Zimmerman Shooter Arrested, Possible Life Sentence
“…Mr. Apperson did intentionally fire his weapon…without provocation”
UPDATE: This post has been updated with a statement from Attorney Mark NeJame, Matthew Apperson’s lawyer.
It’s a good thing I’m not the kind of guy to say “I told you so.” 🙂
Matthew Apperson, the man who claims he fired a .357 Magnum bullet at George Zimmerman’s head in purported self-defense, has been arrested by the Lake Mary Police Department (LMPD) following their investigation of the case.
This is according to a press release from the LMPD, embedded below. (Hat tip to commenter “Amy in FL,” and tweeter “@AmyA1A.”)
Zimmerman, you will recall, barely missed being hit by the bullet, and suffered minor injuries from shattered glass when the bullet passed through his car window.
According to that LMPD press release:
After conducting numerous interviews throughout the week, detectives determined that Mr. Apperson did intentionally fire his weapon into the vehicle occupied by George Zimmerman without provocation.
Consequently:
Mr. Apperson was charged with one count of Aggravated Assault with a Deadly Weapon, one count of Aggravated Battery with a Deadly Weapon, and one count of Firing a Deadly Missile into an Occupied Conveyance.
Under Florida’s “10-20-Life” statute, each of those counts carries not only its own sentence, but an additional consecutive sentence of 20 years—so even absent the underlying sentences, Apperson could be facing 60 years prison time on the “10-20-Life” aspects alone. Given his age, this would essentially amount to a life sentence.
So, once again, some loon attempts to accuse Zimmerman of an act of unwarranted violence, and once again the accusation fall so far short of credibility that the alleged offense is not even pursued by the authorities.
This time—perhaps because Apperson is a male? Or maybe just because he tried to put a bullet into Zimmerman’s noggin’?—the accuser faces existential levels of imprisonment.
More details to follow as we come across them.
Here’s the press release, as promised:
UPDATE (5/16/15, 9:21am): Statement from Attorney Mark NeJame, Matthew Apperson’s lawyer:
We received word a couple of hours ago from the Lake Mary Police Department that a warrant had been issued for the arrest of Matt Apperson. We immediately scheduled for him to meet with law enforcement so he could be arrested and booked. He has done so. There are 3 counts; Aggravated Battery w a Firearm, Aggravated Assault w a Firearm and Shooting into an occupied vehicle. Bond is set at $35,000 and his release has been arranged.
We expected this as Mr. Apperson, under the advice of counsel and exercising his Constitutional right did not provide additional statements to law enforcement. He had already made statements and this is deemed sufficient, as of now. Mr. Zimmerman apparently did make statements and as such, it appears a decision was made to arrest on the basis of Mr. Zimmerman’s statements. That is neither unusual nor was it unexpected.
The case will proceed through the criminal justice system appropriately and ultimately a determination will be made as what truly happened. Mr. Apperson will continue not to comment until such time as it may be deemed appropriate.
–-Andrew, @LawSelfDefense
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Comments
Hope Matthew is acquitted of all charges.
I hope you grow up someday.
problem is that M1 is intellectually incapable of growing up, as are many of his fellows.
Why would you hope that? Is it just all Zimmerman hate? Why are you invested in seeing Mr. Nutball walk?
Why? So Mr Nutball can get another shot at Zimmerman.
In case anyone is wondering, that was a sarcastic reply for M1.
Somehow, I doubt he sees it as sarcasm. Likely, it’s viewed by him/her/it as a suggestion/advice.
Funny how you still stand with Matthew, the demonstrable lunatic.
Funny how that works out for someone blind to anything but lock-step allegiance.
Comments like m1’s are just indicative of the hate that motivates the left’s opposition to Zimmerman. It doesn’t matter to them that he isn’t the racist they tried to make him out to be, or that he killed Trayvon Martin in self-defense. What matters to them is that they’ve made him an avatar for the right, for gun and self-defense rights, and for America’s (real or imagined) racism. As such, he’s no longer a human being, but a target marked for elimination.
Right about now someone from the left could step in and tell me that the right is all about hate.
Whatever you say (yawn).
Hey, don’t forget the dryer sheets.
this racist pos needs to be banned.its getting old.
Noted
What? He doesn’t like white Hispanics?
He’s presumed innocent, and rightly so.
Correct. He is presumed innocent.
He’ll have a trial at which time he can confront witnesses, challenge evidence and testimony, and present his side.
