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Killing of Trayvon Martin

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Trayvon Martin
File:Trayvon Martin.jpg
Trayvon Martin
as a child in family photo
Born(1995-02-05)February 5, 1995
DiedFebruary 26, 2012(2012-02-26) (aged 17)
Cause of deathShot by George Zimmerman
NationalityAmerican
Other namesNicknames: Tray; Slimm
Parent(s)Sybrina Fulton and Tracy Martin
George Zimmerman
George Zimmerman
at unrelated 2005 arrest
Born (1983-10-05) October 5, 1983 (age 41)
NationalityAmerican

Trayvon Martin (February 5, 1995 – February 26, 2012) was an African American teenager who was shot and killed by George Zimmerman, a multiracial Caucasian Hispanic man[1][2][3] [4][5] in Sanford, Florida. Martin, who was unarmed, had been walking to his father's girlfriend's house when Zimmerman, acting as an unaffiliated neighborhood watch member, called 911 and followed Martin after he allegedly witnessed suspicious activity.[6] Soon after, he fatally shot Martin during an altercation between the two.

Zimmerman described the shooting as self-defense,[7][8] and he was neither arrested nor questioned at the time. Witnesses gave conflicting accounts of the shooting. Both Martin and Zimmerman had made phone calls during the incident, some of which were recorded by emergency personnel.

The circumstances around his death received international attention, particularly regarding Florida's self-defense laws and allegations of racial motivations and police misconduct, triggering multiple investigations.

Shooting

Trayvon Martin

Trayvon Martin was born on February 5, 1995, the son of Sybrina Fulton and Tracy Martin, making him 17 years old at the time of his death. Known as Tray or Slimm,[9] Martin lived with his mother and older brother in Miami Gardens, Florida. He was a junior at Michael Krop Senior High,[10] where he was an A and B student, and planned to go to college. He hoped to become an aviation mechanic.[11] He was visiting his father in Sanford, Florida, at the time of the incident. Martin had no criminal record.[12]

Interaction

During a break in an NBA basketball game on TV, Martin left his father's girlfriend's home in the gated community of Twin Lakes to walk to a nearby 7-Eleven convenience store to buy some candy. While returning to the house, Trayvon was seen by George Zimmerman,[13] who called 9-1-1, the emergency services number.

According to T-Mobile phone records,[14] Trayvon was speaking on a cellphone at the time of the incident. Martin's girlfriend came forward, identifying herself as the other person in that conversation; she was interviewed by an attorney, who has made a statement, and her parents have requested her anonymity. The girl stated that Martin expressed concern about a "strange man" following him, and she advised him to run. She claims to have heard Martin say "What are you following me for?" followed by a man's voice responding "What are you doing here?" She stated that she heard the sound of pushing and that Martin's headset suddenly went silent, leading her to believe that he had been knocked down. She attempted to call him back immediately, but was unable to reach him.[15]

Zimmerman 911 call

Zimmerman phoned 9-1-1 at approximately 7:00pm[16] to report Martin’s “suspicious” behavior, which he described as “just walking around looking about.” [17] The police dispatcher tape recorded him saying, "This guy looks like he is up to no good. He is on drugs or something." He further stated that the person he was observing had his hand in his waistband, was holding something in his other hand, and was walking around slowly in the rain looking at houses.[18]

The dispatcher recommended that he not take any action, and informed him that police were on the way. Zimmerman reported that Martin had taken off. The dispatcher asked him if he was in pursuit and he affirmed that he was. The dispatcher informed him that pursuit was not necessary.[19]

A part of what Zimmerman said on the tape is unclear. Some have heard the disputed words as "fucking coons", an ethnic slur used against black people,[20][21] while others suggest it was "clueless", "course", or "punks". Others insist the words are too muffled to make any determination.[21] Police have now said that they may have missed a potential racial slur on the call.[22]

Police arrival

When the police arrived, they reported finding Martin face-down and unresponsive, with a gunshot wound in the chest. Statements by the police say Zimmerman was covered in grass and blood as if he'd been on his back on the ground.[23] He claimed self-defense, telling police he had stepped out of his truck to check the name of the street he was on, when Martin attacked him from behind as he walked back to his truck. He said he fired the semiautomatic handgun because he feared for his life.[24] Martin was unarmed, and was carrying a bag of Skittles candy and a can of Arizona brand iced tea.[24][25]

