Homeowners Association Could Be Liable in Trayvon Martin’s Death

Posted April 16, 2012 in Current Events by Aaron Kas

One big question at stake in the trial of George Zimmerman for the killing of Trayvon Martin is whether Florida’s “Stand Your Ground” self-defense laws will shield Zimmerman from conviction, as well as subsequent civil action by Martin’s family. However, regardless of Zimmerman’s fate, the homeowners association in the gated community where Martin was killed could be liable for the teenager’s death.

• Zimmerman was the official watch captain for the neighborhood
• Questions abound about training and guidelines put forth by association
• Homeowners associations liable for incidents in their communities

Captain of the Guard

When George Zimmerman prowled through the neighborhood looking for suspicious people in The Retreat at Twin Lakes in central Florida, he wasn’t acting totally out of the blue. Zimmerman was officially identified as the captain of the neighborhood watch in a newsletter distributed by the community’s homeowners association. Homeowners with concerns were encouraged to contact Zimmerman “so he can be aware and help address the issue with other residents.”
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Shooting Focuses Attention on a Program That Seeks to Avoid Guns

THE NATIONAL SHERIFFS ASSOC.

SANFORD, Fla. — Last August, Wendy Dorival got a call about setting up a local neighborhood watch. As the volunteer coordinator for the Police Department here, she gets such calls regularly, and the city already had at least 10 active watch groups. So she thought nothing of this call, from George Zimmerman.

She set up a visit for the next month at the Retreat at Twin Lakes, a gated community that had been dealing with a string of burglaries. When 25 residents showed up, a decent turnout, she had the residents introduce themselves; after all, people join the groups to look out for each other. She then gave a PowerPoint presentation and distributed a handbook. As she always does, she emphasized what a neighborhood watch is — and what it is not.

In every presentation, “I go through what the rules and responsibilities are,” she said Thursday. The volunteers’ role, she said, is “being the eyes and ears” for the police, “not the vigilante.” Members of a neighborhood watch “are not supposed to confront anyone,” she said. “We get paid to get into harm’s way. You don’t do that. You just call them from the safety of your home or your vehicle.”

Using a gun in the neighborhood watch role would be out of the question, she said in an interview.

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A wide range of neighborhood watch organizations exist across the country. Some have patrols, while others like Sanford’s do not. But the National Sheriffs’ Association, which sponsors the program nationwide, is absolutely clear on one point: guns have no place in a watch group. A manual distributed by the association repeatedly underscores the point: “Patrol members do not carry weapons.”

The manual warns that watch members should “not attempt to apprehend a person committing a crime or to investigate a suspicious activity.” It should be emphasized to members of patrols, the materials state, that “they do not possess police power and they shall not carry weapons.” The consequences of not following the guidelines are severe, the manual states: “Each member is liable as an individual for civil and criminal charges should he exceed his authority.”

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Florida shooting renews debate over 'stand your ground' laws

A Florida law allows people to defend themselves
with violence in many situations.

By Michael Pearson, CNN

updated 9:22 PM EDT, Tue March 20, 2012

 

(CNN) -- In the months after the Florida Legislature passed a law in 2005 allowing residents to use deadly force to protect themselves no matter where they were, gun-control advocates plastered the state with fliers bearing warnings to tourists.

Be careful, the fliers said. Florida had become a "shoot first" state.

The issue has remained in the news, on and off, ever since, but perhaps never so much as now in the aftermath of the shooting death of an unarmed teen in Sanford, Florida.

A neighborhood watch volunteer, George Zimmerman, has claimed self-defense in the February 26 shooting of 17-year-old Trayvon Martin, who was killed while walking back to the house of his father's fiancee after a trip to a convenience store.

Lawyer: Phone records cut self-defense claim

Florida's "stand your ground" law appears to be central to the case.

The law allows people to use deadly force away from their homes -- where such force has long been allowed -- if they have reasonable fear an assailant could seriously harm them or someone else.

It also eliminates a longstanding "duty to retreat" in the face of imminent harm, asserting that would-be crime victims have the right to "stand their ground" and "meet force with force" when attacked as long as they are in a place they have a right to be, are not engaged in unlawful activity and believe that their life and safety was in danger.

It won with the strong endorsement of the National Rifle Association, or NRA, which at the time said it put the law "on the side of law-abiding citizens."

Justice Department, FBI to probe Florida teen's death

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