He’ll have a lawyer. He’ll have the benefit of 12 honest citizens to judge him.
Now then: suppose he’s found guilty. I won’t prejudge. But suppose he is.
THEN will the Matthew supporters concede the point? Heh, I know better.
6. In florida, unless it is First Degree murder, it is 6. Just sayin.
So in Florida, it’s judged by 6 or carried by 6? That sure screws up a good slogan.
We’ve had this conversation before, but…
He is presumed innocent UNDER LAW. This is a legal fiction that is extremely important in our system.
But it isn’t binding on us, as observers. We’re free to use our heads without being constrained by legal constructs.
I can say with absolute justification “O.J. is a murderer” because he is in the world of reality. He’s only NOT a murderer under law, having been acquitted.
Presumption of innocence isn’t a fiction; it’s a principle of our legal system, and a fundamental right. I’m not saying it’s binding on you, I’m saying the only things I know about this case are what I get from news reports.
Oh fur chris’ sakes…!!!
It IS a fiction…extended by our law…to PRESUME everyone is innocent until proven otherwise.
Any such presumption HAS to be a fiction when you know damn good and well someone is guilty as hell.
BUT WE PRETEND OTHERWISE. In law.
See…??!?!??
It is a presumption for the purposes of trial. It is not a presumption for a bail hearing in many states, where the court may take into account the weight of the evidence.
No, I don’t see. Based on the known facts, Apperson IS guilty as hell, but there could be evidence we don’t know of that makes him not guilty as charged.
Welp, I give up on trying to get though to you that the presumption of innocence is a legal fiction.
But I will note that you’re making an argument for suspending judgment until sufficient information is at hand IN REALITY, which I often make myself, and that really has nothing to do with the legal fiction of presumed innocence. That’s fine. I think the matter is very clear at this point, but you are free to feel differently.
I also note you are STILL conflating what may happen at law with reality. They are not even terribly closely related at times.
Char Char, it is all three. Any lawyer will tell you that this is a legal fiction – at least those worth a damn. It is also a principle of our system of justice WHERE it is a fundamental right. But don’t mistake it for a fundamental right under the US Constitution. It is not an explicit right though it is widely held via several court cases to be implied as existing from the 5th, 6th and 14th Amendments. Wikipedia has a nice article on it here: http://en.wikipedia.org/wiki/Presumption_of_innocence
Thanks, CandidateDave. I still think I can be 99% (or more) convinced that someone is guilty and still presume innocence. I’m not expecting anyone but a juror to take that view, but that’s the way I see things. It’s about PROVING a case, but that doesn’t mean I agree with all verdicts. And I agree with what Dan Abrams wrote in this http://www.wsj.com/articles/SB123569758678089027 (to those of you who know everything, please don’t read it), except that I still presume innocence. Presumption of innocence is a fiction, unless you are the one on trial. Then it’s a right.
Looks like you are setting the blog record for the most down votes “dude”. Deservedly so. You dolloped out snarky juvenilia devoid of any redeeming social value. Utter piffle.
I logged in just to down-thumb that comment. It was well worth the effort.
If a troll measures his success by how many regulars he manages to stir up outraged responses from, then m1 is a very successful troll.
What took you so long?
In other news Mosby moves for a gag order.
Was that after she appeared at the Prince concert to benefit justice for Freddie Gray? Oops, that will be another thread when AB sees it.
Just to clarify. What took LI so long to report the arrest. I think the time for the police was rather quick.
LOL (and I never say “LOL”). Branca ain’t no microwave!
“I want it now, now, now…!”
“On a plate…with a bow!”
Yeah but other sites reported it an hour earlier.
“Other sites” were also the first to report that Trayvon Martin had been consuming “purple drank” the night he died (he hadn’t been); that Darren Wilson suffered an “orbital blowout fracture” in his confrontation with Mike Brown (he didn’t); and that Freddie Gray had undergone surgery on his spine just a week before his fatal paddy-wagon ride (he hadn’t).
This is a legal commentary site, one of the top law blogs in the nation, not a “breaking news” site. And it has a stellar reputation for getting things right the first time.
But, if you’re that unhappy with it, I suppose you could ask for a refund… 😉
Amy, they’re charging you to read this blog? Wow. They must really dislike you.
@platypus, no they just know she’s dumb enough to pay.
Some sites including left and right blogs, and many of the Florida news sites. Oh and a funny one, the Goston herald. Why that would pop up at the top pf a google search I dunno.
