In January of every year we conduct our Deadly Force Law Seminar. If you own a gun for protection, you should know the law concerning self-defense. This short post is not intended to explain the law in its entirety, but is intended to inform and provoke thought. Remember, this is only part of the law, not the law in its entirety. The following is an excerpt of the law – IC 35-41-3-2 – Use of force to protect person or property. IC 35-41-3-2 Use of force to protect person or property (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary. Okay, there are several terms in this segment of the law that need to be explained, but we will address only one of them in this post. Do you know what is meant by “serious bodily injury” as seen in this subsection of the law above? Go back and read this subsection again and then try to describe what you think “serious bodily injury” legally means. Now, here is the legal definition of the term “serious bodily injury” in the State of Indiana. • IC 35-41-1-25 "Serious bodily injury" defined Sec. 25. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes: (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss or impairment of the function of a bodily member or organ; or (5) loss of a fetus. If George Zimmerman had shot Trayvon Martin in Southern Indiana, I believe that Zimmerman would not have been charged with a crime. Not because we are racists, but because we are not racists and our Prosecutors do their level best to follow the law, not try to make any group of people happy with their decisions. Briefly looking at what happened to Zimmerman, he was totally defenseless when Martin was sitting on top of his chest in what is referred to as a “full mount” position in mixed martial arts fighting. Zimmerman could not withdraw from the fight with Martin sitting on top of him and bashing Zimmerman’s head into the concrete. Zimmerman had already sustained a broken nose and this typically makes it difficult to breath (especially on your back as blood runs down your throat). Add to that, that Zimmerman was screaming over and over for help showed his indication that he wanted this fight to stop. But nevertheless, Martin continued to slam Zimmerman’s head into the concrete. Zimmerman told police officers that he thought he was about to lose consciousness when Martin saw Zimmerman’s gun in his waistband and Martin said, “You’re gonna die tonight!” Shortly after this, Zimmerman was able to grab his gun and fired one shot that struck Martin in the heart and ended the fight. So here is my question? List the things in this post that would show that Zimmerman was suffering or about to suffer serious bodily injury. This post is not about retrying Zimmerman, but it is intended educate you on what is and is not serious bodily injury as prescribed by Indiana law.
Posted on: Fri, 02 Aug 2013 19:30:42 +0000
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