Trayvon Martin, George Zimmerman's Defense, and Two More Potential "Stand Your Ground" Cases in Broward County

Categories: Crime
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​Florida's 2005 "stand your ground" law has gotten plenty of attention over the past month because of the Trayvon Martin shooting. But the case involving George Zimmerman is not the only "stand your ground" case that's come about since 2005 -- it's been cited in at least 130 cases, according to the Tampa Bay Times, including 37 in the past year and a half.

It's getting more popular -- and two more cases might have come up in Broward County in the past week alone.

The first happened in Fort Lauderdale on March 24. Two unnamed men, a 50-year-old and a 33-year-old, got in a fight on the 900 block of E. Las Olas Blvd. around 1 a.m., according to police. During the fight, the 50-year-old pulled out a gun and shot the other man in the chest -- he survived, but Fort Lauderdale Police spokesman Det. Travis Mandell said it's not clear whether charges will be filed because the investigation is still ongoing.

"Both parties are claiming that the other individual was the aggressor," Mandell said.

Fort Lauderdale attorney Michael Gottlieb said details surrounding the confrontation between Zimmerman and Martin -- as in the Fort Lauderdale shooting -- are crucial to the case. Was Zimmerman really on his way back to his car? Where was Martin coming from?

"The law is, if he believed that his life was being threatened, that he had a genuine fear of imminent bodily harm, then he had a right to defend himself," said Gottlieb, former president of the Broward Association of Criminal Defense Lawyers. But there's a caveat:

"You can't be the aggressor and claim self-defense," he said. "Who was following who? Who was the aggressor? That's the question that needs to be answered."

The other Broward case happened on March 25 -- police say 47-year-old Ciriaco Estrada was seen menacing a woman and her two young children with a piece of wood in their front yard. The woman's husband, 37-year-old Emiliano Arellano, then pulled up to the house with his two brothers and saw the situation going down.

The wood-wielding man "became very agitated when he told him he was going to call the police," according to the news release. And when Estrada "turned his aggression toward" the 5-year-old daughter, police say Arellano pulled out a handgun and killed Estrada with a single shot to the chest.

Arellano was questioned afterward but was not arrested, and a Broward Sheriff's Office spokeswoman said the decision to charge him with anything now rests with the State Attorney's Office.

"We have nothing in our SAO computer to show that we've had any involvement with this case at any level," wrote Broward State Attorney's Office spokesman Ron Ishoy in an email. "But it may be early yet."

Gottlieb said the case appeared to be a "perfect, clear-cut 'stand your ground' case."

"All that 'stand your ground' did was say you didn't have to retreat," Gottlieb said. "That's the whole point of the law -- you don't have to run away. And that's determined at the moment before the shooting."


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3 comments
Lizfishel
Lizfishel

One of the dumbest laws congress has passed               "STAND YOUR GROUND"

This has to be one of the dumbest things(passing the STAND your ground law)  congress has done and WE all know that they tend to do ALOT Of stupid, dumb, unnecessary things.  I'm so tired of them getting paid and passing this law and oh OOPS we need to come up with money for this damn program that we promised our state they would get so hey lets just make it even harder for the everyday worker to be able to live and cut out funding for healthcare programs for the less fortunate, or raise the limit of how much a family of 5 can make so that now they NO longer qualify for foodstamps. BUT hey ALL of our wonderful CONGRESSMAN, SENATORS, STATE REPRESENATIVES  ETC. NEVER EVER have to take a cut in pay ACTUALLY alot of them have gotten RAISES while we the COMMON FOLK work our asses off for the little bit that we do GET / HAVE.  

While WE pay for the breakfast and luches they  are delivered into them so that they can pass some stupid law or budget thing.   I mean WE do pay there SALARIES and they make DAMN good money and have the BEST healthcare benefitsavailable to them and there families.

COME ON PEOPLE WAKE UP.............NOTHING WILL EVER CHANGE wall streeters will keep getting richer and richer while the less fortunate barely get by. I mean we have CHILDREN in the richest country STARVING.  I mean these WALL STREETERs who became SUPER DUPER rich off of the HOUSING MARKET CRASH  KNOWINGLY committed crimes, KNOWINGLY bet against the housing crash BUT YET they WILL NEVER EVER be CONVICTED of ANY CRIMES they just get to live in the lap of luxury in there big beautiful homes all over the world while we the richest nation in the world lets our FUTURE leaders, PRESIDENTS, CONGRESSMAN, ETC STARVE go to bed HUNGERY.  OUR CHILDREN are falling asleep to their own hunger pains in there tummies not to the sound of there Mom or Dad reading them a bedtime story and there own Mother or Father CANNOT even offer them a glass of Milk to drink to stop the sounds of the hunger pains in there tummy because its not in there fridge because they do not have the money to buy it.  That is a sad statistic that 50+ years ago people never would of thought could happen to us the richest nation in the world. 

ENOUGH Of my blabbling sorry I got on a rant but its ALL TRUE.   So try to help out one another   Liz

night owl
night owl

las olas incident was "textbook"stand your ground.  the 50yr old father of 2 who was having dinner at mango's left the resturant. retreated westbound and informed the bully numerous times that he had a gun and to stop attacking him and his children.  he shot him ONLY after the bully, who was quite bigger and taller then him, attached him. 

FQS9000
FQS9000

It's jes so hard to be a punk these days in Florida.  The god damn victims are shooting back.  POWER TO THE PUNKS!!!!  Disarm the victims and make Florida safe for thugs.  Thugs are people too!!!!  How is a thug gonna make a living if the victims are armed and can shoot to kill.  It's retarded to think that a punk would take a cheap ass job away from a Mexican and stop mugging people.  Punks got dignity and deserve respect.

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