The Department of Justice can arrest and charge George Zimmerman, for the murder of Trayvon Martin, under Title 18 U.S.C. Section 242 'Deprivation of Rights Under Color of Law'. This refers to any incident
where a police officer, prison guard, security guard, government official or other authority figure use their power or authority to to violate someones rights. The crime has specific penalties when death occurs. http://www.fbi.gov/about-us/investigate/civilrights/federal
The night Trayvon Martin was killed, George Zimmerman was actively patrolling as a "Neighborhood Watch" In fact, this watch program was organized with the help of the Sanford Police Department. (In my opinion, this is why they didn't arrest him, initially) Neighborhood Watch persons are actually recognized and protected under Florida law. ( Title 46 Section 843.20 of the Florida Code actually makes it a misdemeanor in the first degree to harass or interfere with an identified member of such program) In citing a Jacksonville Journal Courier story by Cody Bozarth, "Trial, gun law mesh to create interest in neighborhood watch" July, 14 2013, the article notes that Jacksonville doesn't have any active neighborhood watches and their Police Chief, Tony Grootens, when commenting on alumni of the Police Citizen's Academy, expressed concerns about them with concealed carry permits carrying gun when doing things for the police department. "I think if they are doing something for the police department, they are not going to be carrying guns. If they are acting under authority or color of law, then we are liable for it." Zimmerman was acting under authority or color of law the night he shot Travon Martin. The law that recognizes the Neighborhood watch is the above Florida law. However, Zimmerman exceeded what little authority he had if, any. First, he wasn't authorized "to patrol" let alone have a gun while doing it as a neighborhood watch. Second, he made the mistake of profiling Martin. Martin wasn't doing anything suspicious. Even if the police had shown up sooner, the police would have had no probable cause to even approach Martin. Third, Zimmerman ran after Martin (after being instructed not to do so) which means he was probably the aggressor. Zimmerman at some point then shot Martin, who was unarmed. While all of this may be legal under Florida law, it is not legal under federal law if Zimmerman is acting under color of law. In this instance, since Zimmerman is a Neighborhood watch captain, and has received training and instruction from the Sanford Police Department. (although he violated everything mentioned in their pamphlets and instructions pertaining to Neighborhood watches) Zimmerman, in my opinion, was operating under color of law and the Florida "Stand Your Ground" law would have no bearing on a federal civil rights prosecution under this statute. Now, as to why the Obama justice department does not want to pursue this avenue is another issue.
Pierre Pullins, July 21, 2013
Indianapolis, IN
