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Feb-24-2015 21:41printcomments

Federal Officials Close Investigation into Death of Trayvon Martin

“Our decision not to pursue federal charges does not condone the shooting...”

George Zimmerman
George Zimmerman's mug shot, Seminole County.

(WASHINGTON, DC) - The Justice Department announced today that the independent federal investigation found insufficient evidence to pursue federal criminal civil rights charges against George Zimmerman for the fatal shooting of Trayvon Martin on Feb. 26, 2012, in Sanford, Florida.

Prosecutors from the Justice Department’s Civil Rights Division, officials from the FBI, and the Justice Department’s Community Relations Service met today with Martin’s family and their representatives to inform them of the findings of the investigation and the decision.

“The death of Trayvon Martin was a devastating tragedy. It shook an entire community, drew the attention of millions across the nation, and sparked a painful but necessary dialogue throughout the country,” said Attorney General Eric Holder.

“Though a comprehensive investigation found that the high standard for a federal hate crime prosecution cannot be met under the circumstances here, this young man’s premature death necessitates that we continue the dialogue and be unafraid of confronting the issues and tensions his passing brought to the surface. We, as a nation, must take concrete steps to ensure that such incidents do not occur in the future.”

Following the shooting, a team of some of the department’s most experienced civil rights prosecutors and FBI agents conducted a comprehensive, independent investigation of the events of Feb. 26, 2012.

The federal investigation was opened and conducted separately from the state of Florida’s investigation of the shooting under local laws. Once the state initiated the second-degree murder prosecution, federal investigators began monitoring the state’s case and halted active investigation in order not to interfere with the state’s trial.

Federal investigators provided reports of interviews and other evidence they obtained to the state’s prosecution team.

Shortly after Zimmerman’s acquittal in state court on July 13, 2013, federal investigators resumed active investigation.

Federal investigators reviewed all of the material and evidence generated by the state of Florida in connection with its investigation and prosecution of Zimmerman, including witness statements, crime scene evidence, cell phone data, ballistics reports, reconstruction analysis, medical and autopsy reports, depositions, and the trial record.

Federal investigators also independently conducted 75 witness interviews and obtained and reviewed the contents of relevant electronic devices.

The investigation included an examination of police reports and additional evidence that was generated related to encounters Zimmerman has had with law enforcement in Florida since the state trial acquittal. In addition, federal authorities retained an independent biomechanical expert who assessed Zimmerman’s descriptions of the struggle and the shooting.

The federal investigation sought to determine whether the evidence of the events that led to Martin’s death were sufficient to prove beyond a reasonable doubt that Zimmerman’s actions violated the federal criminal civil rights statutes, specifically Section 3631 of Title 42 of the U.S. Code or Section 249 of Title 18 of the U.S. Code, as well as other relevant federal criminal statutes.

Section 3631 criminalizes willfully using force or threat of force to interfere with a person’s federally protected housing rights on account of that person’s race or color. Section 249 criminalizes willfully causing bodily injury to a person because of that person’s actual or perceived race.

Courts define “willfully” to require proof that a defendant knew his acts were unlawful, and committed those acts in open defiance of the law. It is one of the highest standards of intent imposed by law.

The federal investigation examined whether Zimmerman violated civil rights statutes at any point during his interaction with Martin, from their initial encounter through the fatal shooting.

This included investigating whether there is evidence beyond a reasonable doubt that Zimmerman violated Section 3631 by approaching Martin in a threatening manner before the fatal shooting because of Martin’s race and because he was using the residential neighborhood.

Investigators also looked at whether there is evidence beyond a reasonable doubt that Zimmerman violated Section 3631 or Section 249, by using force against Martin either during their struggle or when shooting Martin, because of Martin’s race.

“Although the department has determined that this matter cannot be prosecuted federally, it is important to remember that this incident resulted in the tragic loss of a teenager’s life,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.

“Our decision not to pursue federal charges does not condone the shooting that resulted in the death of Trayvon Martin and is based solely on the high legal standard applicable to these cases.”

After a thorough and independent investigation into the facts surrounding the shooting, federal investigators determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of these statutes. Accordingly, the investigation into this incident has been closed.

This decision is limited strictly to the department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statutes; it does not reflect an assessment of any other aspect of the shooting.

The Justice Department is committed to investigations of allegations of bias-motivated violence and will continue to devote the resources required to ensure that allegations of civil rights violations are fully and completely investigated.

The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.

Source: FBI

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Anonymous March 31, 2015 9:54 am (Pacific time)

Well done.


Ralph E. Stone March 5, 2015 5:39 pm (Pacific time)

Consider that during the FBI's own investigation, agents interviewed Zimmerman's co-workers, neighbors, and other acquaintances, including his ex-fiancee, and found no evidence of racial bias. The FBI further reported that Zimmerman comes from a mixed-race family and does volunteer work helping underprivileged African-American children. Not only does he have black relatives, he has also donated his time tutoring black children. Finally, lead Sanford police detective Chris Serino told the FBI that race was not behind the shooting. Rather, Serino believed Zimmerman's action was based on Martin's attire, the total circumstances of the encounter, and the previous burglaries in the community. Serino described Zimmerman as overzealous and as having a "little hero complex," but not a racist. In effect, the FBI had already cleared Zimmerman of a hate crime based on racial bias or hatred. Given that there was no or conflicting evidence that Zimmerman had any intention of depriving Trayvon Martin of any cognizable federal right, it is not surprising that the DOJ declined to file a civil rights action against Zimmerman.

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