In May of 2015, Apperson shot at Zimmerman while the two were in separate vehicles on the road. It was the third confrontation between Apperson and Zimmerman.
Prosecutors charged Apperson with attempted second-degree murder, aggravated assault with a firearm and shooting into an occupied vehicle. If convicted he would face a minimum-mandatory sentence of 20 years in prison under Florida’s 10-20-life statute.
Apperson is claiming self-defense, saying that Zimmerman threatened to kill him and pointed a gun at him. Zimmerman denies that although he had two guns in his truck. Apperson is represented by defense attorney Michael LaFay.
Trial is scheduled to run through Friday.
Courtchatter has the videos on their Youtube channel, but the sound is not the best. I started the first below video with the unremorseful, unemployed, bumpy head, homeless man who killed Trayvon Martin coming into the courtroom. It is interesting that Don West was in the courtroom.
The second video continues with Zimmerman’s testimony, where he testified of calling a detective a “bitch” and “blonde bimbo,” saying he did not know she is a detective because she was dressed in plain clothes.
Apperson’s attorney began cross examining Zimmerman, which you can watch in the following video. Cross-examination continued Wednesday morning. Subsequent videos of the trial will be posted in the comment section of this blog.
Is loud music a tipping point for some people who may not like noise and have a gun? In a pre-Christmas shooting, a Missouri man is claiming self-defense after he reportedly put on a bullet-proof vest and murdered a neighbor who he thought was playing loud music no one else could hear.
Police in Maryland Heights, Missouri reported that 26 year-old James C. Blanton shot and killed 35 year-old Yi-Ping “Peter” Chang on the afternoon of December 13, when he knocked on Chang’s door complaining about “loud bass music”.
The 35-year-old Chang, a computer support specialist for an agrochemical company, was home watching a movie with his girlfriend at an apartment complex in the St. Louis suburb when Blanton knocked on the door complaining about loud music. There was an argument, then Blanton shot and killed Chang. He then sat outside Chang’s apartment and waited for police to arrive.
Blanton reportedly had a cooperative, justifying demeanor with police on the scene…
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Shannoninmiami submitted the following comment:
That is such an awesome idea- videos of the victim before the killer &co vilify them. but then I remember xena telling me a long time ago, that the victim is not on trial,
they don’t need to defend themselves! isn’t that some BS??@!! because I remember thinking of course, that makes perfect sense or THEY WOULDN’T BE the VICTIM, they’d be the DEFENDANT!
that’s true technically but things have changed. the media & the legal profession seem to be devolving into game show like entertainment sources. the ones who used to respect & speak for the victims aren’t really doing that in certain cases.
victims aren’t treated as victims. but in order for a dead victim to have a fair chance at justice they gotta be the victim.
Maybe we need a sort of special victim’s defense team who can speak out on the victim’s behalf and counter attack the killer’s allegations.
look at cases like Mike Brown & Trayvon where racist character assassination is used as a defense for murder, literally.
it seems anything goes, even fantastic stories of dead teenagers with super human strength and magical powers”
Thank you Shannon, for bringing up this subject. Today, the media and internet have changed things to where many people no longer think logically. In fact, the double-minded man is revealed more today because of the internet, and we see this when people place victims on trial.
I would like to share a portion of how I came to understand that victims are not on trial.
On December 1, 1958, Our Lady of Angels School in Chicago caught fire, killing 93 children and 3 nuns. Some of the children that died were my age. I remember seeing the photographs of those who died on television and in the newspaper that my dad brought home with him from work. So many children.
In my child, inquisitive mind, I asked my Sunday School teacher if the children had done anything wrong to die so young and by fire. My thoughts were somewhat along the lines of Santa Claus giving presents only to children who were good.
The next I remember hearing of massive death came by Richard Speck, who on July 13, 1966, killed 8 nursing students in Chicago. There was talk in the beauty shops and meat market. Rumors were passed about the immorality of the nursing students and some people disagreed that White nursing students should have shared living quarters with nursing students from the Philippines. It left me puzzled. How could those nursing students be responsible for their own deaths and why accuse the lone survivor, who was from the Philippines, of conspiring with Speck? Read the rest of this entry
The Texas version of the “castle doctrine permits the use of deadly force when an “actor” believes someone has “unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation. Even when the Castle Doctrine does not apply, there is traditional self-defense law that is deferential to a homeowner.
