Trayvon Martin: Why there may be no peace in Sanford, Florida

         

Trayvon Martin was murdered on February 26, 2012.  At the time when he was breathing his last breath, I was watching the NBA All-Star game.  At that time, I do not recall hearing details about Trayvon’s death.  In fact, I did not become fully aware of the unfortunate events until about a week or so ago.  It was almost as if there was a delayed reaction or a delay in coverage of the incident.  I think the death of an unarmed, young teenager is worthy of substantial media coverage.  The problem with the delayed response is twofold: (1) why did it take the media so long to bring attention to the crime; and (2) nationwide awareness about Trayvon’s death happened after efforts made by the Martin family.  Because of their efforts along with other friends, family members, mothers, fathers, students and even politicians, demonstrations and petitions have taken place all over the country.  In fact, I am very proud to say that students at my former law school, The North Carolina Central University School of Law, organized a peaceful memorial service for Trayvon.  During the memorial service, many students wore hoodies in a sign of solidarity and hope for Trayvon and his family. The demonstration at NCCU is one of many peaceful demonstrations occurring across the country.

I spend a good amount of time browsing the internet and but for my propensity to do so, I still may not know about Trayvon’s case.  I consider myself to be very logical and I try not to react out of frustration or anger.  As such, I decided to conduct research on the facts of the case.  So, as I began researching the matter, I learned that Trayvon Martin was a seventeen year old young man who walked to a convenience store to buy candy.  He was slain, in cold blood, and his admitted killer has not been charged, even though it has been over a month since Trayvon’s death.  From what I have read, it seems like an extreme miscarriage of justice that Zimmerman has not even been charged with a crime.  There certainly seems to be probable cause sufficient for an arrest because of evidence of the 911 call, when Zimmerman was told that he did not need to follow Trayvon.  Zimmerman disobeyed the instructions and followed Trayvon anyway. 

Most people know that people are innocent until proven guilty.  However, I think most people also realize the standard applied to widely publicized cases is guilty until proven innocent.  With that being said, Zimmerman is already guilty in the minds of many citizens.  Zimmerman claims he shot and killed Trayvon because he feared for his life.  His attorney plans to assert a legal defense called self defense when, or if, formal charges are ever brought against Zimmerman.  Before discussing the viability of that defense, it is important to discuss the governing Florida laws.  The applicable laws adopted by Florida’s legislature in 2005 are referred to as “stand your ground” laws.  Those laws purportedly allow a person to “stand his or her own ground and meet force with force, including deadly force if that person fears death or great bodily harm.”  Proponents argue the laws allow innocent people to protect themselves from unlawful attacks.  They believe the laws also deter would-be criminals from attacking innocent people because they know citizens are arming themselves and do not have a duty to retreat before using deadly force to protect themselves.  Opponents of the laws argue that the laws are vague and citizens do not fully understand how the laws apply to them.  It makes perfect sense that people should be able to protect themselves in their own homes, but these laws seem to allow decisions, as to life and death, to rest in the hands of untrained citizens.  The problem I have with the laws is that eminent fear of death or serious bodily harm is very subjective.  Based on my understanding, as long as the person claiming the defense can prove he was in fear of death or serious bodily harm, he is afforded protection.  However, what happens when his fear was not fear at all?  It seems that the laws can be used by unsavory persons engaged in vigilante justice.  I am sure the drafters of the laws had good intentions, but that does not mean the laws will achieve the stated goal. I am certain the constitutionality of the laws will be litigated in the near future.  I am expecting changes to the laws, and I would not be surprised if the laws are repealed.

The Trayvon Martin matter is sad and it is also eerily similar to the Rodney King situation.  Obviously, there are factual distinctions between the two situations, but in terms of the tension between the police department and its citizenry, the situations are similar.   During the early 1990’s, citizens living in impoverished areas of Los Angeles had little to no confidence in the Los Angeles Police Department.  Many events transpired which caused the citizens to lose faith in the LAPD and to a certain extent, the justice system as a whole.  It seems citizens in Sanford, Florida have experienced events which has made the collective group lose confidence in the Sanford Police Department.  When that happens, as was evidenced in 1992 with the Los Angeles riots, a dangerous, volatile situation is created.  When people believe their rights will not be protected by the police department, it creates an environment where lawlessness is pervasive.  One of the first signs of losing control is when leaders no longer lead their troops.  This shows the population that nobody is in control and provides an even more uneasy feeling for them.  The police chief of the Sanford Police Department stepped down.  That set in place the first step towards anarchy and lawlessness.  I certainly hope no more violence will come out of this situation, but the fact that George Zimmerman has not been charged with a crime is a serious problem for many people.  In the Rodney King matter, the police officers who viciously beat Rodney King were acquitted.  That event was the proverbial “straw that broke the camel’s back.”  It sparked riots where at least 50 people were killed and over 400 were injured.  The citizens destroyed the city and property damages were reported at over 1 billion dollars.  Having analyzed the circumstances surrounding the 1992 LA riots and reading about the circumstances surrounding Trayvon Martin, it is highly likely that an unfavorable outcome could lead to wide scale violence.  People are on edge and expect for their leaders, i.e., police officers, attorneys, judges, politicians, etc to provide a reasonable remedy to their problems.      

How can a person’s attire be blamed for their untimely death?  Geraldo Rivera made a very insensitive comment regarding Trayvon’s death.  To paraphrase, he said that Trayvon was as much at fault for wearing a hoodie as was his murderer for shooting him.  Obviously, if a person wears a ski mask in the summer, black sweat pants, black shoes, black gloves etc. they would look suspicious.  Even so, that would not give anyone the right to kill them.  This is certainly different than a young guy wearing a hoodie, while it was raining.  Young kids and adults alike across the country wear hoodies. For some people, it is a fashion statement and for others it is about comfort.  Either way, it is not a crime to wear a hoodie and nobody deserves to die because they decide to wear one.  I wear hoodies all the time when I am going to and from the gym.  The facts of Trayvon Martin’s death have not been fully developed.  However, it seems to me that this case is really about an overzealous neighborhood watchman who took things too far.  The 911 dispatcher clearly tells Zimmerman not to follow Trayvon.  He disobeyed that instruction and that led to the untimely demise of young Trayvon Martin.

The latest shocking development in the case is that allegedly the police department has obtained evidence which suggests Trayvon was the aggressor. The “anonymous” witness allegedly saw Trayvon as he struck Zimmerman.  I am not easily swayed by “anonymous” sources because honestly, the person could be creating a story.  Also, several media outlets have reported that Trayvon was suspended from school a few weeks before his untimely death.  I do not understand how Trayvon’s alleged suspension has any bearing on the outcome of the current matter.  The fact that it was mentioned at all is very odd.

Normally, litigating a case through the media is not the proper method.  Generally speaking, litigation should be reserved for courtrooms. However, in this case, the media attention has actually brought awareness to the country.  Trayvon Martin’s family took an active role in seeking justice on his behalf and now the world is aware of his murder.  Still, over one month has passed and still no charges have been filed. Let us all hope that in the coming days justice will be served because honestly, the peacefulness in Sanford, Florida could depend on it.

Peace