George Zimmerman Trial: Jury Can Consider Lesser Charge of Manslaughter

Updated
George Zimmerman, Don West
George Zimmerman, Don West

SANFORD, Fla. -- A judge said Thursday that jurors in the George Zimmerman case can consider the lesser charge of manslaughter, but she delayed ruling on whether they may also consider third-degree murder after defense attorneys called the proposal "outrageous."

Prosecutor Richard Mantei argued that instructions for third-degree murder should be included on the premise that Zimmerman committed child abuse when he fatally shot 17-year-old Trayvon Martin because Martin was underage.

But defense attorney Don West called the proposed instruction "a trick," and he accused the prosecutor of springing it on the defense at the last minute.

"Just when I didn't think this case could get any more bizarre, the state is alleging child abuse?" West said. "This is outrageous. It's outrageous the state would seek to do this at this time."

Judge Debra Nelson says she will rule on the proposal later. The judge, however, agreed with the prosecution that jurors could consider manslaughter as a lesser charge.

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West said he wanted the six jurors to only consider the second-degree murder charge or not guilty.

"The state has charged him with second degree murder. They should be required to prove it," West said. "If they had wanted to charge him with manslaughter ... they could do that."

SANFORD, FL - JULY 02:  George Zimmerman (R) with his attorneys, Mark O'Mara (left), and Don West, watch as the jury enters the courtroom on the 17th day of Zimmerman's trial in Seminole circuit court July 2, 2013 in Sanford, Florida.  Zimmerman is charged with second-degree murder for the February 2012 shooting death of 17-year-old Trayvon Martin.  (Photo by Joe Burbank-Pool/Getty Images)

Jurors could begin deliberating as early as Friday. Prosecutors were expected to give closing arguments Thursday afternoon, followed by the defense closing on Friday morning.

SANFORD, FL - JUNE 28:  State evidence photos, including various photos of George Zimmerman on the night of the Trayvon Martin shooting, are projected in court during the 15th day of Zimmerman's murder trial in Seminole circuit court June 28, 2013 in Sanford, Florida.  Zimmerman is charged with second-degree murder for the February 2012 shooting death of 17-year-old Trayvon Martin.  (Photo by Joe Burbank-Pool/Getty Images)


Justify:

Zimmerman observed Martin while driving in his neighborhood, called police and the fight ensued after the neighborhood watch volunteer got out of his vehicle. Zimmerman claims Martin was slamming his head into the concrete pavement when he fired his gun.

Some civil rights activists argued that a delay in charging Zimmerman was influenced by Martin's race, and protests were held around the nation in the 44 days between the fatal fight and Zimmerman's arrest. Martin was black and Zimmerman identifies himself as Hispanic.

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