On December 19, 2013, in Somerville Texas, Henry Goedrich Magee, was awakened before 6 a.m. to intruders breaking into his mobile home. Fearing for his and his pregnant girlfriend’s safety, Magee grabbed a firearm and opened fire on the intruders. He killed Adam Sowers, who happened to be a Burleson County law enforcement officer. Sgt. Adam Sowers was fatally wounded by Magee while leading an armed team during an early morning unannounced “no-knock” marijuana raid.
A Texas grand jury refused to indict Magee, citing that his sincere belief, fearing for his life and the life of his pregnant girlfriend, was a “completely reasonable act of self-defense.
The no-knock raid resulted in evidence to charge Magee with felony drug and weapon charges. He was held on a $50,000 bond.
On May 9th, 2014, just after 5:30 am, 49-year old Marvin Louis Guy of Killeen, Texas, was in bed with his wife when he was awakened by someone climbing through a window of his residence. Fearing what any reasonable person would, Marvin grabbed his gun and fired at the intruders. It was the Killeen Police Department’s Tactical Response Unit conducting a no-knock raid, based on an informant. Read the rest of this entry
In Albuquerque, NM, on a dark night in a quiet neighborhood, 23 year-old Iraq War Veteran Jonathan Mitchell was shot and killed in March 2013. He was killed by Donnie Pearson. Pearson has not been arrested due to a claim of self-defense.
The story given to police is Pearson’s and his neighbor’s story. Ventana Ranch resident Jose Beltran told police that when he came home from work, he saw a man with a gun in his driveway. Instead of parking, he drove away and called his family to warn them. One of Beltran’s family members then called Pearson and told him that Jose said he saw an armed man in the driveway.
Pearson told police that he then got his 15 year-old son, and they both got into Pearson’s SUV, and set out to look for the suspicious man with a gun. Read the rest of this entry
This is a great commentary. A major problem with Florida’s self-defense law is that it does not require the person in fear to retreat. Dunn testified that his question, “Are you talking about me?” was intended to de-escalate when actual de-escalation was for him to simply move his car.
Michael Dunn will likely receive a lengthy prison sentence after a jury found him guilty on three counts of attempted murder and one count of firing into a vehicle. The jury however was unable to reach agreement on the charge of first degree murder for killing Jordan Davis. On that charge, a mistrial was declared, but the four felony counts that Dunn was found guilty of could still send him to prison for up to 75 years. Dunn’s sentencing is scheduled for March 24th.
Dunn was remanded to custody after being convicted, and if the judge gives him anything close to the maximum sentence on each charge, he could spend the rest of his life in prison. Yet, the verdict was disconcerting for one simple reason. Dunn was not convicted for murdering Jordan Davis. Had he confined his shooting to firing one or two fatal shots, he conceivably could…
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You mean, it didn’t take the cops over 40 days to arrest Smith? They didn’t interview witnesses 3 times each until getting the answer they wanted to collaborate Smith’s story? And, Sanes really could have been a burglar, but that didn’t give Smith the right to retain and kill him? (Tongue in cheek.)
EaSYG, thanks for keeping us informed.
In a case with echoes of the Trayvon Martin-George Zimmerman incident, a Florida man concerned over a rash of neighborhood burglaries is reportedly claiming self-defense after he chased, confronted, and killed a young man who was wearing baggy pants and a hooded sweatshirt whom he found suspicious.
The Orlando Sentinel reports that Claudius Angloricardo Smith, 32, is charged with second-degree murder and is being held without bond for killing 21-year-old Ricardo Sanes last Thursday, at The Fountains at MetroWest, an apartment complex in west Orlando.
But Sanes who, from his facebook page, appears to be the father of a young son, wasn’t carrying a bag of Skittles and iced tea. Police found that he was armed, with a .40 caliber handgun in the crotch of his pants. He sustained bullet wounds to the upper back and back of his neck.