A witness to the physical altercation just prior to the shooting stated that Martin was on top of Zimmerman and beating him up, while the older man yelled for help.[26] Another witness, Mary Cutcher, has said in a TV interview that "there was no punching, no hitting going on at the time, no wrestling",[27] but police say that she gave an official account to them that agreed with Zimmerman's story.[28][29] Cutcher and her roommate told CNN journalist Anderson Cooper that their own account of the incident to the police did not agree with Zimmerman's, and that they had demanded that the police retract that incorrect statement. They also said, about the police's attitude at the scene, that "they were siding with him [Zimmerman] from the start" and that they heard the pair in their backyard and a "very young voice" whining, with no sounds of a fight. They heard a gunshot; the crying stopped immediately, and they saw Zimmerman on his knees pinning Martin down on the ground.[30]

George Zimmerman

Reports revealed that Zimmerman had taken classes in criminal justice.[31] Despite a previous arrest on assault charges, he was licensed to carry a firearm, but it is unclear if he had informed the homeowner association that he would be armed as a volunteer.[32] Zimmerman had a previous charge in 2005 of battery on a police officer while interfering with the arrest of a friend. He subsequently entered a pretrial diversion program, which is not considered a conviction on his criminal record.[33] Zimmerman had previously been accused of domestic violence by an ex-girlfriend, who had filed for a restraining order against him.[34]

According to Zimmerman's father, in the wake of the controversy, George Zimmerman received death threats and moved out of his home.[1] Sanford Police Chief Bill Lee claimed that Zimmerman had cooperated with investigators, has not retained an attorney, and has disconnected his phones.[32]

Neighborhood watch

Some residents of his gated community declared that Zimmerman was known for being strict and that he went door to door asking them to be on the lookout for "young black men who appear to be outsiders", while others regarded him as "normal," "helpful" and "passionate about neighborhood security", having supposedly thwarted a previous burglary attempt. The community reportedly experienced numerous instances of burglary, theft, and one shooting during the previous year, with 402 calls made to the police. According to the Miami Herald, Zimmerman had placed 46 of those calls since the beginning of 2011, "to report disturbances, break-ins, windows left open and other incidents. Nine of those times, he saw someone or something suspicious".[32]

According to the national neighborhood watch organization USAonWatch.org, no affiliated community watch program may be established except in partnership with a law enforcement agency, volunteers must be trained by a crime prevention officer assigned by a local police department or sheriff's office, and volunteers are strictly limited to observing and reporting as additional "eyes and ears" for police departments; they are not permitted to carry firearms and under no circumstances are they to attempt to arrest a person whom they may suspect of criminal activity.[35] That neighborhood-watch group's manual clarifies this point, as stated:

"Patrol members should be trained by law enforcement. It should be emphasized to members that they do not possess police powers, and they shall not carry weapons or pursue vehicles. They should also be cautioned to alert police or deputies when encountering strange activity. Members should never confront suspicious persons who could be armed and dangerous. They should report their observations of suspicious activities to law enforcement; however, citizens should never try to take action on those observations. Trained law enforcement should be the only ones ever to take action based on observations of suspicious Template:J[36]

Despite the Neighborhood Watch rules regarding carrying weapons, CNN found Zimmerman was not acting outside his legal boundaries by being armed. [37]

Aftermath

Trayvon's father Tracy Martin and mother Sybrina Fulton

Zimmerman has not been charged with any crime, because he claimed the right of self-defense, and investigators said they could find no evidence disproving that claim.[38][8] According to Martin's father, Tracy Martin, when the family asked why Zimmerman had not been arrested, the police responded that he had a "squeaky-clean record" and they respected his educational background in criminal justice. However, Tracy Martin claims that the revelation of Zimmerman's previous charge demonstrated his "propensity for violence" and that the police had lied to the family.[31] Police ran a background check on Trayvon Martin, confirming that he had no criminal record, which caused Tracy Martin to further question why Zimmerman was not arrested after shooting and killing an unarmed teenager with no criminal history.[31][39] The case has sparked national outrage and protests.[15]

