Zimmerman Crime Spree Continues [a black man could never get away this]: No Charges for Felony Threats
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From [HERE] George Zimmerman threatened to kill a driver during a road rage incident in Lake Mary and later showed up at the man's workplace, according to police.
The road rage incident happened Tuesday, Lake Mary police told Local 6, but the other driver declined to press charges, so Zimmerman was not arrested.
35-year-old Matthew Apperson called police after a truck pulled up next to him and the driver yelled, "Why are you pointing a finger at me?" Apperson pulled into the Circle K at 4410 W. Lake Mary Blvd. to call 911, according to police, who added that driver followed him into the parking lot but took off before police arrived.
Police spokeswoman Bianca Gillett said the man recognized the truck driver as Zimmerman. The man said Zimmerman, who was carrying a gun, asked, "Do you know who I am?" before saying, "I'll (f***ing) kill you." Two days later, Apperson said he saw Zimmerman in his truck outside his workplace. He called police but declined to press charges. [MORE]
Declined to press charges? Citizens don't charge people with crimes or "press charges" - and neither do police offiers. Prosecutors paper cases or "press charges" - no one else. Prosecutors have the discretion to charge people or not to charge them. They also have the power to decide what to charge and what kinds of plea offers to make. So once again, prosecutors declined to charge Zimmerman with an offense. Here for instance he could have been charged with misdemeanor or felony threats. For example, take a look at the D.C. Jury Instruction for felony threats. The penalty is not more than 20 years in jail [intended for non-whites].
- THREATENING TO KIDNAP OR INJURE A PERSON OR DAMAGE HIS PROPERTY (FELONY THREATS--D.C. CODE § 22-1810)
The elements of threats, each of which the government must prove beyond a reasonable doubt, are that:
1. [Name of defendant] [spoke words heard by] [wrote words in [a letter] [an email] received by] [otherwise communicated to] [name of recipient] [name of target] [another person];
2. The [words [name of defendant] spoke/wrote] [symbol [name of defendant] used] would cause a person reasonably to believe that [[s/he] [name of target] would be [kidnapped] [seriously 3 harmed]] [[his/her property] [name of target's property] would be damaged] [if [name of event] occurred]; and
3. [Name of defendant] intended [name of recipient] [name of target] to believe that [[s/he] [name of target] would be [kidnapped] [seriously harmed]] [[his/her property] [name of target's property] would be damaged] [if [name of event] occurred]. 4 The government is not required to prove that [name of defendant] intended to carry out the threat.
[It is not necessary that the intended victim actually heard the words, or learned about them.]
In considering whether the government has proved beyond a reasonable doubt that [name of defendant] threatened [name of target], you should consider all the evidence, including the circumstances under which the words were spoken/written; facial expression, body language, tone and inflection, punctuation, and other ways of giving words meaning; and the nature of the relationship between the parties.
