re: #1018 kirkspencer
Murder II also requires ill will and spite, both of which have been ruled in numerous cases cannot be formed in an instant but require time to form. Barring that, the best the State can hope for is manslaughter.
And if he had gun drawn either at the time of the confrontation or during it, why not shoot Martin immediately? Why did Martin say nothing about a gun being pointed at him? And how did Zimmerman succeed in avoiding dropping it when brought to the ground?