When police told Smith about the wounds, he…
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On June 22, 2009, now 53 year-old Harry Pullen and his partner Allyn Swalley went to Scandal’s, a Fort Lauderdale bar. There, they met 40 year-old Edward “Brandon” Jones. Later at Pullen’s house, Pullen shot and killed Jones.
Harry Pullen said that he couldn’t remember leaving the bar; couldn’t remember giving Jones his house keys; couldn’t remember arriving home; couldn’t remember pulling the trigger. However, he swore that he acted in self-defense when he shot and killed Jones. Pullen is charged with 1st degree murder. Read the rest of this entry
On January 23, 2013, I wrote an article on the significance of the Dooley decision. It is a Florida case where the defendant claimed self-defense. Trevor Dooley was found guilty of manslaughter. His case is currently on appeal.
When I first heard of the Dooley case, I expected that he would prevail on his claim of Stand Your Ground because of testimony that Dooley was walking back to his house when David James came up behind him, knocking him to the ground.
After the verdict and when I wrote the article, it was my position that the jury applied the facts to Florida law from the beginning, finding that if not but for the fact that Trevor Dooley left his garage with a loaded gun and approached David James for mouthing off at him, the two would not have come into physical contact.
Likewise, I said that if not but for the fact that George Zimmerman got out of his car with a loaded gun to follow Trayvon, the two would not have come into physical contact. It was my position that the Zimmerman jury would find him guilty of 2nd degree murder, or manslaughter, by applying the law of initial aggressor to the facts.
I was wrong. Read the rest of this entry
Thursday, July 11, 2013
Jury Instructions and Closing Arguments are scheduled for today.
Don West argues that the State pulled “a trick”
The first video is partial and doesn’t start from the actual beginning.
Audio cuts in and out because of the live streaming.
“There are two people involved here. One of them is dead and one of them is a liar.”
On July 5, 2013, the defense for admitted killer and accused murderer George Zimmerman, filed a Motion for Judgment of Acquittal.
State prosecutor Richard Mantei argued for the State and brought out some of Zimmerman’s lies. The Honorable Judge Debra Nelson denied the defense’s motion.
This video is a summary of State Prosecutor’s Richard Mantei’s points on some of Zimmerman’s lies.
On the evening after killing Trayvon Martin, George Zimmerman was administered a voice stress test. Some refer to it as a lie detector test. Only two questions were asked of Zimmerman that pertained to his killing of Trayvon Martin;
1. “Did you confront the guy?”
2.”Were you in fear for your life when you shot the guy?”
This video approaches how Zimmerman’s answers registered no stress or indicating that he answered truthfully.
(The test results are not allowed at trial.)
Phone records provide evidence that the numerous actions and words as told by George Zimmerman that caused him to use “self-defense” took place in less than one minute, and that time includes un-holstering his weapon, aiming, and making sure his left-hand was not in the path of the kill shot when he killed unarmed 17-year-old Trayvon Martin. Possible? No!
George Zimmerman is not adding in actions to his story. Rather, he is completely making it up; from being approached 40 feet from where Trayvon’s body laid, to forensic evidence that provides Trayvon did not bash Zimmerman’s head in the sidewalk, neither place his hands over Zimmerman’s nose and mouth.
Blackbutterfly7 is presenting a series of videos based on the prosecution’s statement in court that George Zimmerman’s Hannity interview was a “God send for the State,” and Zimmerman’s statement on Hannity that he believed his actions and decisions in killing Trayvon was “God’s Plan.”
Part 1 is “Why Was Zimmerman Yelling for Help?”
Part 2 is “The Gun”
If you missed those, they can be viewed at;
The following is Part 3; “The Lie About When The Cop Arrived”
Have we forgotten? With motion hearings, arguments about discovery, beg feasts, and Mark O’Mara finally admitting there will be no pre-trial immunity hearing, it is easy to lose focus on who is on trial, and why.
Have we forgotten that George Zimmerman stated that Trayvon Martin approached him at the “T” and knocked him down with one punch? After telling his story to law enforcement the evening he killed unarmed 17-year-old Trayvon Martin, Zimmerman was told that he would be required to come to the crime scene the next day and show law enforcement what happened.
