I am trying to get to the bit where a bloody nose qualifies as great bodily harm, and not finding it. You quoted “struck five blows with a fist” as though this was a trivial assault, however, from Anderson v. State itself:
This seems a rather stark contrast with Zimmerman’s injuries.
Yeah, I don’t see anything that’s been reported about his GP’s report that indicates blunt force trauma - where are you getting that? The only mention of injury to the back of his head was of two lacerations, one about a quarter of an inch, and the other one nearly an inch. If you are making an inference of blunt force trauma from these, it’s a bad inference. This sort of injury might have come from a stone or other object on the ground beneath his head during the struggle.
By ABC’s account, the report ruled out concussion, and did not mention any other symptoms associated with blunt trauma to the head - not even bruising.
Going from a couple of lacerations to your “if continued…” is a bit like that time I lectured my neighbour about leaving his sprinkler on overnight by invoking the spectre of differential erosion. A Grand Canyon type feature would really spoil the charm of the region.
You seem to be under the impression that Zimmerman must show he suffered great bodily harm to have a valid defense. That is not the case–he needs only to show he was reasonably in fear of great bodily harm.
I harbour no such illusions. But “reasonably” is key, isn’t it?
It’s established that “great bodily harm” is contrasted with moderate harm in that it it’s more than you would expect from a simple assault and battery. You might have a reasonable fear of great bodily harm if you were being menaced with a tire iron, or if you were cornered by a psychotic behemoth.
Zimmerman needs to show that he had a reasonable fear of great bodily harm from a bare-handed teenager 25% smaller than him.
“However it started, witnesses described to the 911 dispatcher what resulted: the neighborhood watch coordinator, 5 foot 9 and 170 pounds, and the visitor, 6 foot 1 and 150, wrestling on the ground.”
Please tell me how you came up with “25% smaller than him”.
I don’t know why but it really annoyed me when I just read several news articles that said the autopsy revealed Martin was shot at “intermediate range.” None of the articles I read went on to define what exactly intermediate range is. Given the inflamed passions of this case I don’t understand why the media is so quick to just randomly say shit without even bothering to clarify it whatsoever.
Given how far away Zimmerman was from his truck, and from any street signs it’s going to be an uphill task trying to show / prove that Martin initiated the fight. It’s a pretty reasonable response to confront someone that is following you in a dark alley. And unless there is something to show that Martin just jumped Zimmerman without warning, this is the most that can be shown (at least from what I can see of the evidence right now).
And from reading the links provided, it seems that Martin only had a small cut on his left hand. I’d be rather curious (and somewhat surprised) if this was the only “hand injury” that could be expected from numerous / multiple blows. I’d also be curious about whether Martin is left or right handed.
As far as the black eyes go - how long would it take for black eyes to show up? Wouldn’t they be somewhat visible within the 5 hours or more that he spent at the police station? If the “black eyes” only showed up the next day at the doctors I’d be somewhat suspicious. (note: I don’t have much experience with black eyes - so stand to be corrected here)
The evidence is mounting that this is exactly what it appears to be. A clear case of self defense. Everything is showing that Z was on the ground getting the crap beat of him. Broken nose, black eyes, and the back of head bloody from getting slammed into the sidewalk.
Martin’s knuckles were bruised from beating Z up. I can easily believe the story that Martin saw the gun in Z’s waistband. They struggled for possession of the gun and it went off. Have they confirmed yet that Martin did have powder burns? Indicating the gun was very, very close?
This isn’t even a stand your ground defense. Z didn’t have any opportunity to run from Martin. The guy was right on top of him grabbing for Z’s gun.
I don’t know how much simpler a case this could be for Self Defense.
Any reasonable person would fear for their life in this situation. It’s a shame Z will lose a year of his life waiting for trial and think of all the money that will be spent on such an open and shut case. The Martin family will still be just as outraged after the acquittal and all of this will be for nothing.