Rumpole wrote:
"Homicide" = Death at the hands of another person.
The killing of TM was Homicide.
It was "Justifiable homicide"
Any death of a person is a homicide. What is important is that the SL exception applies specifically to the two statutes under which Zimmerman was tried and acquitted.
Unless I'm mistaken, a civil suit under 782.04 or 782.07 would cause double-jeopardy to attach. The Martin family would have to file a civil suit for wrongful death based on one of the *other* homicide statutes in Florida:
Quote:
CHAPTER 782
HOMICIDE
782.02 - Justifiable use of deadly force.
782.03 - Excusable homicide.
782.04 - Murder.
782.051 - Attempted felony murder.
782.065 - Murder; law enforcement officer, correctional officer, correctional probation officer.
782.07 - Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
782.071 - Vehicular homicide.
782.072 - Vessel homicide.
782.08 - Assisting self-murder.
782.081 - Commercial exploitation of self-murder.
782.09 - Killing of unborn quick child by injury to mother.
782.11 - Unnecessary killing to prevent unlawful act.
782.34 - Partial-birth abortion.
The only possible exception I could see is 782.07(1) (the only manslaughter clause that could even possibly apply):
Quote:
The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree...
The key phrase: "The killing of a human being by the act, procurement, or culpable negligence of another..."
Zimmerman was tried and acquitted of "killing of a human being by the
act of another", but killing by
culpable negligence. (In fact, as discussed during the trial, a death arising from a deliberate act is mutually exclusive from a death arising from culpable negligence.) So, I suppose that the Scheme Team could try to bring a civil suit for a culpable-negligence manslaughter claim?
(Such a claim would be obviously specious, and Zimmerman would immediately file for 776.032 immunity - but I suppose that they could still try, technically speaking?)