At the crime scene, Zimmerman realized that his one-punch at the “T” knocked him down backwards story was not consistent with the head bashing, wiggling to the grass story. Zimmerman killed Trayvon Martin about 40 feet south of the “T”. At his re-enactment, Zimmerman had to wing-it, and in doing so, contradicted what he told law enforcement less than 24 hours earlier.
The following video recaps Zimmerman’s first statement to police about being knocked down backwards with one punch from Trayvon Martin. It also provides excerpts from Zimmerman’s first bond hearing, including Detective Gilbreath’s statement that Zimmerman’s story about wiggling from the concrete to the grass is not consistent with the evidence that the State found.
Killer and accused murderer George Zimmerman’s trial is scheduled to begin on June 10, 2013 with jury selection.
The latest hearing in the State of Florida vs. George Zimmerman was quite the circus to say the least. In my opinion the hearing was not just for O’Mara’s ludicrous sanction motion against the state for getting rip to shreds in Bernie de la Rionda’s response, but to put on a show for the dwindling support group for the Zimmermans.
I say Zimmermans to include the family as well. Their actions speak for themselves.
The hearing was yet another attempt to get at Mr. Crump, Ms. Sabrina Fulton and Witness 8, aka Deedee. This is the misdirection.
Misdirection is a form of deception in which the attention of an audience is focused on one thing in order to distract its attention from another.
Counsel for the defendant keeps failing to realize this is a murder trial with witnesses, forensic evidence, the defendant’s multiple statements, the defendant’s Hannity interview, bullet casing location, GPS data, phone records, text messages and DNA evidence.
Mr. Crump has done everything he can and will do legally in helping his clients Sybrina Fulton and Tracy Martin, for the senseless shooting death of their son Trayvon Martin. Anything garnered by Mr. Crump’s efforts are protected by work product/attorney privilege.
What part of that statement/ruling made by the judge in the black robe do they not understand?
Don West starts off with his ongoing complaint of attorney Crump’s interview of Deedee. If the Sanford Police Department would have done their due diligence in finding her, they could have questioned her themselves. Law enforcement commonly obtains permission from the parents and or through a warrant to access data on phones. This case has been fouled from the very beginning. Many things were done wrongly and some rightly. More often than not the Sanford Police Department is responsible for a lot of the wrongs.
West continues to go on and on about the non-hospital visit of Deedee. It is a non-issue. Big deal! So what! What does that have to do with a man with a record of domestic violence, and anger issues, menacing Trayvon first by car, then on foot, chasing him in the dark, and ultimately killing him with a gun that is registered to his wife, Shellie.
What does Deedee making an excuse, (not a lie of not attending the funeral of a person she was in love with), have to do with the murder case filed by the State of Florida? Most human beings do not like facing the death of a loved one, let alone one that was murdered.
The other thing I noticed from the hearing was both attorneys, Mr. Mark O’Mara and Mr. Don West, used the hearing, not only to attack the State for their hurt feelings from the response by Mr. Bernie de la Rionda, but to also discuss, at length, depositions taken of Ms. Sybrina Fulton and Deedee.
Depositions are never a part of the case record. Not being a part of the case record means there is no requirement to seal or unseal. The court never sees depositions. Depositions are solely for discovery and not intended to address the facts of a case neither legal conclusions. They are maintained by the attorneys. Some depositions are never reduced to transcripts – that is, written out, because attorneys do not find any information in them that has merit in the case. When that happens, if opposing counsel wants a transcript of the deposition, they have to pay for them to be transcribed.
In essence, we the public, do not get to see transcripts of depositions because they are not a part of the case record.
The attorneys for the defendant found a way to talk about the depositions without getting in trouble with the court. For example, would we have known that the letter that was presented from Deedee to Ms. Fulton was not written in her own hand but was dictated by her and written by a friend named Francine? It doesn’t make the letter any less authentic because she did not pen it herself; they were her thoughts written by her friend. She signed the letter. By signing the letter she made it hers. The content of the letter could have not come from her friend, because she was not on the phone with Trayvon. Deedee herself was describing as best she could for Ms. Sybrina Fulton what happened that night. The audacity of the defendant’s attorneys to actually make this woman take a personal letter out of her Bible to prove she had the original goes beyond the limit of human decency.