I had forgot that the ability to comprehend subtlety doesn’t kick in till the IQ hits three digits. My apologies to the rodent and the monotreme.
After all her blabbing.
Well, well, well…
that is the story of the 3 artesion bores
Hard to say it was self defense when you’re shooting through a heavily tinted window and apparently can’t see the other person. If he could have seen Zimmerman, he might have hit his target.
That raises some interesting questions. If he couldn’t see Zimmerman, how did he know it was Zimmerman? Or if he didn’t know it was Zimmerman, why did he shoot?
He knew the car. He had a run in with Zimmerman last year and apparently Z hasn’t changed cars since before the Martin incident. Honda Ridgelines aren’t exactly common. Hell, I can pick my wife’s red 2007 Camry out on the highway 4 car lengths away and red Camry’s are probably the most common car on the road…..
Perhaps, as GZ had previously complained, Apperson had been following him again. Maybe Apperson’s movements were tracked through various methods and technological aids, and it was provable that there was no incident other than Apperson following GZ and seeing him get behind the wheel.
Does Apperson have anything? Is he worth suing? GZ has a great case.
My understanding is his mother is wealthy — hence NeJame.
I am standing by my scenario posted on the previous GZ thread: I think the guy staked out the Mother’s home, knowing GZ was visiting and then followed him and tried to create an incident. That’s how he knew who was in that car.
I have no idea about Florida’s stalking laws (in CA this would be attempted murder with a few additional charges tossed in), so I don’t know if that makes a difference in this case.
Don’t ban m1. Aside from defiling a perfectly good piece of equipment, notwithstanding the thumb issue, he provides some comic relief.
It’s hard to see how it could be self defense when Apperson was pursuing Zimmerman on the highway.
Also, why wasn’t he charged with attempted murder? You don’t fire a pistol so the bullet passes within inches of someones head without trying to kill them.
Doesn’t Floriduh have Stand Your Tailgating statute?
Attempted murder is harder to prove while the other charges are based on preformed actions without regard to motive..
Remember that case in the LA riots when a guy got off after smashing a truck drivers head with a cinder block. The jury ruled that it could not be attempted murder because the victim was powerless and not in fact murdered
With all due respect, your statement about the collective mindset of the jurors is not factual. The whole point of jury deliberations being secret is so that nobody knows what the decision is based upon. What you stated might be a good guess at what went on but that’s all.
Despite video of the attack, the jury was hung on the major charges including attempted murder. Jury deliberations are secret but I believe that in this trial, as in the GZ trial, some jurors gave interviews to the press.
In Florida if you try to murder someone and get a near miss at head level, they call that a ‘Warning shot’ Re: Marissa Alexander
Justice For George!
And justice for all.
It is hard to speak of justice in a legal sense to people who reject a Not Guilty verdict after a trial. These scholars wish that our Constitution did not prohibit Bills of Attainder because they would love to bring one against George.
Now get ready for an epidemic of cerebral diarrhea among the usual progressive clowns.
Nope, just like when a black officer is killed by a black perp, you will hear crickets.
I hope you don’t have a trademark on ‘cerebral diarrhea’ because I’m stealing it.
Huh. Who would want to steal diarrhea?
Mouse, at least two people are stalking you with downvotes. What’s it feel like being desired?
And the way I see it, what happened is 95% responsibility of the corrupt MSM and Department of Justice.
With all the misinformation and the downright lies regarding the Zimmerman case, it was just a matter of time before some lunatic attempted to assassinate Zimmerman.
And it could happen again, judging by many of the opinions I have read online lately. There’s plenty of Moronites out there who still don’t get it.
100% correct. I really wish George had appealed his suit against NBC that was thrown our by the same Judge that “oversaw” his trail.
I thought he did appeal.
I don’t think so, but I could be completely out in left field and climbing the bleachers, but I would think we would have heard more about it by now.
As long as it is not right field and climbing the bleachers because here in the North side of Chicago there are none 🙁 ( Wrigley field. )
Sometimes appeals take time.
It’s not just the hatred for Zimmerman they’ve drummed up, either. It’s the idea they’ve promulgated through endless repetition, that “Florida’s SYG laws mean that you can shoot anyone you like and get away with it as long as you claim that you were acting in self defense”.
With bail set at $35,000. Seems to be quite inexpensive, compared to the money GZ had to put up in order to not be murdered in jail. Still, the longer Mr. A has to run around outside of prison, the more self-incriminating statements he stands to make.
