Prosecutors should have charged George Zimmerman with manslaughter instead of second-degree murder or, if possible, charged manslaughter as a lesser-included offense.  The capias (PDF file, via CNN) issued by the State Attorney only charged second-degree murder, which requires proof of a “depraved mind regardless of human life.” The problem with that is that the only real evidence of the circumstances of the confrontation between Zimmerman and Martin comes from Zimmerman himself. It was not difficult for the defense team to demonstrate reasonable doubt about Zimmerman’s “depraved mind.” Manslaughter, while carrying far lesser penalties, would have been a slam dunk, most likely.

Florida attorney Roberto Martinez offered a good summary of how the undisputed evidence would have supported a charge of manslaughter, concluding as follows:

The man’s actions created a course of conduct that led to a dangerous situation: the physical confrontation and the fight. The dangerous situation subjected the man and the teen to the risk of death or injury, as the man was carrying a loaded gun.

Manslaughter is defined as: “The killing of a human being by the . . . culpable negligence of another, without lawful justification . . . ”

Does the evidence support a finding of guilty of manslaughter beyond a reasonable doubt? Continue reading →