1. 776.012 prohibits the use of deadly force.
2. 776.012 indicates that deadly force is justifyable to prevent imminent death or great bodily harm.
3. 776.041 prohibits the use of force (deadly or otherwise) when that person is the aggressor. “The justification described in the preceding sections of this chapter is not available to a person who…”
4. 776.041 further states that no right to use force is given to a “person who provokes the use of force against himself“.
5. 776.041 additionally indicates that Zimmerman needed to withdraw from the physical contact and indicate clearly that he wished to terminate the use of force.
Zimmerman didn’t terminate the use of force in this manner! He terminated the use of force by utilizing the single most deadly use of force he had available to him, his firearm! I’m beating a dead horse, but Zimmerman was the aggressor the moment he took a loaded firearm with him and tried to track down Martin. The instant he did this, he was no longer allowed to use the force provided for in 776.012. 776.041 specifically states this to be the case.
Honestly, the more I read these statutes, the more I see that Martin was justified in using whatever force he had available to him to protect from some strange stalker in the dark who was following him. I refer to the cell phone call where Martin discussed with his girlfriend some strange man following him (turned out to be Zimmerman).
I’ve included the statutes below.
776.012 Use of force in defense of person.–A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony
776.041 Use of force by aggressor.–The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.