According to TMZ a cop heard him say “I hope I got him this time.”
-arrested-road-rage-matthew-apperson/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+tmz%2FUhde+(TMZ.com)
Sorry. The link is:
http://www.tmz.com/2015/05/15/george-zimmerman-highway-shooter-arrested-road-rage-matthew-apperson/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+tmz%2FUhde+%28TMZ.com%29
Here is a interesting tweet by a WFTV reporter:
Karla Ray @KRayWFTV 52m52 minutes ago
Apperson allegedly yelled to #zimmerman re: sept. incident “The only reason I didn’t press charges is bc I wanted to kill you myself” #wftv
4 retweets 2 favorites
From that same story; “Apperson tells a slightly different story … claiming Zimmerman pulled out a gun and said, “I’m going to kill you” — prompting Apperson to shoot. Apperson’s maintained he fired in self defense.”
After what George has been through I can see him being reluctant to draw his gun period, however, I firmly believe that if George had seen fit to draw his gun he would not have hesitated to fire.
George wasn’t exactly quick on the draw with Trayvon. My impression is that George was entirely surprised by Trayvon’s assault that he forgot he was armed until Trayvon found his gun. How else can you explain an armed man allowing himself to be pummelled for over 40 seconds?
“How else can you explain an armed man allowing himself to be pummelled for over 40 seconds?”
That’s an easy question.
First, TM had “mounted” GZ, making it difficult to get to his pistol. Second, because GZ was too busy fending off blows to make the effort needed to get to his now hard-to-get pistol, knowing that the time taken to make the attempt could give TM the time necessary to land a knock-out blow (which would have left GZ helpless). Between these two reasons, its not hard to understand why it may be have taken GZ so long to get to his gun.
BTW, I think it may have been TM shouting for help during the fight. Imagine – TM is on top, pummeling an apparently helpless GZ. Suddenly GZ produces a handgun. The fight transitions from being a beat-down to a struggle for the gun. During the struggle, TM begins to shout for help because he realizes he’s seconds from being shot. So even if it was TM shouting for help, this scenario shows that such a situation would not necessarily indicate the he was on the receiving end of the beating or that GZ was the aggressor.
@Dave, No the screams took too long. The screams were happening before George drew the gun. It was George screaming.
I think what happened was more basic. In the resulting scuffle George was trying just to extract himself. He knew police were coming. Trayvon saw the gun. Trayvon wanted a gun, so he decided to steal it. George thought Trayvon was going for the gun to shoot him.
So he drew it and fired, before Trayvon.
Self-defense.
this the link you meant to post?
http://www.tmz.com/2015/05/15/george-zimmerman-highway-shooter-arrested-road-rage-matthew-apperson/
Wait a minute. What? “/This/ time”???
He made prior attempts on Zimmerman’s life?
Oh, wow.
You just know Matthews is an Obama supporter – probably voted for him several dozen times….snark snark
Zimmerman was still a registered Democrat as of March 31, 2015 as well. I’m not sure Zimmerman fans really want to go there.
Wasn’t there a song lyric the said fools rush in where angels fear to tread? I bet there’s no hesitation on the part of loony leftists when it comes to being foolish.
Serious question here for the more litigious of mind; Why not Attempted Murder?
That’s what I was wondering. I’m pretty sure that shooting at someone’s head is a good way to kill him.
Morally the only difference between Apperson and a murderer is marksmanship.
Or the happy serendipity of a small deflection in trajectory of a bullet fired through slightly curved glass.
Closer than I want to come…
Given the 60+ years Apperson currently faces, there is not much value added from an attempted murder charge. Also, the prosecution would have to prove that Apperson intended to kill Zimmerman. The defense might argue that Apperson was only trying to defend himself.
I don’t see an “attempted murder” code reference in Florida.
(Which may not be dispositive.)
I’m enjoying a very pleasant glass of wine and don’t intend to interrupt the experience by getting up to go to my law library.
But I see little substantive difference between an “attempted murder charge” and the “aggravated assault” and aggravated battery” charges already being levied against Apperson.
Both of the latter necessarily involve a reasonable foreseeability of death or grave bodily harm, and neither carries the unnecessary burden of having to prove beyond a reasonable doubt that Apperson wanted Zimmerman dead (granted, if there’s some other inference from a .357 fired to the head, I for one don’t see it).