Recordings of eight calls to the police made on the night of the shooting were released by the Sanford police on March 17, 2012.[18][40] Early press reports indicated that the recordings included the sound of a single shot followed by a voice pleading or begging for help, and then a second shot is heard, after which the voice immediately stopped. Later reports indicate that gun was fired only once.[41] Zimmerman told police at the scene that he was the one crying out for help.[39] The statement was corroborated by a witness who claimed that Martin was on top of Zimmerman, beating him, as Zimmerman called for help.[26] Other witnesses stated that Martin was the one calling for help, and claimed that the police tried to "correct" them into changing their assertion to Zimmerman as the one calling for help.[42] A witness, Mary Cutcher, claimed that the cry was from Martin also mentioned that she did not believe that Zimmerman acted in self defense, contending that she and her roommate heard Martin cry out, followed by a gunshot, whereupon they saw Zimmerman standing over his body.[39]

The night of the shooting, Sanford police accepted Zimmerman's account at face value and did not test him for drugs or alcohol, although such tests are standard procedure in most homicide investigations.[43] Police Chief Lee said he did not have enough evidence to arrest Zimmerman. "In this case Mr. Zimmerman has made the statement of self-defense," Lee said. "Until we can establish probable cause to dispute that, we don't have the grounds to arrest him." In response to criticisms of the investigation, Lee responded that "We are taking a beating over this," and defended the investigation.[44] "This is all very unsettling. I’m sure if George Zimmerman had the opportunity to relive Sunday, Feb. 26, he’d probably do things differently. I’m sure Trayvon would, too."[32]

Missing persons report

The morning after the incident, Tracy Martin called missing persons and the police to report his son as missing. Officers were dispatched to the home, where they showed the father a crime scene photograph of Martin for identification purposes. Martin's body had been taken to the medical examiners office as a John Doe.[45]

Investigations and other official statements

Multiple investigations are ongoing. On March 20, the FBI and the Justice Department announced that they were opening investigations into the incident.[46] The state governor, Rick Scott, has asked the Florida Department of Law Enforcement to investigate the shooting.[47] A Seminole County grand jury will also investigate the case, and will convene on April 10, 2012[48] according to State Attorney Norm Wolfinger.[49]

Florida Attorney General Pam Bondi made a statement March 20 on the case:

"I am both devastated and deeply troubled that young Trayvon Martin lost his life in a shooting. When someone loses his life at the hands of another, there cannot be any questions surrounding the circumstances of the death. ... I have spoken to FDLE Commissioner [Gerald M.] Bailey, whose agency is now involved, and I know that a complete and thorough review of the facts will be conducted. FDLE has skilled investigators of the highest caliber, and no stone will be left unturned in this investigation. While the Seminole County State Attorney’s Office has the sole authority regarding a charging decision by law, I will remain vigilant in ensuring that questions are answered."[49]

Sanford city commission

Three out of the five members of the Sanford city commission, including the Mayor, passed a motion of no confidence in regards to the police chief Bill Lee, and his handling of the case. One member of the council, Mark McCarty, then asked for Lee to step down. The City Manager, Norton Bonaparte Jr., stated that he would not make a decision regarding Lee until more information from the investigation was available.[50]

Allegations of racism

Against Zimmerman

The shooting also resulted in allegations that Zimmerman was motivated by racism.[7][15] Critics disparaged what they perceived to be Zimmerman racially profiling Martin.[7][8][12][1] Witnesses had previously noted that Zimmerman went door to door warning residents to be on the lookout for "young black men who appear to be outsiders".[32] A rally held at a community church was attended by nearly 400 people, including leaders of the NAACP, Urban League, and the Sanford City Commission, demanding Zimmerman's arrest.[7] Charles M. Blow of The New York Times commented that the case touched upon longstanding concerns about racial profiling, inequitable treatment under the law, and overall racial strife.[12] In an open letter, Zimmerman's father, Richard Zimmerman, defended his son against allegations that his actions were racially motivated, stating that Zimmerman was Hispanic, was raised in a multi-racial family, and "would be the last to discriminate for any reason whatsoever," claiming that the portrayal of his son as a racist "could not be further from the truth."[1]

