Mary- I’m not saying he was an angel. ETA: to be clear, he put his hand on the plain clothes officer’s shoulder- hence the change. However, given the circumstances I would not describe it as a violent assault. If he and his friend were both lying/wrong about the police identifying themselves (I don’t know if there were other witnesses), than he did assault a police officer. But I wouldn’t agree he was ‘lucky the police officer didn’t shoot him.’ I would call into question an officer shooting under these circumstances.
But the circumstances do give some insight to what both the DA and the defense attorney in that case may have been thinking in doing the Alcohol Rehab. If there were no witnesses, it would come down to a he-said, he-said case for the prosecutor. Not a guarantee at all, particularly for someone with no record. If there are any witnesses confirming the police didn’t identify themselves, it’s a loser. With deferral, its something to hold over Zimmerman in the event of a future problem. And he closes a case quickly.
If your’e Zimmerman’s attorney, here’s the deal (assuming $300/hr for an ok, but not great attorney). If Zimmerman decides to fight it in court:
If you fight it, and you could lose:
- Initial meeting 1 hr 300
- Court representation prep 1 hr 300
- Court time initial hearing 2 hrs 600 (1 hr in court, 1hr travel time)
- Phone calls for preps 1 hr 300
- initial filing docs 100
- Preps for depositions 2hrs 600
- Depose Zs friend 2 hrs 600
- Depose two officers 4 hrs 1200
- secretary for deposition 300 (transcribe and write up)
- Private investigator locate witnesses 500
- Depose witnesses (assume 1) 600
- secretary for deposition 100
- Discovery analysis 4 hrs 1200
- Research precedent 1 hr 300
- Prepare motion to dismiss 300
- File motion 100
- Calls with client on case 2 hrs 600
- Analyse/respond to prosecution
opposition to dismissal 2 hrs 600
- Court hearing on motions 2 hrs 600
- Prep witnesses for court 4 hrs 1200
- Jury selection/court time
to hear case assume 8 hrs 2400
- In court for verdict 2 hrs 600
Total est to defend himself 14,400 (I’m not a lawyer, so anybody who is, feel free to chime in)
Now. Regardless of who’s telling the truth. (and they probably both are, maybe cops Id’d themselves but Z and friend didn’t hear it- not expecting it and focused on other things-- and attention capability impaired by alcohol).
So, you’re Z. The lawyer says- hey, DA has offered rehab and deferment, and will drop the charges. 1,200 for my time and no record. OR
you can fight it, ~14,400, with no guarantee on how the jury will see it.
What would you do?
It is you who keeps saying that he saw the gun and grabbed for it. You based this on the statement Z made. But Z said that he reached for the gun after he was on his back. You can’t accept part of a statement as true and dismiss the rest. You are the one who tries to make a scenario where TM is defending himself in spite of all the evidence that he was the aggressor.
Not a single witness, cop, attorney or ANYONE even suggested such a thing.