George Zimmerman, the 28-year-old neighborhood watchman who shot and killed Trayvon Martin on Feb. 26 in Sanford, Fla., has been charged with second-degree murder in the 17-year-old's death. Zimmerman has been transferred to Seminole County jail, according to news reports, and is being held without bail.
"Just moments ago we spoke by phone with Tracy Martin and Sybrina Fulton," Angela Corey, the special prosecutor investigating the case, said at a news conference in Jacksonville. "Three weeks ago our prosecution team promised those sweet parents we would get answers to all of their questions, no matter where our quest for the truth led us. And it is that search for justice for Trayvon that has brought us to this night."
"We did not come to this decision lightly," she said, declining to discuss specifics of the investigation. "We do not prosecute by pressure or petition … We're law enforcement. We enforce the law."
Zimmerman turned himself in and is in police custody in Florida, Corey said, but would not disclose where he is being held.
According to CNN, Zimmerman left the state of Florida, but returned when he learned he would be charged. Zimmerman will now be transferred to the Seminole County Jail, Corey said.
The announcement comes a day after Zimmerman's attorneys said that they were dropping the case because their client had stopped communicating with them. (On Sunday, Zimmerman launched a website seeking donations for his legal and living expenses.) According to Corey, Zimmerman retained a new attorney "within the last hour."
That attorney, Mark O'Mara, said Zimmerman would plead not guilty, and hoped the judge would consider a bond.
"He is troubled by everything that has happened," O'Mara said. "Truly, it must be frightening to not be able to go into a 7-Eleven or a store. It would trouble any of us."
O'Mara said that because of the "high emotions" involved in the case, Zimmerman would likely be held in protective custody.
O'Mara was a TV analyst during the Casey Anthony trial.
Zimmerman told police he was attacked by Martin and was acting in self-defense.
Earlier this week, Corey announced the case would not go to a grand jury.
"There's been an overwhelming amount of publicity," Corey said, expressing concern about damage to a potential jury pool. "It's regrettable that so many facts got released and misconstrued."
"Forty-five days ago, Trayvon Martin was murdered," Rev. Al Sharpton said at a separate press conference in Washington, flanked by Martin's parents. "No arrest was made. The chief of police announced after his review of the evidence there would be no arrest. His parents refused to leave it there."
"Tonight," Sharpton continued, "Maybe America can come together and say only the facts should matter, when dealing with a loss of life.
"This is not a night for celebration," he added. "This is a night that shouldn't have happened in the first place."
"It's about justice, justice, justice," Ben Crump, the Martin family's attorney, said. "If we just stand our ground, we can make a difference."
Martin's parents spoke briefly at the press conference.
"We simply wanted an arrest, and we got it," Fulton said. "Thank you, Lord. Thank you, Jesus … A heart has no color. It's not white, it's not black—it's red. And I just want to thank you from my heart to your heart."
"We will continue to walk by faith," Tracy Martin said. "And we will march and march and march until the right thing is done."
Zimmerman, who was arrested and charged Wednesday with second degree murder, was held in protective custody away from the other inmates in the Sanford, Fla., city jail.
Zimmerman, 28, made his first court appearance today and spoke once, answering "Yes, sir" when the judge asked whether Mark O'Mara was his attorney. He wore a blue-gray jumpsuit and had several days of wispy growth on his face.
He did not enter a plea and his attorney did not request bond. His formal arraignment is scheduled for May 29.
The Seminole County Sheriff's office said Zimmerman underwent a series of physical and mental health tests after arriving at the jail Wednesday night. He was then sent to protective custody where he was isolated from other inmates and under constant watch in his own cell, ABC News has learned.
Zimmerman was upset and weeped for part of the night in his cell.
There was no sign of scarring on the back of his head and the booking photo shows no indication that his nose had been broken in his confontation with Martin, as Zimmerman's former legal team had claimed.
O'Mara said outside of court when the hearing was completed that they had decided not to ask for bail and suggested it was at least partly out of concern for Zimmerman's safety.
"I hope to have him released on bond and by that time have a safe place for him," O'Mara said. The lawyer said that could take "several weeks."
Sanford Police Department/AP Photo
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Zimmerman, who is a white Hispanic, shot and killed the 17-year-old black teenager after following Martin for several minutes and telling a police dispatcher Martin appeared suspicious. He claims he fired in self defense after Martin attacked him and went for his gun.
The charge of second degree murder rather than a lesser charge of manslaughter surprised many observers of the case.
Read the charge against George Zimmerman
To get a murder conviction, the state would have to prove beyond reasonable doubt that Zimmerman acted dangerously to another, "evincing a depraved mind regardless of human life." Corey will have to prove specifically that Martin's death was not simply an accident or mistake, but that significant negligence was involved.
If convicted, Zimmerman faces a minimum sentence of 25 years in prison and a maximum of life.