These, of course, are niggling details. The substantive point is that the Progressive fascist narrative has, once again, collapsed.
Ah, that warrants another sip of wine. 🙂
–Andrew, @LawSelfDefense
Just curious: where does Apperson’s “self defense” claim end up, given the charges?
What? You don’t have your law library on your phone?
C’mon! Out with the truth Mr. Branca. You are under an oath here to tell us the truth.
Please don’t leave us hanging. 😯
Is is it a sip of Merlot, Pinot Noir, Chardonnay, or Riesling you’ll be having? 😆
None of the above. 🙂
And the rest is privileged work product between myself and the vintner. 🙂
–Andrew, @LawSelfDefense
Boone’s Farm Blue Hawaiian is something else.
Oh God, I hope it ain’t Mad Dog 20/20.
Purpa drank.
“In Vino Veritas”
I would never inturrpt a mans wine, especially one who spends as much time on the road as you. Thanks as always for the information.
😉
Maybe because if the window was indeed tinted to the degree that he couldn’t see GZ, then could make a claim that he didn’t intend to kill him.
Looks like I was right. There is no “attempted murder” statute in Florida.
They go under HOMICIDE or ASSAULTs.
Instead…
784.045 Aggravated battery.—
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
So nobody needs to prove intent.
Cool thanks Rags.
It’s a harder charge to prove. Assault/Battery with a deadly weapon doesn’t involve intent. By stacking the charges, they can still get a reasonable penalty. Note: I’m not a lawyer but having gone through this with a family member (who was the victim), it became pretty clear that the DA’s office went with the charges they knew they could conclusively prove.
“it became pretty clear that the DA’s office went with the charges they knew they could conclusively prove.”
How weird is THAT? 🙂
–Andrew, @LawSelfDefense
They’re far too overburdened here to screw around with anything that isn’t a slam dunk.
If you typed that with a straight face, then you are a dead pan expert. If you actually meant it, then how do you explain Zimmerman?
It is the old specific intent vs. general intent story. General intent crimes are easier to prove.
https://www.scribd.com/doc/265486447/Apperson-Arrest-Report
“During the investigation, I learned that Apperson has exhibited unusual behaviors in which he had recently been admitted to a mental institution.”
Still think insanity is out Rags?
Obviously, new evidence warrants new conclusions. This shouldn’t shock anybody.
If a court finds that Apperson was criminally insane, that’s the call of the court.
It takes nothing away from the fact that, just as from the very beginning when faced with a life-threatening attack from Trayvon Martin, George Zimmerman is once again the genuine victim of a deadly assault.
And once again, he’s survived the encounter the victor.
–Andrew, @LawSelfDefense
I think at this point if I were George I would be looking to change my name. Sad that he would have to, but it may be for the best.
And lose about 100#, build some muscle mass, plastic surgery, etc.
Yes, Mouse. I DO still think that. It’s a burden the defense has to carry.
I know quite a few people…often teenagers…who are in and out of psychiatric clinics. They are not even slightly “criminally insane” by Florida’s definition.
I have no doubt that Mr. Nutball exhibits strange behaviors, and I genuinely feel badly for him, WITHOUT excusing him. He certainly ALSO exhibits an awareness of what he was doing, and he had the snap to terminate the LEO interview.
When you start hearing his attorney talk about insanity as a defense, get back with me.
The disturbing thing is he had a concealed carry permit.
I presume you mean you’re surprised that Apperson had a concealed carry permit, as there’s no reason whatever why Zimmerman should not have one (and many reasons why he SHOULD).
If that’s the case, I concur.
–Andrew, @LawSelfDefense
I am going to presume that it was some grave oversight that allowed him to have one. However, it may simply be that he has never been convicted of anything that would strip him of his eligibility.
Yes. Because of the difficulty cutting and pasting, I left out a more damaging bit which makes it even worse.
A Not Guilty by Reason of Insanity finding is the highest hill they could elect to climb. They can try it, but Apperson has actually already sank that as a defense if you think about his previous actions and actions that day.
“It’s a good thing I’m not the kind of guy to say “I told you so.” :-)”
It’s a good thing I didn’t call you on that claim, Andrew 😛
Apperson should plead out. Even a 20 year plea deal is better than 60 after trial.
Right now most likely thinks that he’s a bloody hero and won’t get convicted.
Doesn’t much matter what Apperson thinks at this point.
Decision making is now in other hands.
