State of Florida vs. George Zimmerman: Affidavit of probable cause




Before me, personally appeared T.C. O’Steen and K.D. Gilbreath, who after being duly sworn; deposes and says:

Your affiants, Investigators T.C. O’Steen, and Dale Gilbreath are members of the State Attorney Office – Fourth Judicial Circuit appointed in the case by State Attorney Angela B. Corey, who was assigned in the case under Executive Order of the Governor 12-72.

Investigator O’Steen was previously employed by the Jacksonville Sheriff’s Office, and has 35 years of law enforcement experience, including 20 years handling homicide investigations. Investigator Gilbreath was previously employed by the Jacksonville, Sheriff’s Office, and has 36 years of law enforcement experience, including 24 years handling homicide investigations.

Your affiants, along with other law enforcement officials have taken sworn statements from witnesses, spoken with law enforcement officers who have provided sworn testimony in reports, reviewed other reports, recorded statements, phone records, recorded calls to police, photographs, videos and other documents in detailing the following:

On Sunday, 2/26/12, Trayvon Martin was temporarily living at the Retreat at Twin lakes, a gated community in Sanford, Seminole County, Florida. That evening Marin walked to a nearby 7-11 store where he purchased a can of iced tea and a bag of skittles, Martin then walked back to entered the gated community and was on his way back to the townhouse where he was living when he was profiled by George Zimmerman. Martin was unarmed and was not committing a crime.

Zimmerman who also lived in the gated community, and was driving his vehicle observed Martin and assumed Martin was a criminal. Zimmerman felt Martin did not belong in the gated community and called the police. Zimmerman spoke to the dispatcher and asked for an officer to respond because Zimmerman perceived that Martine was acting suspicious. The police dispatcher informed Zimmerman that an officer was on the way and to wait for the officer.

During the recorded call Zimmerman made reference to people he felt had committed and gotten away with break-ins in his neighborhood. Later while talking about Martin, Zimmerman stated “these assholes, they always get away” and also said “these fucking punks”.

During this time, Martin was on the phone with a friend and described to her what was happening. The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn’t know why. Martin attempted to run home but was followed by Zimmerman who didn’t want the person he falsely assumed was going to commit a crime to get away before the police arrived. Zimmerman got out of his vehicle and followed Martin. When the police dispatcher realized Zimmerman’s was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to his home.

Zimmerman confronted Martin and a struggle ensued. Witnesses heard people arguing and what sounded like a struggle. During this time period witnesses heard numerous called for help and some of these were recorded in 911 calls to police. Trayvon Martin’s mother has reviewed the 911 calls and identified the voice crying for help as Trayvon martin’s voice.

Zimmerman shot Martin in the chest. When police arrived Zimmerman admitted shooting Martin. Officers recovered a gun from a holster inside Zimmerman’s waistband. A fired casing that was recovered at the scene was determined to have been fired from the firearm.

Assistant Medical Examiner Dr. Bao Performed an autopsy and determined that Martin died from the gunshot wound.

The facts mentioned in this affidavit are not a complete recitation of all the pertinent facts and evidence in the case but only are presented for a determination of Probable Cause for Second Degree Murder.

By: Investigator T.C. O’Steen, Affiant
By: Investigator Dale Gilbreath, Affiant

Sworn to and subscribed before me
This 11th day of April, 2012
Jennifer Weigel
Notary Public, State of Florida at Large


By phoebe53 Posted in Crime

16 comments on “State of Florida vs. George Zimmerman: Affidavit of probable cause

  1. This thrown together incomplete affidavit , is proof that during an election year elected officials do cave to pressure from the media and protesters to file charges on its citizens without good probable cause. According to calls to the dispatch and witness testimony, that has been published, they drew this up with false statements and, if there is profiling, it would be coming from all the people protesting and signing petitions. If they had their way they would hang Zimmerman without a trial.

    You know my heart goes out to the family of the young man that was shot, but it also goes to Mr. Zimmerman and his family. He will never get a fair shake, they will prosecute him and convict him just to satisfy the public and give them what they think is justice.

    How come when its someone they consider to be white and they have a confrontation with a black its made so public and called racist and profiling, but how come when two black men beat a white man almost to death in the same county it’s all low profile? Now I’m far from racist, but why is it that white folks never make a big deal of other races of people coming against them but blacks always turn it into racism?

    I’m not prejudice against skin color but I am prejudice against sorry allegations and always stirring the racist pot. I’m aware that there are still a few ignorant whites that are racist, but there are a lot fewer than its made out to be.

    There is not anyone alive now that has ever owned slaves and anymore people are people, we are all equal in Gods eyes , so let it go please, if people would , not point fingers and stir up the racism it would eventually not be an issue any longer, thanks for helping promote peace.

    (Edited by admin: No words were changed just edited for readability.)

    • I also believe the affidavit was amateurish and leads me to believe that the charges are just to appease the Martin family. I also think that such flimsy evidence is why the State Prosecutor didn’t want a Grand Jury, she knew he would not be indicted.