O'Mara told George Stephanopoulos on "Good Morning America" today that the charges threw his client.
"He's troubled by it. He's very concerned about the whole process. He's stressed. Of course he's tired and was surprised with the charge," O'Mara said.
O'Mara also said he is concerned about a fair trial in Seminole County, telling Stephanopoulos, "I think if the trial was held today it would be extraordinarily difficult. We're going to have some time before now and any eventual trial date should it occur."
Special prosecutor Angela Corey, who brought the charges against Zimmerman, expressed similar concerns during her Wednesday news conference saying that the "overwhelming amount of publicity in this case" could complicate efforts to get an impartial jury. She complained that there was "so much information on this case that was released that shouldn't have been released."
Zimmerman arrived at the Seminole County Jail in a motorcade of black SUVs, armed agents with automatic weapons guarding him at about 8:24 p.m. Wednesday.
Zimmerman went into the jail wearing what appeared to be a windbreaker or jacket over his head. He underwent a medical screening process, including a mental evaluation.
His family seemed relieved Zimmerman is now in custody. His brother Robert Zimmerman told CNN's Piers Morgan Wednesday night, "The only silver lining in all of this is that my brother is safe. For our family that's the only rest that we'll get tonight when we lay our heads down to sleep is that we'll know that our brother is safe."
His attorney has also been concerned about Zimmerman's safety.
"If he was walking down the street right now he would be at risk," O'Mara said Wednesday. "I'm hoping we can keep him safe."
The special prosecutor in the Trayvon Martin shooting case has announced that she has filed a charge of second degree murder against George Zimmerman.
So, what did Special Prosecutor Angela Corey have to do legally to get here and what will happen next?
In Session's Beth Karas and Jessica Thrill break down the steps she took in order to file the charges and how the case will proceed from here.
Step 1 – Corey files an “information” with the court
- An “information” is the official document that accuses him of the charge or charges.
Step 2 – Corey presents a judge with a probable cause package supporting the crimes charged in the “information”
- The judge will then decide if there is probable cause based on the information Corey submits.
- The judge will only authorize an arrest if he/she finds probable cause. In Florida, probable cause means that the facts and circumstances would lead a cautious person to believe that there’s a “reasonable ground of suspicion” that a particular person is guilty of a particular crime.
Step 3 – Once Zimmerman is arrested, he will have a “first appearance” before a judge
- The judge will read Zimmerman the charges.
- The judge will address Zimmerman’s right to counsel.
- The judge will set bond. Among the factors the judge will consider in setting a reasonable bond are whether Zimmerman is a flight risk and a danger to the community.
Step 4 – Arraignment
- The arraignment will likely happen within two to three weeks of the arrest and will be in open court.
- Zimmerman will be arraigned and must enter a plea on the charges, most likely “not guilty” (at this stage, defendants almost never plead guilty)
- Often the defendant will waive his appearance at the actual court hearing. The attorney can enter a written plea of not guilty on the defendant’s behalf.
Step 5 – Defense files a motion to dismiss based on Florida's “stand your ground” law
- If Zimmerman is charged, he is entitled to a pre-trial evidentiary hearing on whether he is entitled to the immunity based on the law.
- The burden at that hearing is on the defense to prove by “a preponderance of the evidence” (more likely than not) that Zimmerman was justified in using deadly force.
- In Florida, an individual can use deadly force anywhere (with no duty to retreat) as long as he/she:
- is not engaged in an unlawful activity;
- is being attacked in a place he/she has a right to be; And
- reasonably believes that his/her life and safety is in danger.
- The judge decides whether Zimmerman’s actions were justified, and therefore entitles him to the “stand your ground” immunity.
- If the judge finds the force was justifiable, then the charges are dismissed and Zimmerman is immune from further criminal prosecution and possibly, civil liability.
- If the judge finds the force was not justifiable, then the charges against Zimmerman move forward.
- If the judge rules Zimmerman is immune, the prosecution can appeal that decision to a higher court.
Step 6 – Pre-trial
- Both the prosecution and defense could file a slew of pre-trial motions in the case that deal with anything and everything from turning over documents and evidence to keeping certain evidence out at trial. It is just too early to tell.
Step 7 – Trial
Zimmerman is charged with murder in the second degree.
Florida law describes murder in the second degree as an act that is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
- a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
- is done from ill will, hatred, spite, or an evil intent, and
- is of such a nature that the act itself indicates an indifference to human life.
In Florida, a charge of murder in the second degree carries a maximum sentence of life in prison. Florida does not offer the chance for parole. The sentence would however take into account several mitigating and aggregating factors.Neighborhood watch volunteer George Zimmerman made his first court appearance Thursday on a second-degree murder charge in the shooting death of Trayvon Martin.
During the brief appearance, Zimmerman stood up straight, looked straight ahead and wore a gray prison jumpsuit. He spoke only to answer "Yes, sir," twice after he was asked basic questions about the charge against him and his attorney.
