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Trayvon Martin's alleged attacker not covered under law I wrote

treyvon_martin

In this undated file family photo, Trayvon Martin poses for a family photo.AP/Martin Family Photos/File

The tragic story of Trayvon Martin's death in Sanford, Florida has ignited a great deal of passion and concern regarding the circumstances of his death and the defense applied by the attacker, George Zimmerman. The fact that Trayvon Martin unnecessarily lost his life is troubling and an investigation into the surrounding circumstances is certainly warranted.

First of all I'd like to extend my condolences to the Martin family. 

I have been in the funeral services profession for over 40 years; I've walked with families through many tragic circumstances and I know how difficult it is.

I would like to emphasize that the approach that is currently developing in this situation, to convene a grand jury, is the proper one in which to discern the facts of this case. I certainly agree with everyone that justice must be served.

During the debate concerning this incident, some have brought into question the "Stand Your Ground" law, more commonly referred to as the "castle doctrine," which has been used by the attacker to pardon his actions. 

As the prime sponsor of this legislation in the Florida House, I'd like to clarify that this law does not seem to be applicable to the tragedy that happened in Sanford. There is nothing in the castle doctrine as found in Florida statutes that authenticates or provides for the opportunity to pursue and confront individuals, it simply protects those who would be potential victims by allowing for force to be used in self-defense.

When the "stand your ground" or "castle doctrine" legislation passed in 2005, the catalytic event that brought the issue to the attention of the Florida Legislature was the looting of property in the aftermath of hurricanes. 

Specifically, there was a situation in the panhandle of Florida where a citizen moved an RV onto his property, to protect the remains of his home from being looted. One evening, a perpetrator broke into the RV and attacked the property owner. The property owner, acting in self-defense in his home, shot and killed the perpetrator. 

It was months before the property owner knew if he would be charged with a crime because of the lack of concrete definition in the statutes regarding self-defense and a perceived duty to retreat by the potential victim.

Until 2005, the castle doctrine had never been canonized into Florida law, but had been used with differing definition and application to the concept of self-defense. The focus of the law was to provide clear definition to acts of self-defense. 

The facets of the castle doctrine deal with using force to meet force as an act of self-defense when in your home, in your car, on your property, or anywhere you are legally able to be. The law also protects property owners and their homeowner's insurance from being wrongfully sued by perpetrators who claim to be harmed while committing a crime.

The castle doctrine as passed, clarified that individuals are lawfully able to defend themselves when attacked and there is no duty to retreat when an individual is attacked on their property. Since the passage of this law in Florida, 26 other states have implemented similar statues. 

Additionally, the American Legislative Exchange Council used the Florida version of the castle doctrine as model legislation for other states. 

Quite simply the castle doctrine is a good law which now protects individuals in a majority of states. However, the castle doctrine does not provide protection to individuals who seek to pursue and confront others, as is allegedly the case in the Trayvon Martin tragedy in Sanford.

The information that has been publicly reported concerning Trayvon Martin's death indicates that the castle doctrine may not be applicable to justify the actions of the attacker, Mr. Zimmerman. 

Media stories sharing the transcripts of the 911 tapes from the evening of the incident clearly show that Mr. Zimmerman was instructed by authorities to remain in his vehicle and to cease pursuit of Mr. Martin. George Zimmerman seems to have ignored the direction of the authorities and continued his pursuit of Mr. Martin. 

Mr. Zimmerman's unnecessary pursuit and confrontation of Trayvon Martin elevated the prospect of a violent episode and does not seem to be an act of self-defense as defined by the castle doctrine. There is no protection in the "Stand Your Ground" law for anyone who pursues and confronts people.

I have great sympathy for the family of Trayvon Martin and am grateful that things are finally moving in the right direction to further explore what actually happened on that night in Sanford, Florida. Awaiting the convening of the grand jury, I trust that justice will be served and healing will begin for all of those affected.

Republican Dennis Baxley represents the 24th district in Florida's House of Representatives. He was the prime sponsor of the "Stand Your Ground" law in 2005. He is the principal owner and vice president of Hiers-Baxley Funeral Services.