      You ask why white’s don’t get their panties in a wad over a white person being shot by blacks, it’s simple, it’s the same reason white’s don’t riot, they are self involved and if it doesn’t affect them directly then they ignore it.

      Unlike whites, blacks take advantage of any situation they can. If a black kid getting killed gets attention from the likes of Sharpton and Jackson then they take that as an opportunity to riot, loot, plunder under the guise of caring about the dearly departed.

      • Phoebe, you have no idea what black people think . I think you’re an idiot, but that does not make it true(to you and Your kind). Black people have watching white people kill us off since slavery and do nothing about it. BUT NOW, that crap will never happen, as much as people like you may hate that. So now when we see racial injustice we stand up. I hate that my people riot but can you imagine the hate and anger? I wish they’d riot in you people’s neighborhood .

      • @ Nate Cofer…you said; ” I wish they’d riot in you people’s neighborhood .”

        Well, all I can say is bring it on. I got something for anyone stupid enough to try to riot in my neighborhood.

        Don’t be stupid dude, ( not that you are)…white people donate more money to Al Sharpton and others of his ilk to keep promoting racial hatred than Black people do by far. Mostly Liberals, I wonder why that is?

        Could it be because the progressive left in reality just wants to keep you a slave to the entitlement mentality instead of giving you the means to get on your feet and off the government dole? Think about it.

      • @Nathaniel Of course I have an idea of what black people think and whites too, their actions and words are all telling.

        Take for example the LA riots, blacks destroyed their own neighborhood, they looted, rioted, pillaged and burned down black owned businesses, put many blacks out of work and for what, because they were angry. Angry at who? Obviously themselves. Even animals know enough not to shit where they sleep, maybe those angry black people who took advantage of a situation should think about that.

        In interviews they boldly admitted to looting and burning, some even stupid enough to give their names. There weren’t just a handful of rebel rousers, they were numbered in the hundreds, even bringing along their children to help loot, now that’s an example you want to set for your children. We all sit back and wonder why the last couple of generations are the way they are, there’s your answer.

        They even severely injured innocent white people, yes, most of us are innocent, we had nothing to do with slavery and don’t owe any damn reparations to anyone. If you want to be angry at someone, be angry at the system and at your fellow black people who don’t instill values in their children, who don’t strive for anything better than to be a welfare entitlement burden on society. Be angry at the Al Sharpton’s and the Jesse Jackson’s who never have worked an honest job but have found a scam that provides for them quite nicely. Be angry at the black panther’s who, along with Sharpton, Jackson and Jeremiah Wright, do nothing more than to keep this hatred going. Be angry at Barack Obama who has racially divided this country by interjecting himself into local law enforcement issues where blacks are concerned and allows his Attorney General to cater to blacks that shows them that under this administration they don’t have to worry about repuccussions.

        Want to riot in my neighborhood, that would at least make slightly more sense then rioting in your own neighborhood, but unfortunately, it won’t turn out good for blacks, that would be the quickest way to cull the herd and you know it.

        Now tell me when and under what circumstances that whites have killed off blacks in this country since slavery, I must have missed that.

        Tell me something else, where’s the black outrage at black on black crime? Where’s your outrage at black on white crime as in the young couple that were tortured, raped and murdered by 5 blacks in Tennesee? C’mon now, you’re dishing it out, show me you can take it.

        By the way, I have been supportive of Zimmerman being charged although I believe he was overcharged.

  2. Kurt, I believe you are right. I really do not believe that Zimmerman will get a fair trial and it’s sad that a man of the cloth (Al Sharpton) would incite hatred, judgment and threats he seems very un-christian like to me and this is a sad day when petitions are used to bring a man who has to deal with killing a man for the rest of his life to be arrested but yet many American can cretae petitions to remove all those politicians from office who are bringing harm to this country, but what makes me sad is that celebrities are always involved, many people look up to these people but yet never realize that their influence make a difference – My prayer is that God has total control and influences all involved in the Court Proceedings (where the jury sees through God’s eyes instead of man’s lies). This saddens me that we judge before the trial even begun and ended but I also believe that for all people who kill (even using the self-defense excuse) should all be arrested. But there are many out there who have been freed due to self-defense. Laws need to change definitely!!

    • “I also believe that for all people who kill (even using the self-defense excuse) should all be arrested. But there are many out there who have been freed due to self-defense. Laws need to change definitely!!”

      Spoken like a true brainwashed liberal.

      So what you’re saying is, people don’t have a right to defend themselves?