–Andrew, @LawSelfDefense
Yes. To keep it in perspective the decision is ( likely ) now in the hands of six people too stupid to get out of jury duty.
I believe that Tyrconnell was implying that Matt does not believe he will get convicted, and so will turn down any plea deal. I think one is offered, NeJame will press hard for him to accept it. I also think a conviction is likely but not a sure thing, and there is no upside to the people prosecuting this case and a big downside. So I think they will be overjoyed with a plea deal.
Like the Zimmerman jury…!?!?
Mouse! What happened to you, dude?
Or the Casey Anthony jury. Just a little joke to remind me that jurys can be unpredictable. With a nod to Laura Flynn Boyle.
Wonder if he will be offered the same 3 year deal Marissa Alexander turned down, lol.
Isn’t there some question as to whether “10-20-life” means 20 years appended or 60 years?
I think that the Florida legislature should look at it and amend it to 20 years/action ( not law broken ). I am a law and order guy, but there is a difference between law and order and piling on. Besides SCOTUS might think that 60 years added on for a single bullet is excessive.
Actually I think they did look at it and it is supposed to be consecutive not concurrent. I think Andrew addressed this during the Marissa Alexander case.
I don’t believe it’s yet decided law whether the “10-20-Life” sentences are consecutive or concurrent with the underlying charge, or even consecutive or concurrent with each other. That was one of the major legal issues that arose courtesy of Marissa Alexander, but I’ve not followed the matter closely enough to know if the matter’s been settled definitively.
Regardless, it’s unlikely things will work out favorably for Apperson. And why should they? He apparently fired a .357 Magnum round at an innocent man’s head.
–Andrew, @LawSelfDefense
Unfortunately, many ppl think that the victim here is *not* innocent. I disagree with them, but that will surely play into the charging decision…
Better to use names or initials, at least, as “victim” depends.
Only one bullet? You can’t kill anybody with only one, can you?
Ask Vincent Foster.
Wasn’t he the guy who shot himself in the head twice? Maybe I’m thinking about somebody else. 🙂
I just want to take a moment and give some recognition to Don West. He has been the literal defender and constant supporter of George and he deserves to be recognized.
Indeed, Don West is phenomenal counsel.
–Andrew, @LawSelfDefense
Yes. Better then mark OMara.
There is a dirty little secret of defense attorneys. Most of there clients are guilty. So I suspect that someone innocent like George is a breathe of fresh air.
Which reminds me. You think OMara will be commenting on this one?
What’s wrong with MOM? I think he should be teaching criminal defense rather than doing it.
First of all, he abandoned George. I understand that he isn’t getting paid, but there are better ways to do it. He got what he wanted, a job on CNN and then he dumped him.
Second is that he reminds of a very talented athlete who always has clean uniform because he won’t push himself. I prefer athletes that push themselves and wind up with ripped uniforms with mud or blood on them.
re. defense attorneys and innocent clients.
I’ve spent quality time with many defense attorneys (in professional context, not client) and their nightmare is an innocent client. They fear that they will not be able to do a good enough job to have the court and/or jury recognize the innocence. A client who obviously behaved as charged is easier, as the job is mainly making sure that the prosecution does its job of proving the charge.
With the innocent client they know that error on their part sends an innocent person to prison. Pressure like that can seriously interfere with one’s sleep patterns.
Also upsetting is the guilty client in a case where the prosecution did such a bad job of investigation and trial work that the defense just might win. Society loses when that happens.
There are more wild cards in that deck than one suspects at first glance.
I would concur that this is my view of the matter.
Fortunately (?), criminal defense attorneys come across very, very, very few truly innocent clients.
–Andrew, @LawSelfDefense
Which is as it should be. It means the cops and the DA are catching and prosecuting mostly the right people.
“There is no client as scary as an innocent man.” — “The Lincoln Lawyer” by Michael Connelly.
GZ is about the most hapless person I’ve ever seen. Murphy’s Law has had a field day with GZ.
The words they are looking for, are, “attempted assassination.” This event is totally the responsibility of the BGI.
BGI ?
Black Grievance Industry. The group that goes around and sues if someone sneeses on a black person. Especially if the sneezer ( or someone associated with the sneezer ) has deep pockets.
So when a white guy takes a shot at a hispanic guy, it’s black people’s fault?
that’s clever phrasing. … but in this case that may well be true. Obama/Holder/Sharpton use the BGI as a tool to stir things up and get out the vote. Some white nuts like this get caught up in the hysteria. (unless he had some other grudge)
But the BGI is not representative of “black people”.
