground” law finds itself in the spotlight after the shooting of unarmed teen Trayvon Martin, another controversial case, a judge yesterday threw out the murder charge against Greyston Garcia, who chased down a would-be burglar and stabbed him to death, because she determined Garcia was defending himself. She cited “Stand Your Ground” in her decision to declare Garcia immune from prosecution; the 2005 law says citizens no longer have a duty to retreat when faced with danger. Police have also cited it in their decision not to arrest George Zimmerman, who shot Martin.
In this case, Garcia, 25, was alerted by a roommate that Pedro Roteta, 26, was behind his apartment with another person attempting to steal the radio in Garcia’s truck. Garcia grabbed a knife and chased Roteta more than a block before killing him, the Miami Herald reports. Roteta was unarmed other than an unopened pocketknife that never left his pocket, and Garcia admitted that though he “never saw a weapon,” he thought Roteta was about to stab him so he struck first. The police sergeant who supervised the case calls the judge’s decision a “travesty of justice,” and prosecutors argued that once Roteta ran away from the truck, Garcia no longer had justification to use deadly force.
Sadly, everyone loses here. The parents of Tray Martin, a young man who had his whole life in front of him. The police who are stuck with Florida’s wrong-headed law enacted with the help of NRA lobbyists and Republican legislators, and the community at large for allowing such a law to stand in the first place.
America has become a land of racists, bigots, bible thumpers and gun toters. Its politics are based on taking away a woman’s right to choose, keeping Big Oil and Wall Street happy, sacrificing the environment because they can, and enacting reckless laws that allow children to die at the hands of legally accepted psychopaths like George Zimmerman.
The republicans are trying to convince us that the enemy is around every corner, under every bed, and is aided and abetted by Barack Obama. A multimillionaire with a TV show, and a goofy Arizona sheriff continue to accuse the president of not being an American Citizen, but rather a citizen of Kenya, and a Muslim, despite the overwhelming evidence to the contrary. The list of insanity in a neighborhood near you gets longer every day. We are truly fucked!
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They need to rename this law to, “The Right to Commit Murder Law”. As long as there two people involved and only one survives that’s all that counts. From the way it sounds it doesn’t appear that anyone that anyone was interested in actually investigating this case beyond what Zimmerman said. Either the law is badly written or badly enforced. It was never meant to allow someone to chase down people and kill them, only that one did not have to retreat to use equal force to protect themselves.
I don’t blame the police Bill. They had no choice but to follow the rules set down in Florida’s right to murder law. I know dozens of Florida cops who HATE that legislation for the same reasons we do. Now it’s up to the grand jury and the district attorney.
I told people that last night. Every law enforcement officer I know fought this law tooth and nail. It’s a disaster.
Mike, I am not blaming the the police, in general, for this law as I have heard from a number of former of former students about this law. Law enforcement officers in general oppose this law, but in this case it seems some obvious seems not to have been asked. At least it seems that way. If this had been a police officer there would have been an internal investigation and he would not have immediately been put back on the streets until he was cleared. I think that that a citizen involved in using deadly force would be subjected to at least the same level of scrutiny. I have been involved in a couple of these shooting reviews by police and each case the police officer was cleared within a week to ten days while they were on restricted duty. In each case the officers were able to go back to work with complete vindication. In this case they simply let the guy walk away from the scene with his gun and what appears to be no restrictions whatsoever.
So he the right to “stand his ground”against him because of his color? Oh wait, it was because he was “running”. And the decision on the “ground” that is being stood is WHOSE? Does Florida realize how much tourist trade it will lose because of this insane law? I had wanted to visit Big Cat Rescue in Tampa despite the fact that Tampa Florida is difficult for me because of this heat. Now that that decision is taken away, I will spend my time figuring out OTHER things!
I lived in Florida for about 20 years. I now live about a thirty minutes away. I don’t condemn the entire state for this ridiculous law, as there are some good and decent people who do actually condemn the law itself, including hundreds if not thousands of cops. I would urge you to visit the Big Cat sanctuary. I have been there and it’s worth the trip, especially if you’re an animal lover. I wouldn’t let a handful of right wing wack jobs deprive me of some of the great pleasures of Florida.