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Zimmerman jury gets manslaughter charge option

SANFORD, Fla. -- In a setback for George Zimmerman, the jury at the neighborhood watch captain's second-degree murder trial was given the option Thursday of convicting him on the lesser charge of manslaughter in the shooting of 17-year-old Trayvon Martin.

Judge Debra Nelson issued her ruling shortly before a prosecutor delivered a closing argument that portrayed the defendant as an aspiring police officer who assumed Martin was up to no good and took the law into his own hands.

"A teenager is dead. He is dead through no fault of his own," prosecutor Bernie de la Rionda told the jurors. "He is dead because a man made assumptions. . . . Unfortunately because his assumptions were wrong, Trayvon Benjamin Martin no longer walks this Earth."

Because of the judge's ruling, the six jurors will have three options when they start deliberations as early as today: guilty of second-degree murder, guilty of manslaughter, or not guilty.

Zimmerman attorney Don West had argued to the judge that the only charge the jury should consider is second-degree murder.

"The state has charged him with second-degree murder. They should be required to prove it," West said. "If they had wanted to charge him with manslaughter . . . they could do that."

To win a second-degree murder conviction, prosecutors must prove Zimmerman showed ill will, hatred or spite, a burden the defense has argued the state failed to meet. To get a manslaughter conviction, prosecutors must show only that Zimmerman killed without lawful justification.

Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaughter could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.

Zimmerman, 29, got into a scuffle with Martin after spotting the teen while driving through his gated town house complex on a rainy night in February 2012. Zimmerman has claimed he fired in self-defense after Martin sucker-punched him and began slamming his head into the pavement. Prosecutors have disputed his account and portrayed him as the aggressor.

During closing arguments, de la Rionda argued that Zimmerman showed ill will and hatred when he whispered profanities to a police dispatcher over his cellphone while following Martin through the neighborhood. He said Zimmerman "profiled" the teenager as a criminal.

"He assumed Trayvon Martin was a criminal," de la Rionda said. "That is why we are here."

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