No bond!
At the very end of this WESH report they say that Apperson’s status is no bond: http://www.wesh.com/news/man-accused-of-firing-shot-at-george-zimmerman-arrested-police-say/33054574?utm_source=dlvr.it&utm_medium=twitter&utm_campaign=wesh .
Perhaps NeJame got the $35K wrong, or maybe there is a procedural thing, like he needs to be arraigned first and that won’t happen till Monday.
I was right, it was a procedural thing. He bonded out this morning.
http://www.wftv.com/news/news/local/new-details-expected-george-zimmerman-road-rage-sh/nmHMK/
He’s the luckiest unlucky person I’ve ever seen.
I live in Central Florida and last week we were subject to Casey Anthony sightings and now Zimmerman.
I do have a question and have had not had too much time to see TV, but is Mr. Appearson a concealed weapons holder? If so, he is an idiot and very irresponsible. He should know better but apparently does not.
One more thing. Good for the Lake Mary Pd in going after Mr. Appearsson. Being reckless with a firearm and shooting someone and possibly getting life is a big deal.
Angela Cory will say that they arrested the wrong person. She will also say that George Zimmerman was the perp. Al Shapton and Barack Obama will chime in too. /sarc
This could be pure speculation, but Mr. Nutball may have had a carry permit for some time. Some mental/personality disorders don’t show up until adulthood, and then take a while to manifest.
In any event, those closest to him should have intervened instead of facilitating, and he should have lost his carry permit, if not his guns. Maybe his ability to drive, too.
‘Cuz it shore looks like he’s about to anyhow, and not no nice way.
From what I’ve read, the tinted side windows present on Zimmerman’s vehicle, effectively preventing a clear view of the interior, effectively undermine Appearsson’s self-defense claim. If he couldn’t see inside the vehicle, how could he perceive a threat, least of all one justifying deadly force?
Does anyone know more about this guy? He seems like a disturbed and angry man who is obsessed with Zimmerman. His long history of run-ins with the police suggest a man who is prone to violence and/or mentally ill.
I’m not sure, but I think Z had the window down at some point before the shooting.
There appears to be something mentally wrong with Apperson. His blowing smoke in reporters faces is not something you do to get good publicity when you just shot at someone and face jail time. I think he will plead some kind of mental health problem and end up in some kind of plea bargain.
To Spiny Norman
Not sarcasm at all. I applaud what Mr Apperson did. I truly believe he deserves an acquittal.
To Gremlin1974
I agree with your statement about crickets for Black Cops that are kill Black perps. You hear the same crickets for White cops that are killed by White perps.
“I applaud what Mr Apperson did.”
What, in your diseased lil’ brain, did he do?
“I truly believe he deserves an acquittal.”
On what basis?
Do you recognize in him a kindred spirit?
Rags, are you SURE we’re not being played by this guy/gal? Hard for me to accept that he/she really believes what he/she is typing here.
Trolls are very clever at disguising themselves as being on the right side. In the end, they always get caught.
Read enough of their posts and you see how to destroy them so they do not come back. They tend to have fragile egos.
Robert Ford wannabe.
And guess whose back? You got it Debra Nelson.
http://www.clickorlando.com/news/investigators-question-family-in-zimmerman-shooting/33049616
It appears she will be the judge for the arraignment. Don’t know if she will be the trial judge.
Pass the popcorn?
Why no attempted murder charges?
Look back up the thread. There is no “attempted murder” statute in Florida.
You either kill…a homicide, or…
you assault. Like with Yoda, there is no “attempt”.
Thanks.
That’s lamer than lame, because I’ve always considered “attempted murder” lame. Why should a criminal get off easily because of his own failure to accomplish what he intended? If you try to kill someone, I think you should be punished as if you had succeeded. (As they say, it’s the thought that counts.) Someone who attempts murder presents no less a threat to the safety of a community than someone who actually succeeds in an attempt. Should the community be required to wait until one (or more) of its own loses his life before the threat can be permanently removed?
Why should murder be different from almost any other crime? It’s not a crime to attempt to steal something, or to attempt to assault someone, or even to commit espionage. If the attempt failed, then there is no crime. As far as I know the only “attempt” crimes are attempted murder and attempted rape, and I don’t see why they should be special. It smacks of thoughtcrime. Florida law seems more sensible: charge the person with what they did, not what they wanted to do. Trying to kill or rape someone almost always satsifies the elements of assault, so charge that.
