- Sybrina Fulton, 04/11 (video here)
“We are not asking that he [Zimmerman] be convicted; We are asking that he be arrested”
-Benjamin Crump Esq.
Attorney for Tracy Martin and Sybrina Fuller
(Quoted to Piers Morgan on 4/3/2012)
And there you have it, the ulterior motive, the hidden agenda:
The Trayvon family is not seeking justice in the form you would think. No, they are seeking monetary justice, or more directly monetary gain. THAT is the motivation; and the absence of an “arrest” is what stood between them and their ability to sue in civil court”.
Ask yourself why would anyone want an arrest without a conviction?
“We are not asking that he be convicted; We are asking that he be arrested”
Why is that so important?
The answer can be found in the statutes of Florida law surrounding Justifiable Use Of Force (Statute 776) which outlines in Statute 776.032
Immunity from criminal prosecution and civil action for justifiable use of force:
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Note that in section 2 of the immunity statute 776.032 a person is “immune” from criminal or CIVIL action if they are not arrested. The arrest itself can be interpreted as “Probable Cause” the force, or action taken, was unlawful.
Remember the key distinction between guilt or innocence in Criminal vs. Civil trials. In criminal trials the burden of proof is “beyond a reasonable doubt”. In civil trials the burden of proof is “with a preponderance of the existing evidence”; this is where probable cause comes into play. For the purpose of “monetary justice” it only takes an arrest; a subsequent conviction is not necessary.
Without an arrest there is no standing for a civil case awarding monetary damages to Tracy Martin and Sybrina Fuller against George Zimmerman, the HOA for The Retreat At Twin Lakes, and possibly the City of Sanford and all of their respective insurance companies.