Against the Sanford police

Zimmerman's lack of arrest by the Sanford police also resulted in heavy criticism and protests outside the police department, including allegations of prejudice and racial bias.[7][15] A Change.org petition has gathered more than 1.3 million signatures demanding Zimmerman's arrest.[15] The NAACP sent a letter to U.S. Attorney General Eric Holder stating that they "have no confidence that, absent federal oversight, the Sanford Police Department will devote the necessary degree of care to its investigation" and requesting that personnel be detailed to Sanford to review the case without bias.[8] Lee repeatedly defended the investigation, stating that the Sanford police did not feel they had conducted a racially biased investigation and welcomed a review of their efforts.[42][12] Allegations were also made that the Sanford police were protecting Zimmerman.[39] A witness who disagreed with Zimmerman's self-defense plea stated that she saw Zimmerman standing over Martin's body after hearing Martin cry out for help and stated that police only took a brief statement from her, despite her attempts to provide more detail.[39] Lee stated to reporters that they could not arrest Zimmerman because no evidence contradicted his story, and that to do so would leave them open to litigation.[12] He also stated that though a 911 officer did instruct Zimmerman not to pursue Martin, those instructions are only recommendations that do not carry a legal obligation to comply with them.[8]

On Mar 22, 2012, Lee announced publicly that he temporarily stepped down from his post as chief of police, stating "my involvement in this matter is overshadowing the process."[51]

Previous incidents with racial issues

News reports noted that the police department of the city of Sanford has been confronted with allegations of racial prejudice before.[52] The police chief in 2011, Brian Tooley, was forced from office after the son of a lieutenant was caught on camera beating up an unsuspecting homeless black man, but whom the department declined to prosecute. After the footage went viral on YouTube, the perpetrator, Justin Collison, was arrested.[52][53][54] The officer in charge of that case was also the one in charge of the Trayvon Martin shooting scene.[13] In 2005, two parking lot security guards, one the son of a Sanford police department veteran and the other a volunteer for the department, shot a black teen, Travares McGill, in the back, killing him. They claimed self-defense, and the case was dismissed in court.[52][55]

Self-defense in the United States, particularly as it regards justifiable homicide, varies by state. Florida law, as of 2005, includes a "stand your ground" premise, under which a person who perceives himself to be in physical danger can claim self-defense without retreating in most circumstances. However, the instigator of a confrontation cannot claim self-defense.[56] Since the passage of the law, deaths backed by claims of self-defense have nearly tripled, with all but one of those who were killed having been unarmed.[57]

Durell Peaden, a member of the Florida Senate until 2010 and one of the authors of Florida's "Stand Your Ground" law, said that Zimmerman should be prosecuted. According to Peaden, the law does not say that a person has a right to confront another. When Zimmerman ignored a police request to stay away, “The guy lost his defense right then," said Peaden. "When [Zimmerman] said ‘I’m following him,’ he lost his defense.”[58]