Attempted Burglary: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0810/Sections/0810.07.html
Aaaaaaaaaaaaaaaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
Like with Yoda, there is no “attempt”.
“There is no try.”
( And it seems like he stole that from every Japanese martial arts teacher witha rank of 4dan or above I ever met. By Japanese I mean the teacher not the art, )
Please, please do not misquote Yoda!
“A long time ago, in a galaxy far, far away…”
So, your Japanese teachers were BOTH intergalactic AND time travelers…???
Yoda was the original!
I want to clarify the “my teachers”. Some where my teachers and some were just teachers I knew. I suspect they all learned it from their teachers, and tgheir teachers learned it from their teachers, etc. So Yoda maybe up the line somewhere.
I don’t quite see how Japanese teachers need to be either time travelers or intergalactic travelers. Yoda died a long time ago, in a galaxy far, far away, but his Spirit lives on, and his teachings probably live on too, independent of him.
Either one could have reached us by now, even if the original attribution has been lost, or perhaps never even received…
(I could easily imagine Yoda’s Spirit whispering into the ears of ancient Japanese martial artist teachers, and then moving on to the next civilization, once they got the point…)
(Or, of course, Lucas could have stolen every little bit of culture he could from every tradition he ever came into contact with, sometimes to ill effect…)
Wait a minute. Wasn’t one of the charges against Michael Dunn ‘attempted murder”?
Yes, it certainly appears so.
I’m not an authority on Florida criminal law, just a reporter of what I’ve found.
If you can find a current Florida statute on “attempted murder”, I will humbly stand corrected. I can’t find one.
Dunn might have been charged and tried under an older law. Dunno.
http://lawofselfdefense.com/statute/fl-782-051%E2%80%83attempted-felony-murder/ ?
Among the charges of which he [Dunn] has been found guilty are:
Three counts of attempted murder in the second degree (FL §782.051) for shooting at Kevin Thompson, Leland Brunson, and Tommy Storns, the three friends with Jordan Davis in Storns’ SUV
Throwing a missile into an occupied vehicle (FL §790.19) for firing into the SUV in which the boys were riding.
Yeah, I read the statute, and it didn’t seem to apply. But my analyzer is pooped from drafting motions and briefs all day.
I can’t see it being “attempted murder” when it inveigles “attempted FELONY murder” (which is another concept altogether in my lexicon.)
I don’t know, ragspierre, I don’t claim to understand it either, I was just putting it out there. I like your original explanation of the charges against apperson better, that makes more sense to me.
Thanks, Murphy. I think the Apperson stuff stands.
The attempted FELONY murder statute seems kinda loopy to me, and was applicable to the Dunn case by virtue of there being other people around.
But why not just have your homicide/assault statutes? Why this weird out-lier?
It’s interesting…
Murder, or murder not.
To the Entity posting as “M1”:
Would you please choose a different screen name to hide behind? Your asinine posts are besmirching the name of a truly awesome and respected firearm. Please call yourself something more in keeping with the content of your posts; perhaps “Bloomberg Fan”, or maybe “Leni Riefenstahl”.
One thing that this incident has proved is that the progressive fascists still believe Obama’s reelection propaganda artist’s lies. They are out in force acting just like m1 and disappointed that apperson didnt murder Zimmerman.
Someone is going to find out the hard way that SYG doesn’t mean what the media says it means. They’ll take Apperson’s conviction as proof that SYG only applies if you’z killin’ black folks.
That could be, as a lot of the SYG stuff is written by liars.
But I seem to recall that its been successfully used by a disproportionate number of black Floridans in their defense.
To DaveGinOly
Don’t include me with the left. I didn’t see any stories of my hero Joseph Walker on CNN,MSNBC.I am non partisan.
To Ragspierre
Can you say Baretta is a murderer?
Why can I only see the last few posts? How do I get to older ones?
I blame m1‘s sinister [i.e., left-wing] miasma.
Yes, what happened to 181 of the 184 comments?
Grrrr…. want to read the older comments…
😉
FYI – If you comment on the article, you can see all the older posts. Weird that it’s set up that way…
There used to be a “read older comments” button. That disappeared with the last upgrade.
here you go –> https://legalinsurrection.com/2015/05/zimmerman-shooter-arrested-faces-potential-life-sentence/comment-page-1/