Zimmerman Shooting: 911 Recording, Police Docs

More updates expected…

Posted by Andrew Branca Wednesday, May 13, 2015 at 08:30am 18 Comments

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OK folks, just a hit-and-run post here on the Zimmerman/Apperson kerfuffle.

Commenter “Merrymary” from our previous post on this subject (George Zimmerman Attempted Shooting – New Facts Released) was kind enough to send me the audio of the third-party 911 call made after Matthew Apperson fired a shot at George Zimmerman; she also provided some police documents. (Thanks!)

We, in turn, provide them to you.

Here’s the 911 call, or at least the brief portion released so far by the police:

Here’s the Lake Mary Police Department written press statement:

And here’s a partial (preliminary) police report, which is largely just a check-box document they need in order to initiate a criminal investigation. What’s listed there that appears as a “criminal charge” should not be taken as substantive.

Stay tuned—I expect we’ll have more as the day proceeds.

–-Andrew, @LawSelfDefense

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Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He also holds Law of Self Defense Seminars around the country, and provides free online self-defense law video lectures at the Law of Self Defense Institute and podcasts through iTunes, Stitcher, and elsewhere.

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18 Comments

George Zimmerman

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George Zimmerman

Comments

ackbarsays | May 13, 2015 at 8:48 am

Why does the offenses section say “without intent to kill?” Because Apperson said “I didn’t want to kill him?” Novel defense.

Char Char Binks in reply to ackbarsays. | May 13, 2015 at 9:06 am

Charges subject to change.

Stan25 | May 13, 2015 at 9:34 am

I wonder when George Zimmerman is finally murdered, if Al Sharpton, Jessie Jackson, NBPP, Eric Holder, Barack Obama et al will be charged with conspiracy to commit murder? Somehow I don’t see that happening. It would be nice if they were charged.

Merlin | May 13, 2015 at 9:38 am

Zimmerman needs to try life in another part of the country. There are plenty of places where nobody knows who he is and more importantly for him, nobody cares. His longevity in Florida is not very promising.

Hexenjager in reply to Merlin. | May 13, 2015 at 9:54 am

He doesn’t live in FL any longer. He was just there to visit his mom for Mother’s Day.

PhillyGuy in reply to Hexenjager. | May 13, 2015 at 1:44 pm

Plus he had an appointment with his doctor that he wanted to keep. The altercation happened while he was in the neighborhood for that. Unlucky for George that Apperson was in the same area.

I hope this guy gets charged but I really don’t think that will happen. I have my suspicions about the Lake Mary police.

JBourque in reply to Hexenjager. | May 13, 2015 at 5:26 pm

And someone who believed Zimmerman wronged him half a year ago nearly murdered him? Moms are golden, but this is what phones were invented for.

MattMusson in reply to Merlin. | May 13, 2015 at 9:55 am

Time for Zimmerman to disappear from public life and move on to becoming the answer to a Trivial Pursuit Question.

Valerie in reply to MattMusson. | May 13, 2015 at 10:28 am

Once you are in the news, you can be pursued. He did move away, and in this story, there is no indication whatsoever that he drew attention to himself.

Let’s not give Mr. Apperson, or anybody else, an Assassin’s Veto over his life.

Stan25 in reply to MattMusson. | May 13, 2015 at 11:31 am

As long as the left considers George Zimmerman Public Enemy #1, he will not be safe. Especially in Florida.

Merrymary | May 13, 2015 at 10:07 am

Didn’t know there was a new post on Z–I just put this on the other thread, but will put it here too–I hope that is ok. Also, check the link–there is more:

Daily Mail Online has discovered Apperson is no stranger to the police, having been arrested at least six times.

His threat to kill was detailed in a 2013 police report by his local police department.

During a telephone call with a telephone canvasser from the University of Florida, Apperson suddenly said: ‘I have a .357 Magnum and I am going to kill a trespasser.’

Char Char Binks in reply to Merrymary. | May 13, 2015 at 10:17 am

That doesn’t matter cuz Skittles.

MouseTheLuckyDog | May 13, 2015 at 12:29 pm

I just hope they don’t bring out the clown set: Dr Phil/Bernie,John Guy, Richard Mantai in for the trial. I do hope they do bnring in that competent hot babe ( sorry I forgot her name ) from the Dunn trial.

Gremlin1974 in reply to MouseTheLuckyDog. | May 13, 2015 at 5:57 pm

Think her name was Erin Wolfson, or something like that and yes she was very easy on the eyes.

Gremlin1974 | May 13, 2015 at 5:55 pm

I really don’t understand how you can “assault someone with a deadly weapon” and not “intend to kill” them.

mekender in reply to Gremlin1974. | May 13, 2015 at 8:08 pm

Fl law:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.011.html

784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.021.html

784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Simply put, the weapon did not hit him so it is not a battery…

But, that will not matter, 10-20-life still kicks in in this case:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.087.html

By my reading of the law, he would have faced a 20 year mandatory minimum had the bullet hit Zimmerman just the same as he is facing now. Though with a long list of priors like he apparently has, he may qualify for a points enhancement as well and go beyond that.

MouseTheLuckyDog | May 13, 2015 at 9:10 pm

Here is a key question:
when this goes to trial, will the 911 call be admitted in it’s entirety? If so, is that sufficient to geta self defense instruction?
That seems to me to be the key question in prosecution. If that is sufficient to get an instruction, then he this guy will not take the stand, and a lot of his flakiness does not come in. Then his lawyer will allow GZ’s reputation to work for him.

I suspect this was the guy copying GZ’s phone call to police when his girlfriend fought with him.

georgfelis | May 14, 2015 at 1:00 am

Question: At what point in time will/has Mr. A’s concealed carry permit be revoked and will/has he been relieved of his weapons?

Zimmerman Shooting: 911 Recording, Police Docs