Baxley and Peaden, co-sponsors of "Stand Your Ground Law" say it does not apply in Martin murder



Trayvon Martin's parents
I said this a week or so ago.  The "self defense" argument that Bill Lee used to not arrest George Zimmerman does not fly.  Now that the 911 calls have been released, even more outrage begins to pour out in the brutal murder of 17 year old Trayvon Martin.

I even sent an email to Sanford Police Chief, Bill Lee, outlining what I read the Florida Law to mean and how it did not and cannot apply in the case at hand.  (I am not licensed in Florida, so I only did it as an analysis, not legal advice.) The question I asked was: What does the law say about it?

The "Stand your ground law", only applies when a person is the VICTIM, not perpetrator, of a crime.  That means, in order to utilize "self defense" as an affirmative defense, you must be protecting your life, property or the life or property of another, from someone presenting an imminent threat.

"Stand your ground" only means, you do not have to retreat, as was the old law, if an available means exists, once you are under attack.

Durell Peaden
"Stand your ground" was an extension of the "Castle doctrine" which allows a person to use deadly force when protecting his/her home.  It basically moves that right to any place you are lawfully present.

The intent was never for a person to go looking for trouble to utilize it as a defense if the person becomes overly aggressive, as Zimmerman allegedly did. Florida state senators, Durell Peaden and Dennis Baxley, recently spoke out against the use of the "stand your ground" law in the murder of Trayvon Martin.  From the NYDailyNews.com:

Florida State Representative,
Dennis Baxley
The Florida lawmakers who crafted the state's controversial "Stand Your Ground" law said neighborhood watch volunteer George Zimmerman should be arrested for shooting and killing unarmed teen Trayvon Martin.
Former state Sen. Durell Peaden and current state Rep. Dennis Baxley said the law they wrote in 2005, which allows someone who feels threatened to "meet force with force" without backing down first, was being misapplied in the shooting death of the 17-year-old, the Miami Herald reported.
"They got the goods on him. They need to prosecute whoever shot the kid," Peaden, a Republican, told the Herald. "He has no protection under my law."

Read more: http://www.nydailynews.com/news/national/trayvon-martin-case-sponsors-florida-stand-ground-law-george-zimmerman-arrested-article-1.1048164#ixzz1pmMzKiNO
 

I recently lost a family member to a senseless murder.  I  cannot imagine the pain of having my family member's killer walking around freely and being protected by the police.  My thoughts, prayers, and support stay with Trayvon Martin's family.

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