May 14 2012
Zimmerman Defense Takes Another Blow From Florida Courts
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. Black’s Law Dictionary defines “precedent” as a “rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.”
This legal term is rapidly becoming an issue for the George Zimmerman’s defense team, because today comes news of a second court case that parallels the Trayvon Martin case, and spells bad news for George Zimmerman (here was the prior case). The parallels are quite important:
Circuit Judge Ashley Moody denied a motion to use the Stand Your Ground defense on Monday.
Trevor Dooley, 69, said he was protecting himself when he was attacked and choked by David James
Dooley is charged with manslaughter in James’ death.
Before we go further, note the lesser charge of manslaughter here – which indicates prosecutors may have a lot more on George Zimmerman than has been publicly released to date. Now the specifics:
Dooley, who lives across the street, saw the skateboarder and yelled at him that he was not allowed to skate on the court. James stuck up for the teenager, yelling to Dooley to show him the sign saying he was not allowed to skate.
A verbal altercation between Dooley and James ensued. That altercation at some point became physical, and ended when Dooley — who has a concealed weapons’ permit — took his gun out and shot James.
Similarity 1: Dooly is trying to play cop and enforce laws. Something he is not authorized to do. Identical to Zimmerman
Similarity 2: A verbal exchange gets heated, and turns to a physical one, in which the instigator (Dooly) begins to lose the physical battle:
His attorney also tried to portray Dooley as an older, smaller and physically weaker man than James, who feared for his safety.
The defense also called James’ daughter, now 10 years old, to testify. She saw the altercation and shooting take place.
She said she did not see Dooley’s gun until he took it out during the altercation. She also said her father was “on top” of Dooley at one point “to keep him down so he could actually get the answer” about where the sign was.
Double bad news here. Dooly was on the bottom (like Zimmerman) and he pulled the gun during a physical fight. The verdict was there was insufficient threat of life at this point. Even though he was out matched physically.
Dooly entered into a confrontation with another law abiding citizen – armed. He then pushed the confrontation forward until a physical altercation occurred, at which point he pulled his gun and killed the other person.
This is not self defense, nor is it defensible. Zimmerman better start negotiating – and fast.
This ruling was made because of a finding of evidence by the Judge in the case, as related in the article you quote.
“According to Monday’s ruling, “…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.”
Read more: http://www.abcactionnews.com/dpp/news/region_hillsborough/stand-your-ground-defense-denied-for-trevor-dooley-in-2010-death-of-david-james-in-valrico#ixzz1usDRBvHh
Since that is the evidentiary finding by the Judge, then none of the other “testimony” has any credence. The ruling is that Mr. James had NOT been threatening or aggressive in any way toward defendant, UNTIL he pulled a gun. That situation is quite clearly precludes the “stand your ground” defense from being used.
Now, if that kind of evidentiary ruling is made in the Trayvon case, then this case may serve as a precedent. BUT if the evidentiary findings are different – ie, there is evidence that the physical altercation began BEFORE the gun was pulled, then this case is not on point and has no value as precedent at all.
Everything in the Trayvon case hangs on the findings as to the actual physical sequence of events. We will know what the ruling will be when that sequence is determined exactly, which is what everyone who has actual knowledge of the law (like me) has been saying from the beginning. I don’t know how this case will turn out – what I do know is that it will all depend on what the actual physical sequence of events is ruled to be, and anyone who thinks differently is a fool.
The only difference is that in Dooley’s case James was “’on top’ of Dooley at one point ‘to keep him down so he could actually get the answer’ about where the sign was.” James had him pinned but was not beating him to death.
Zimmerman feared for his life because while Martin was on top of him his head was being bashed into the ground.
The courts were correct in the Dooley case.
DJStrata,
The problem is Martin could have rightfully been trying to knock Zimmerman unconscious because he was staring down the barrel of a gun.
They have something, and we may find out today what it is.
LOL, now that is funny…. DJ and AJ have a difference of opinion….
DJ thinks Zimmerman feared for his life, AJ thinks Zimmerman was pointing a gun.
Of course there is no evidence that has been released that proves either.
Oops, forgot to mention that I see very little parallel in this case with the Zimmerman-Martin case. Seems that there was evidence that Dooley was the instigator in this case and James was not threatening him. That hasn’t been shown at all in Zimmerman case.
It is interesting that we no longer see the Democrats in Congress, Al Sharpton, Jesse Jackson, no longer donning in their own hoodies and speaking up in our chambers….
Have they LOST interest in this story? Do they know something that we don’t know about?
Well done, WWS and DJStrata!
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