It goes to show us the only strategy O’Mara and West are using is to keep attacking witness 8, aka Deedee, and Ms. Sybrina Fulton. This will not work. We have viewed the available evidence and data to date and all of it points to the absolute guilt of George Zimmerman.
Quite a few bloggers have painstakingly taken apart evidence, timelines, DNA data, police timelines, videos etc. that can put any experts that O’Mara employs to shame.
By the way we never have known the friend’s name if it weren’t for Mr. West’s big mouth either. This is why the identity of witness 8 is taken with the utmost care by the State. The lengths that some blogs (they know who they are) and the attorneys themselves have gone through to get information about her are enough to scare any person.
Bernie de la Rionda cross-examination of West was outstanding! He got Mr. West to answer when the existence of the letter to Ms. Fulton was discovered. There was no withholding of discovery. Bernie de la Rionda also revealed how long the defense team deposed Ms. Fulton – 7 hours; really, they actually asked her about her employment, and how much money she made in previous years. How relevant is this? The amount of time spent on witness eight and Ms. Fulton borders on witness intimidation.
I also noticed that Bernie didn’t fall for their crap either; he didn’t do a tic for tat by revealing any of the juicy details from his interviews.
The lawyers for the defense were trying, very badly I might add, to deflect from the real issue of the immunity hearing. O’Mara wanted nothing more than to crawl back under the rock he slithered from, than to have that taken right off the table. He had to eat those words previously said at interviews and in court that his client welcomes an immunity hearing. O’Mara said “His client wants to take the stand and plead his case”. When did Mark O’Mara know that he would not proceed with a pre-trial immunity hearing? Please see the video below.
Weren’t those the days, Counselor? (LOL)
As previously stated by Judge Lester, the case against George Zimmerman is strong.
There aren’t many days left till June 10th. We are already in the first week of May. As my good friend Lonnie says, Tick, Tock George, Tick Tock.
Starting from point A.
Justifiable use of force by the aggressor is not available to a person who initially provokes the use of force against himself.
If not but for the fact that George Zimmerman, (who was armed with a fully loaded gun), got out of his truck to follow 17-year-old, unarmed Trayvon Martin, the two would not have come into physical contact.
In September 2010, then 69-year-old Trevor Dooley shot and killed 41-year-old David James. Dooley claimed that he shot James in self-defense. Two days later, Dooley was arrested and charged with manslaughter with a weapon, improper exhibition of a dangerous weapon or firearm, and open carrying of a weapon.
Dooley petitioned the court for immunity under Florida’s Stand Your Ground statute. On May 11, 2012, Judge Ashley Moody denied Dooley’s petition for immunity. The case proceeded to trial.
The situation started when Dooley, who resided across from a basketball and tennis court, saw a teen with a skateboard on the basketball court and yelled at him not to skateboard. David James, who was on the court with his 8-year-old daughter shooting hoops, yelled back to Dooley asking where was the sign saying no skateboarding. Dooley was washing his car and walked out of his driveway over to the basketball court. Testifying that he saw no good by arguing, Dooley turned to walk away when James grabbed him by the shoulders pulling him around. The altercation then went to the ground and ended with Dooley shooting James in the heart.
Dooley, who is 5 feet 7 and weighs 160 pounds, told jurors he had to struggle with a man 28 years younger who was 6 feet one inch and 240 pounds. Dooley testified that he had no choice other than to pull out his gun after James grabbed him by the throat. Dooley testified that he felt that he was going to black out, and that James went for his gun and he believed James would have shot him.
At trial, James’ daughter was a witness for the defense. She testified that Dooley did turn his back and was walking away when her dad rushed him. Furthermore, she said she did not see Dooley’s gun until he took it out during the altercation; that her father was “on top” of Dooley and was trying to keep him down to answer his question, which was, where is the sign that says “No Skateboarding”?