      • “So what you’re saying is, people don’t have a right to defend themselves?” Not if it involves MURDER, accident or not. If you know that you could be killed walk away if you can like Trayvon had that opportunity to go to a near by home, to call 911 especially if he felt his life in danger but did he? And Zimmerman could have wounded Trayvon instead and when you kill someone you put your own sanity at risk because you have to live with what you did for the rest of your life, asking questions how could you have done things differently but can never get that chance. Trials are for the jury to decide and if you do not want to pay the price then don’t put yourself where self-defense will be an issue. As far as me being a Liberal, NO, I am NOT – I believe in the Ten Commmandments and when God says THOU SHALT NOT KILL then that is what law should be, it my belief that speaks not a bloody American Constitution where man defies God. If I am anything I am more REPUBLICAN because I believe that the Wealthy are being used to fund the wasteful spending of the government and the middle class people spend money exactly like the government and I have NO SYMPATHY for people who spend more than they get in income and always blames the other guy! If you don’t have a job then create one yourself!! Stop depending on the Government to pay your way!! Get off you duff and work harder!!

  3. I believe in the Ten Commandments, The Ten Commandments were rules for good Christians to live by and the “Thou shall not kill” commandment was for us not to kill anyone in cold blood. I also believe that God gave us the good sense not to stand there and let someone kill us. The right to kill in self defense and war is advanced throughout the Bible.

    By law, I have no duty to retreat when someone threatens to harm me. If I don’t stop that bad guy from killing me then he will continue to kill others, do you want that on your conscience?

    I have a sign on my property that says, “My neighbors don’t believe in guns and I promise not to use my gun to protect them”. I’ll just send any would be home invaders to your house.

    It sounds to me like, on one hand you’re blaming Zimmerman for shooting and then turn around and blaming Martin for not running, which is it?

    This is not just directed to you but to everyone, USE PARAGRAPHS, it’s annoying trying to read comments where all the sentences run together, it also takes away from any points you’re trying to make.

    • Look I am using my personal experiences of my being harassed and staked in my life and as a soul I am just trying to get all the facts about the Zimmerman/Martin case.

      How can I judge whether or not Zimmerman is guilty when a trial has not even begun but the entire country believes he should be convicted?

      I tried to show my innocence and people believe what they will and is it worth it when it goes on deaf ears, I was also attacked physically by my nephew and yes, he was violent but I also know that if I did not engage with him if he attacked me and harmed me severely then it would be his fault and yes, I do blame Trayvon for him being attacked cause he put himself in a situation that took his life so both parties are guilty.

      But it’s NOT fair that one self-defense case where a person is NOT arrested gets released after questioning while another who used the self-defense excuse is arrested, it’s just not fair and to avoid situations like Al Sharpton and Jesse Jackson created with this witch hunt isn’t it better to arrest all who claim self-defense to avoid another mess that Sharpton/Jackson created?

      We all have to work for peace and yes, I do believe that Sharpton/Jackson forced through public humiliation for Zimmerman to be in jail but as I said I want fairness to avoid this kind of result surely you can’t argue on that?

      This country is not America anymore but what the Democrats have created a country where everyone is responsible for everyone instead of what the forefathers wanted INDEPENDENCE. I am so sorry that I confused you but I am so sick of what the media has done with this case and that everyone has convicted this Zimmerman guy before he even went to trial.

      And as far as God is concerned if you have 100% complete trust in him you could do absolutely nothing and never be harmed especially if someone wants to murder you, that is how strong in faith I am! That God helps those who help themselves, maybe by my trusting in God is helping myself, enough faith to allow God total control!! 🙂

  4. The very part is that Trayvon is not here to tell his side of the story. The Zimmerman family is making him out to be some kind of monster. Sadly, the only side of the story we will hear is the Zimmerman side. There are 3 sides to this story, George Zimmerman’s side (which will be heard by the entire worls), Trayvon Martin’s side (which we will not hear) and the truth…

  5. The Zimmerman family is not trying to make him out to be some kind of monster, the media is. Granted the kid wasn’t an angel and probably another teenage punk but it has no bearing on this case because he was not doing anything illegal.

  6. Regarding the LA riots which I experienced. Not only did the riots happen in black neighborhoods it impacted to whole city. LAX was shut down, flights were cancelled for three days or more. The smoke from the fires that were set stopped airplanes from taking off and landing. Beverly Hills was a ghost town. The whole area was shut down. The LA area suffered financially all over. So the LA riots did have a tremendous impact so much so I can compare it to the 94 earthquake where no one left their homes for days.All neighborhoods, rich, middleclass and poor were all shut down.
    The riots had a tremendous impact. A point was made. No justice meant no peace.

  7. The truth is that Mr. Zimmerman could have avoided all this had he FOLLOWED THE ORDERS OF THE POLICE DEPT. AND STAYED IN HIS CAR. I have no sympathy for him and neither should you.

    • Zimmerman was going back to his car as per the instructions of the 911 dispatcher when he was jumped by Martin. Maybe if Martin wasn’t so hopped up on “Drank”, he might still be alive today.

  8. For the love of God, tell me this affidavit is fake. Trayvon Martin is spelled differently so many times, it’s quite annoying. The grammar and spelling in this is horrendous. If anybody presented this affidavit to me, I would slap the shit out of them.

    Whoever wrote this, is a complete moron.

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