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George Zimmerman trial coverageJuly 16, 2013|By Rene Stutzman, Orlando Sentinel

If Trayvon Martin's parents file a lawsuit against George Zimmerman, they face a huge obstacle: Florida's "stand your ground" law.

That much-debated statute provides immunity not just against criminal charges but also against civil suits.

Benjamin Crump, an attorney for Trayvon's parents, would not say Tuesday what their plans are.

"We're not even thinking about it right now," he said. Parents Tracy Martin and Sybrina Fulton "are still trying to deal with the tragedy of this verdict."

But on Feb. 22 — months before the criminal trial — Crump attorney Bruce Blackwell told Circuit Judge Debra S. Nelson that the family intends to sue. Its lawsuit would most likely be a wrongful-death claim or one alleging negligence.

Central Florida defense attorneys said Tuesday that just because Zimmerman was acquitted, that does not mean he won't be sued, but it does indicate the evidence weighs in his favor.

If Zimmerman is sued in this case, a judge would determine whether "stand your ground" applies. If the judge rules it does, Zimmerman would be released from liability. If the judge rules against that claim, the case would be tried before a jury.

Moments after Zimmerman was found not guilty, defense attorney Mark O'Mara said, "If someone believes it's appropriate to sue George Zimmerman, then we will seek and we will get immunity in a civil hearing, and we will see just how many civil lawsuits will be spawned by this fiasco."

That was a reference to a "stand your ground" hearing, one not yet held in this case.

Although O'Mara said shortly after the shooting that Zimmerman would challenge his criminal prosecution under that statute, defense attorneys ran out of time and opted to simply take the case to a jury.

The statute, enacted in Florida in 2005, provides criminal and civil immunity to anyone who uses deadly force if he has a reasonable fear of imminent death or great bodily injury.

O'Mara contends his client did, that he shot Trayvon on Feb. 26, 2012, in Sanford after the Miami Gardens teenager knocked him to the ground with a punch that broke his nose, then climbed on top and began banging his head against a sidewalk.

Zimmerman told Sanford police that he killed Trayvon in self-defense.

There have been no appellate cases in Florida that spell out how civil-trial courts should handle such claims, according to several Central Florida attorneys.

That makes predicting an outcome dicey, they said.

To win a "stand your ground" claim in a criminal or civil case, a defendant must show by a preponderance of evidence — more than 50 percent — that he had a reasonable fear of being killed or gravely injured, said Robert Buonauro, an Orlando attorney who has handled three "stand your ground" criminal cases.

I think it's a harder defense to use in a civil case," he said.

Winter Springs attorney Andrew Chmelir, who has handled but lost one criminal "stand your ground" case, said it's impossible to predict the outcome of such a claim in a Zimmerman civil case.

If a judge concludes that Zimmerman is not credible — prosecutors accused him of creating a "tangled web of lies" — he or she could rule against him and send the case to a jury.

Still, he said of Trayvon's parents, "They're going to have an uphill battle."

Retired Circuit Judge O.H. Eaton Jr., who served in Sanford for 24 years, pointed out that if Trayvon's parents sue then lose a "stand your ground" hearing, they could wind up paying Zimmerman.

The statute provides that anyone who prevails in a civil "stand your ground" hearing may collect attorney fees, court costs, expenses and compensation for lost income.



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Fair play!