Jurors in the will be allowed to consider at least one lesser charge — manslaughter — when they get the case after closing arguments, Judge Debra Nelson ruled Thursday.
Nelson will also consider enabling the jury to consider third-degree murder charges based upon child abuse, ratcheting up the possibilities that Zimmerman would be convicted of something. This, of course, enraged Zimmerman’s defense team. She hasn’t said when she will make her decision.
“Oh my God,” he told Nelson. “Just when I thought this case couldn’t get any more bizarre, the state is seeking third-degree murder based on child abuse.”
Prosecutors are seeking the additional charges to give jurors more options should they find Zimmerman didn’t commit second-degree murder when he killed Martin on February 26, 2012.
In arguing unsuccessfully against the manslaughter charge, West told Nelson that Zimmerman believes that because the “state has charged him with second-degree murder, they should be required to prove it, if they can.”
Closing arguments in the case were expected to begin Thursday afternoon, after attorneys finish arguing over legal points in the jury instructions — including decisions on explaining justifiable use of force and Florida’s controversial “Stand Your Ground” law.