The Dooley case decision is very significant in understanding the legislative intent of stand your ground law. It is common to read George Zimmerman’s supporters argue that stand your ground immunity applies when the person tries removing themselves and/or does not throw the first punch. If that interpretation of the law is correct, then James would be the aggressor and Dooley granted immunity from prosecution.
According to the court’s ruling in the immunity hearing, “…the evidence showed that Mr. James had not been threatening or aggressive in any way toward Defendant, although he did appear to be shocked, defensive, loud, upset and agitated. It was not until Defendant reached for and pulled out his weapon – indicating an intent to escalate from an argument to violence – that Mr. James exerted and used physical force against Defendant.”
In other words, the court found that the victim had the right to use physical force because the defendant took a physical action that the victim perceived as a threat. At trial, State prosecutors proved the same to the jury.
Dooley testified that he never showed his gun. Witnesses said otherwise. They testified that Dooley raised his shirt, revealing his gun, and then turned to walk away. That action is why Dooley was charged with improper exhibition of a firearm and open carrying of a weapon. It is also why the jury decided that James, once seeing the gun, had the right to try to disarm Dooley.
Furthermore, and most importantly, the jury decided that Dooley was the aggressor and it was a senseless killing; if not but for the fact that Dooley left his garage with a loaded gun and walked over to James, the altercation would not have happened and James would not have been killed. Dooley was found guilty on all counts.
Dooley said that he is remorseful. Each time he takes a shower and hears the drain, it reminds him of James’ death gurgle. On January 17, 2013, the judge hearing Dooley’s remorse, sentenced Trevor Dooley, now 71 years old, to 8 years in prison and 10 years probation. His sentencing for all counts run concurrent, with 3 days of jail credit.
WHY IS THE DECISION IN THE TREVOR DOOLEY CASE SIGNIFICANT IN THE CASE OF GEORGE ZIMMERMAN?
After the jury found Dooley guilty, he gave a statement to the media, blaming racism for his prosecution. “Do you really think that if it was the other way around and the skin color would be different we would be here today?” he asked reporters.
The jury in Dooley’s case consisted of multiracial men and women. Dooley’s focus was on losing the fight giving him the right to use deadly force, rather than his initiation of events leading up to the fight and the firing of his gun.
Although at trial it was established that James initiated the physical altercation, there would have been no physical altercation and no killing had Dooley not left his garage with a loaded gun. The jury decided by applying the facts and evidence to the law. Let’s see if Judge Nelson, in deciding George Zimmerman’s petition for immunity, and the jury at his trial, will decide likewise.
Similarities and Comparisons
|Trevor Dooley||George Zimmerman|
|City, State||Valrico, FL||Sanford, FL|
|Community||Twin Lakes||Retreat at Twin Lakes|
|Age of Defendant at time of incident||69||28|
|Age of Victim at time of incident||41(interestingly, there is a 28 yr difference between James and Dooley, and Zimmerman was 28 yrs old when he killed Trayvon Martin||17|
|Race of Defendant||Black||White Latino|
|Race of Victim||White||Black|
|Defense||Was assaulted by a younger, stronger man and was in fear for his life.||Was assaulted by a teen and was in fear for his life.|
|Cause of Death||Gunshot to the heart||Gunshot to the heart|
|Allegations:||Victim attacked first (supported by witnesses)||Victim attacked first (No witnesses)|
|Was being choked, could not breathe||Was being smothered, could not breathe|
|Victim saw and went for gun||Victim saw and went for gun|
|Fear that victim would get gun and shoot.||Fear that victim would get gun and shoot.|
|Admitted||Left garage and approached victim||Left vehicle and followed victim|
|Tried to walk away (supported by witnesses)||Shot victim while having victim’s wrist and arm restrained to prevent getting gun. (No witnesses)|
|Shot victim while victim was on top. (Supported by witness testimony)||Witnesses vary as to who was on top.|
|Victim rushed him.||Victim ran.|
|Similarities||Was washing his car when he saw the skateboarder and yelled not to skateboard||Was on his way to grocery shop when seeing Trayvon Martin.|
|Left his garage with a loaded gun to approach victim.||Left his vehicle with a loaded gun to follow victim.|