Shooter Accused of Racism in Case

Story first appeared in The Huffington Post.

MIAMI - The U.S. Justice Department could bring a hate crime charge against the shooter in the killing of a black Florida teenager if there is sufficient evidence the slaying was motivated by racial bias and not simply a fight that spiraled out of control, Civil Rights Lawyers in Coral Gables say.

So far, only one such clue has surfaced publicly against the neighborhood watch captain who fatally shot the 17-year-old teen on Feb. 26 in the central Florida town of Sanford. On one of his 911 calls to police that night, the watch captain muttered something under his breath that some listeners say sounds like a racial slur. His father is white, and his mother is Hispanic.

Others, however, say the recording is not clear enough to determine what was actually said. And many experts say more evidence would be needed that he harbored racial prejudice against black people and went after the teen for that reason alone. There had previously been burglaries in the complex committed by young black males, possibly heightening suspicions when he spotted the teen.

The shooter's parents, in a letter to a local newspaper, insisted their son is not a racist, and several black residents of the neighborhood where the teen was shot have only good things to say about him. He has not been charged with any crime and is claiming self-defense under Florida's "Stand Your Ground" law, which eliminated a person's duty to retreat when threatened with serious bodily harm or death. He claims the teen attacked him as he was walking back to his truck, according to police.

Those "Stand Your Ground" laws, in place in about two dozen states, have come under increasing scrutiny. A U.S. Senator on Sunday sent a letter to the U.S. Attorney General asking for a federal investigation into whether killings are going unprosecuted because the laws put too much of a burden on local authorities.

The teen's parents and hundreds of supporters say the shooter should have been immediately arrested and charged with the youth's killing, but local police say they have little evidence to disprove his self-defense claim. A grand jury will be convened April 10 to consider whether to bring state charges, which could include second-degree murder or manslaughter.


After receiving a no-confidence vote from the city commission, the Police Chief announced last week he was temporarily stepping aside from his post. The city manager said officials want the case to be resolved fairly.

A Civil rights activist who has been appearing at rallies with the teen's parents to call for an arrest, said the Justice Department should investigate the case as a hate crime.

The Justice Department's civil rights division and the FBI are conducting their own probe in the case, and a federal hate crimes charge could come out of that no matter what state authorities do. The hate crimes law carries a potential life prison sentence when a death is involved.

One key is determining whether the teen's race alone was the reason the shooter decided to follow him in his vehicle. The teen, who was from Miami, was staying in the neighborhood with his father and father's fiancée and was returning from a convenience store with Skittles and a can of iced tea when the confrontation took place. He was not armed.

If the shooter were a police officer or a government official, he could be prosecuted by the Justice Department for using his official authority to violate the teen's civil rights. That was the case made against Los Angeles police officers who had been acquitted in state court of a beating which sparked huge riots. Two of the four officers were eventually convicted of federal civil rights violations.

But the shooter was a volunteer watch captain, and even though he had a permit to carry his Kel Tek 9mm semiautomatic handgun, he didn't have any official law enforcement or government authority.

Another possibility is an investigation of the Sanford Police Department itself, including questions about whether any evidence was destroyed or covered up, or whether there has been a pattern of problems involving black people. City officials insist they did an appropriate and thorough investigation, but if such violations occurred federal prosecutors could bring civil rights conspiracy charges against anyone responsible. Bonaparte did acknowledge last week that the police department has had issues with the city's African-American residents.

For instance, in 2010, it took a month for investigators to arrest and charge the son of a police lieutenant who was accused of knocking out a homeless black man. The attack was captured on video.

Ultimately, much depends on the results of the state grand jury investigation. If the shooter ultimately is charged in the teen's death, the Justice Department may not bring its own separate case depending on the outcome of any trial.

For more law related news, visit the Nation of Law blog.