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Well, IANAL, nor am I familiar with Florida statutes. However, while this hypothetical, to my mind, seems to be first and foremost, an act of vigilantism, imho, I do think you could be looking at a hate crime due to the racial focus. Primarily bc he had no way of knowing Trayvon's background without taking him in for questioning and running a background check on him. Add to that, in this hypothetical, he generalizes the criminal element subset to all black youth, he has now targeted this young man based purely upon his perceived age and race. At which point, one could, imho, very well have foundation for a hate crime.Sorry to snip your excellent post. I hope everyone reads it in its entirety on page 1 of this thread.
But you hint at an interesting question: suppose hypothetically that one believes African-American teens have been committing burglaries in the neighborhood and then getting away because police response times are slow. And further suppose that GZ was fed up and decided that THIS AA teen wasn't getting away, not tonight, enough was enough.
Is that a HATE crime? It has a racial element, certainly, but the animus is directed at a small, CRIMINAL subset of black youths, not necessarily at African-Americans in general. Racism being a complicated impulse, one might well have close AA friends and simultaneously feel a deep resentment at black criminals who were robbing one's neighbors.
Or to put it more briefly, assuming the above, GZ shot TM because GZ believed TM was yet another black youth burglarizing nearby homes, NOT merely because TM was black. Still not self-defense, but is it a hate crime under Florida law?
That said, the primary reason I do not believe this was a hate crime, per se, is based upon the fact that his chronic calls ( link ) seem to be all over the place. That is, he's calling about kids, old people, men, women, caucasians, people of color, etcetera. While, imho, his 911 call ( link ) certainly exposes the racism aspect, I am of the opinion his issues, whatever they are, go well beyond racism. Otherwise put, had Trayvon been, say, an Asian youth, GZ would have, imho, used an Asian racial slur.