See also

References

  1. ^ a b c d Stutzman, Rene (15 March 2012). "George Zimmerman's father: My son is not racist, did not confront Trayvon Martin". OrlandoSentinel.com. Retrieved 20 March 2012.
  2. ^ "Trayvon Martin, George Zimmerman And Beyond Black And White". DCentric. Retrieved 23 March 2012.
  3. ^ "Who is George Zimmerman?". Washington Post. Retrieved 23 March 2012.
  4. ^ "Florida shooter George Zimmerman not easily pigeonholed". Seatle Times. Retrieved 23 March 2012.
  5. ^ "Trayvon Martin Case Salts Old Wounds And Racial Tension". Huffington Post. Retrieved 23 March 2012.
  6. ^ "Outrage Escalates Following Trayvon Martin Death". WESH.COM. March 19, 2012. Retrieved 22 March 2012.
  7. ^ a b c d e Prieto, Bianca (14 March 2012). "Trayvon Martin: 'We are gathered here today to demand justice' in teen's fatal shooting". OrlandoSentinel.com. Retrieved 20 March 2012.
  8. ^ a b c d e Kuo, Vivian (14 March 2012). "Fatal shooting of Florida teen turned over to state attorney". Edition.CNN.com. Retrieved 14 March 2012.
  9. ^ Bosch, Peter Andrew (16 March 2012). "Family and witnesses remember Trayvon Martin shooting". Miami Herald. Retrieved 20 March 2012.[unreliable source?]
  10. ^ "Outrage & Mourning Over Death Of Trayvon Martin". CBS Miami. AP. March 20, 2012. Retrieved 21 March 2012.
  11. ^ Kimble, Julian (March 19, 2012). "The Murder of Trayvon Martin". Complex. Retrieved 21 March 2012.
  12. ^ a b c d e Alvarez, Lizette (17 March 2012). "911 Calls Add Detail to Debate Over Florida Killing". The New York Times. Retrieved 20 March 2012.
  13. ^ a b Blow, Charles M. (March 16, 2012). "The Curious Case of Trayvon Martin". The New York Times. Retrieved March 19, 2012.
  14. ^ "Trayvon Martin's Last Phone Call Triggers Demand for Arrest 'Right Now'". ABC. Retrieved March 22, 2012.
  15. ^ a b c d e Gutman, Matt (20 March 2012). "Trayvon Martin Exclusive: Friend on Phone with Teen Before Death Recalls Final Moments". ABCNews.go.com. Retrieved 20 March 2012.
  16. ^ "Twin Lakes Shooting Initial Report" (PDF). Twin Lakes PD. Retrieved March 21, 2012.
  17. ^ "George Zimmerman 911 call reporting Trayvon Martin". OrlandoSentinel.com. March 2012. Retrieved 20 March 2012.
  18. ^ a b Schneider, Mike (17 March 2012). "911 tapes in Trayvon Martin shooting released". SunTimes.com. Retrieved 20 March 2012.
  19. ^ Clint Van Zandt, 911 calls released in deadly Florida shooting, MSNBC, Accessed 2012-03-21.
  20. ^ "GRAPHIC: Trayvon Martin 911 calls released". ClickOrlando.com. 17 March 2012. Retrieved 20 March 2012.
  21. ^ a b Weinstein, Alex (20 March 2012). "The Trayvon Martin Killing, Explained". MotherJones.com. Retrieved 20 March 2012.
  22. ^ "News World news Trayvon Martin Trayvon Martin: civil rights leaders call for Florida police chief to resign". Guardian UK. Retrieved March 21, 2012.
  23. ^ Stutzman, Rene (8 March 2012). "Father wants crime watch volunteer who killed son arrested". The Orlando Sentinel. Retrieved 21 March 2012.
  24. ^ a b "Grand jury to probe Trayvon Martin killing". MiamiHerald.com. 20 March 2012. Retrieved 20 March 2012. Cite error: The named reference "ABC" was defined multiple times with different content (see the help page).
  25. ^ "Florida suspect told 911 victim looked suspicious". SF Gate. Retrieved March 22, 2012.
  26. ^ a b "Man shot and killed in neighborhood altercation". MyFoxOrlando.com. 14 March 2012. Retrieved 20 March 2012.
  27. ^ "Witness: Sanford police "Blew us off" in teen slaying". WFTV. 14 March 2012. Retrieved 21 March 2012.
  28. ^ Virella, Kelly (March 16, 2012). "Police & WitnessSpar over Trayvon Martin Investigation". Dominion of New York. Retrieved 21 March 2012.
  29. ^ "Answers sought in teen's death after encounter with neighborhood watch leader in Fla. suburb". Washington Post. 8 March 2012. Retrieved 21 March 2012.
  30. ^ Crugnale, James (March 20, 2012). "Anderson Cooper Interviews Witnesses To Trayvon Martin Shooting". Mediaite. Retrieved 21 March 2012. {{cite news}}: Text "Mediaite" ignored (help)
