Stand Your Ground… and Kill!

 

          Trayvon Martin (1995-2012)

It’s been a decade since then 17-year-old Trayvon Martin was confronted by self-appointed neighborhood watchman George Zimmerman as Martin was jogging in a Florida neighborhood. Suspicious of a Black youth in a white community, Zimmerman tracked and then stopped Martin. A struggle ensued. Zimmerman, claiming self-defense, shot and killed Martin. He also relied on a Florida statute, which reversed the common law established principle of law mandated that unless one were reasonably in fear of death or bodily harm, killing the threatening individual was not justified. A reasonable person would just leave the scene.

Writing for the February 27th Associated Press, Curt Anderson and Lindsay Whitehurst remind us of those events, the trial and the aftermath of sweeping new “stand your ground” enabling laws, lobbied hard by the National Rifle Association: “In 2005, Florida became the first state to adopt such a law. It was in force when Martin was fatally shot by self-appointed neighborhood watchman George Zimmerman on Feb. 26, 2012. Martin was Black; Zimmerman is white and Latino.

“The initial police report said Zimmerman called authorities to report a person who he said ‘looks like he’s up to no good.’ He followed Martin despite being told not to. A confrontation followed in which Zimmerman claimed Martin attacked him, forcing him to use his gun for protection. Zimmerman was allowed to go free… Martin’s parents questioned that version of events, and the case eventually became known nationwide. Zimmerman was arrested six weeks later after then-Florida Gov. Rick Scott appointed a special prosecutor.

“Zimmerman’s lawyers opted not to pursue a stand-your-ground claim before trial, which could have resulted in the dismissal of murder charges and immunity from prosecution. But the law was essentially used to claim self-defense in the trial, which resulted in his acquittal.” No errant smartphone videos, no CCTV lenses looming, just the word of a white dude with a gun against that of a dead, unarmed African American teenager. No issues over an attempted citizen’s arrest, just that same-old/same-old: Black teen where a white resident did not think he belonged.  Sound familiar? Excessive anger triggered by minor issues… or racism.

The cases where there is a video seem to be going in favor the decedent’s perspective these days, but where there is no video – as with most of modern history – the white shooter too often wins. You know the cases; I do not need to repeat them here. But a lot of “pro-Second Amendment” states, egged on by the NRA, understood what “stand your ground” permitted. They knew who would be most likely individuals to seek “my word against his word” exoneration when someone applied such statutes. That only one in every 30 shooting homicides is ever deemed “justifiable” never dulled the argument in favor of arming everyone in anticipatory “self-defense.” But with these new laws, avoiding confrontation was no longer necessary. So, what has been the impact, a decade after Martin’s death, of the proliferation of these “stand your ground” statutes, which were very rare in 2012? 

“[Today,] over 30 states have some form of the law, which recent research indicates is associated with more deaths — as many as 700 additional firearm killings a year, according to a study published last week in the journal JAMA Network Open… The study found a national increase of up to 11% in homicide rates per month between 1999 and 2017 in stand-your-ground states. The largest increases, between 16% and 33%, were in Southern states, the study found… ‘These findings suggest that adoption of [such] laws across the U.S. was associated with increases in violent deaths, deaths that could potentially have been avoided,’ the authors concluded.

“Advocates for the laws, especially the National Rifle Assn., argue they act as a crime deterrent by ensuring people can protect themselves and others against a would-be assailant… Civil rights attorney Ben Crump, who was involved in the case, called the Florida law ‘a virtual get-out-of-jail-free card that is essentially a license to kill.’

“The debate over such laws continues today. Gun rights supporters argue people should not have to try to retreat before defending themselves, said Alan Gottlieb, founder of the Second Amendment Foundation… He pointed to a recent Florida case in which a homeowner shot and killed a man trying to break into his house; the man killed was suspected of shooting a police officer. While other self-defense laws could apply, Gottlieb said that ‘stand your ground’ laws offer reassurance…. ‘It’s made a very big difference in self-defense situations,’ he said.

“Last year, three more states passed laws removing the duty to retreat — Ohio, Arkansas and North Dakota, where the law’s sponsor said it ‘ensures someone will not have to run away prior to protecting themselves or their family.’… And six states loosened restrictions on carrying a gun in public by removing the requirement for a permit — the most to do so in a single year. Over 20 states now allow carrying without a permit… The U.S. Supreme Court is expected to rule this session on whether New York’s restrictive gun permitting law violates the 2nd Amendment right to ‘keep and bear arms.’ The law’s defenders say striking it down would lead to more guns on the streets of cities including New York and Los Angeles…

“‘Laws like ‘stand your ground,’ or shoot-first laws, give people like Jordan’s killer, my son’s killer, the idea that you can shoot first and ask questions later,’ said Rep. Lucy McBath (D-Ga.), who entered politics after her son was slain at a Florida gas station in 2012 by a white man who was angry over loud music playing in a car in which Jordan Davis, a Black teenager, was a passenger. Michael Dunn used the stand-your-ground law in his defense, but was convicted and is serving a life sentence.

“Rovina Billingslea’s family has also been forever affected by such laws. Her cousin Jasmine McAfee was killed by an intimate partner near Orlando about four years ago. The shooter was acquitted under the stand-your-ground law… ‘There was no justice, no closure — just pain,’ Billingslea said.” AP. For those who believe people are safer because of these looser gun laws, think again. And even for shooters, given a ubiquitous smart phone or an unfriendly jury…

“There are new efforts to resist such laws amid rising gun violence: Lawmakers from 19 states have joined a new task force aimed at amending or repealing the laws, especially in Georgia, Kansas, Pennsylvania and Florida. The push is backed by Everytown for Gun Safety and Moms Demand Action, whose founder, Shannon Watts, said they should be called ‘shoot first laws’ since they differ significantly from other self-defense laws.

“Since Martin’s slaying, Florida has amended its law to shift the burden of proof from the person claiming self-defense to the prosecutor handling the case… Prosecutors and many police organizations oppose the laws, contending they can protect criminals and hinder the ability to bring justice in fatal shootings… The ‘laws provide safe harbors for criminals and prevent prosecutors from bringing cases against those who claim self-defense after unnecessarily killing or injuring others,’ David LaBahn, president of the Assn. of Prosecuting Attorneys, testified to Congress.” AP. The laws simply do not accomplish the expected safety. Often the opposite.

Frequently, the person shot does not have a gun. The shooter makes his (usually not her) assessment, a confrontation ensues… and somebody dies. Oh, and those wearing a hoodie, regardless of the temperature outside, need to know that they are assuming the risk of being confronted and killed. Much riskier even than driving while Black.

I’m Peter Dekom, and I wonder if those “stand your ground” states simultaneously eliminated the “Thou shalt not kill” commandment from the Bible.