His hair was shaved down to stubble and he had a thin goatee, which appeared consistent with his booking photo from the day before. He had resurfaced Wednesday to turn himself in after weeks in hiding.
The judge said he found probable cause to move ahead with the case and that an arraignment would be held on May 29 before another judge.
Zimmerman was charged after a public campaign to make an arrest in the Feb. 26 shooting, which has galvanized the nation for weeks. Some legal experts had expected Zimmerman to face a lesser count of manslaughter and say a prosecutor will face steep hurdles to win a murder conviction. Zimmerman has claimed that he fired in self-defense.
Legal experts say prosecutors face steep hurdles to win a second-degree murder conviction against Zimmerman. The prosecutor and her team will have to prove the 28-year-old Zimmerman intentionally went after Martin instead of shooting him in self-defense, to refute arguments that a Florida law empowered him to use deadly force.
"He is concerned about getting a fair trial and a fair presentation," his attorney, Mark O'Mara said. "He is a client who has a lot of hatred focused on him. I'm hoping the hatred settles down … he has the right to his own safety and the case being tried before a judge and jury."
Speaking Thursday on NBC's "Today" show, O'Mara said Zimmerman is stressed and very tired and hoping to get bail.
"He wants to be out (of jail) to be able to help with his defense, but overall he is doing ok," O'Mara told NBC.
Meanwhile, Martin's mother clarified what she meant by telling "Today" the case was an accident.
That comment left it unclear if she thought the shooting was accidental. But Sybrina Fulton told The Associated Press that she was referring to the chance encounter between Zimmerman and her son.
"Their meeting was the accident," Fulton said. "That was the accident. Not the actual act of him shooting him. That was murder … They were never supposed to meet."
Legal experts said Corey chose a tough route with the murder charge, which could send Zimmerman to prison for life if he's convicted, over manslaughter, which usually carries 15-year prison terms and covers reckless or negligent killings.
The prosecutors must prove Zimmerman's shooting of Martin was rooted in hatred or ill will and counter his claims that he shot Martin to protect himself while patrolling his gated community in the Orlando suburb of Sanford. Zimmerman's lawyers would only have to prove by a preponderance of evidence — a relatively low legal standard — that he acted in self-defense at a pretrial hearing to prevent the case from going to trial.
There's a "high likelihood it could be dismissed by the judge even before the jury gets to hear the case," Florida defense attorney Richard Hornsby said.
Corey announced the charges Wednesday after an extraordinary 45-day campaign for Zimmerman's arrest, led by Martin's parents and civil rights activists, including the Rev. Al Sharpton and the Rev. Jesse Jackson. Protesters wore hooded sweatshirts like the one Martin had on the night of the shooting. The debate reached all the way to the White House, where President Barack Obama observed last month: "If I had a son, he'd look like Trayvon."
Corey would not discuss how she reconciled conflicting accounts of the shooting by Zimmerman, witnesses and phone recordings that indicated Martin thought Zimmerman was following him.
"We do not prosecute by public pressure or by petition. We prosecute based on the facts on any given case as well as the laws of the state of Florida," Corey said Wednesday. She was also present at Thursday's hearing.
Martin's parents expressed relief over the decision to prosecute the person who shot their son.
"The question I would really like to ask him is, if he could look into Trayvon's eyes and see how innocent he was, would he have then pulled the trigger? Or would he have just let him go on home?" said his father, Tracy Martin.
Many attorneys said they had expected the prosecutor to opt for the lesser charge of manslaughter. The most severe homicide charge, first-degree murder, is subject to the death penalty in Florida and requires premeditation — something all sides agreed was not present in this case.
"I predicted manslaughter, so I'm a little surprised," said Michael Seigel, a former federal prosecutor who now teaches law at the University of Florida. "But she has more facts than I do."
O'Mara, Zimmerman's attorney, said his client would plead not guilty and invoke Florida's so-called "stand your ground" law, which gives people wide latitude to use deadly force rather than retreat during a fight.
The confrontation took place in a gated community where Martin was staying with his father and his father's fiancée. Martin was walking back in the rain from a convenience store when Zimmerman spotted him and called 911. He followed the teenager despite being told not to by a police dispatcher and the two got into a struggle.
Zimmerman told police Martin punched him in the nose, knocking him down, and then began banging the volunteer's head on the sidewalk. Zimmerman said he shot Martin in fear for his life. Sanford police took Zimmerman, whose father is white and whose mother is Hispanic, into custody the night of the shooting but released him without charging him.
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Bluestein reported from Atlanta. Associated Press writers Suzanne Gamboa in Washington, Gary Fineout in Jacksonville, Fla.; Mike Schneider in Orlando, Fla.; Curt Anderson in Miami, Kyle Hightower in Sanford, Fla.; and Brendan Farrington in Tallahassee, Fla.; also contributed to this