  31. ^ a b c Lee, Trymaine (12 March 2012). "George Zimmerman, Neighborhood Watch Captain Who Shot Trayvon Martin, Charged With Violence Before". HuffingtonPost.com. Retrieved 20 March 2012.
  32. ^ a b c d e Robles, Frances (17 March 2012). "Shooter of Trayvon Martin a habitual caller to cops". The Miami Herald. Retrieved 20 March 2012.
  33. ^ Stutzman, Rene (March 13, 2012). "Many demand answers on teen shot in Sanford". Orlando Sentinel. Retrieved 22 March 2012. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  34. ^ Ovalle, David (21 March 2012). "Trayvon Martin's shooter had a domestic violence altercation in 2005". The Miami Herald. Retrieved March 21, 2012.
  35. ^ National Sheriffs Association, Neighborhood Watch Questions. Accessed 2012-03-21.
  36. ^ Florida Teen's Shooter Ignored Neighborhood Watch Guidelines, ABC News Radio. Accessed March 21, 2012.
  37. ^ Neighbors describe watch leader, CNN.com, Accessed March 23, 2012.
  38. ^ "Neighbourhood watch captain who shot unarmed black teen 'had history of aggressive tactics'- but won't face charges". DailyMail.co.uk. 12 March 2012. Retrieved March 14, 2012.
  39. ^ a b c d e Alvarez, Lizette (17 March 2012). "Trayvon Martin Shooting Death Prompts Call for Justice Department Inquiry". New York Times. Retrieved 20 March 2012.
  40. ^ "Sanford 911 calls released in teen's shooting death". WFTV.com. Retrieved 17 March 2012.
  41. ^ Stutzman, Rene; Prieto, Bianca (20 March 2012). "Gun that killed Florida teen was fired once not twice by crime watch volunteer". BostonHerald.com. Retrieved 20 March 2012.
  42. ^ a b Gutman, Matt (13 March 2012). "Orlando Watch Shooting Probe Reveals Questionable Police Conduct". ABCNews.go.com. Retrieved 20 March 2012.
  43. ^ Gutman, Matt (18 March 2012). "Trayvon Martin Family Seeks FBI Investigation of Killing by Neighborhood Watchman". ABCNews.go.com. Retrieved 20 March 2012.
  44. ^ Adams, David; Brown, Tom; Pelofsky, Jeremy (18 March 2012). "FBI monitoring fatal Florida shooting case, as police criticized". Reuters. Retrieved 20 March 2012.
  45. ^ "The Curious Case of Trayvon Martin". NY Times Opinion. Retrieved March 22, 2012.
  46. ^ "Justice Department, FBI to probe Florida teen's death". CNN. 20 March 2012. Retrieved 20 March 2012.
  47. ^ Klas, Mary Ellen (19 March 2012). "Gov. Scott asks FDLE to investigate Trayvon Martin's shooting". The Miami Herald. Retrieved 20 March 2012.
  48. ^ Hernández, Arelis R.; Stutzman, Rene (20 March 2012). "Grand jury, Department of Justice to investigate Trayvon Martin shooting". Orlando Sentinel. Retrieved 20 March 2012.
  49. ^ a b "Gunman George Zimmerman makes possible racial slur during call in Trayvon Martin death", AP via WFTV.com, March 20, 2012 updated 4:38 p.m. Retrieved 2012-03-20.
  50. ^ "Mayor, 2 others vote 'no confidence' in police chief". WKMG Orlando. Retrieved March 22, 2012.
  51. ^ "Trayvon Martin case: Sanford Police Chief under fire in Trayvon Martin shooting case - Orlando Sentinel". Articles.orlandosentinel.com. Retrieved 2012-03-23.
  52. ^ a b c Lee, Trymaine (2012-03-14). "Trayvon Martin Case Salts Old Wounds and Racial Tension". The Huffington Post. Retrieved 17 March 2012.
  53. ^ Justin Collison: Cop's son agrees to pay homeless man's medical bills, By Rene Stutzman, Orlando Sentinel, 25 January, 2011
  54. ^ Cop's Son Turns Himself in after Shocking Video's Release, By Amanda Vanallen, ABC News, 3 January 2011
  55. ^ Fatal bullet hit teenager in back, records reveal, Orlando Sentinel, 29 January 2006
  56. ^ Rosenthal, Andrew (March 20, 2012). "Shoot First, Claim Self-Defense Later". The New York Times. Retrieved 2012-03-20.
  57. ^ "Deaths Nearly Triple Since 'Stand Your Ground' Enacted". CBS Miami. 20 March 2012.
  58. ^ Caputo, Marc (20 Mar 2012). "Stand Your Ground authors: Trayvon Martin's shooter should likely be charged, avoid immunity". Miami Herald.