"These assholes. They always get away," Zimmerman told the dispatcher just before he killed Martin. By establishing evidence of an aggressive state of mind, by creating a vigilante-type motive on the part of Zimmerman, this statement arguably vitiates the language of the statute that permits the use of deadly force only when a person "reasonably believes it is necessary to do so to prevent death or great bodily harm." In other words, a prosecutor might tell Seminole County grand jurors, the "Stand Your Ground" provision is designed only to protect innocent bystanders left with no choice but to shoot.

Since the shooting, Zimmerman has said that he was attacked from behind by Martin. The Miami Herald reported that "Zimmerman said he had stepped out of his truck to check the name of the street he was on when Trayvon attacked him from behind as he walked back to his truck, police said. He said he feared for his life and fired the semiautomatic handgun he was licensed to carry because he feared for his life." If this story is true, if Martin attacked him from behind, Zimmerman likely would be shielded by the Florida law -- no matter how overzealous he had been before in chasing down a fleeing Martin.

Left: Reuters; Right: AP

THE CONFLICTS

But even if Zimmerman's story is true, it doesn't mean that grand jurors would be excused from evaluating whether his fear of Martin was reasonable at the time of the alleged "attack." The statute's test is an objective one, not a subjective one. So why did Zimmerman fear for his life from the smaller man? And what role did Zimmerman himself play in placing himself in a situation where he would feel that fear? Grand jurors certainly will be able to put themselves in Zimmerman's shoes and decide for themselves if they would have chased a fleeing Martin after being told not to by a police dispatcher. I know I wouldn't have done it. How about you?

If it were merely a matter of Zimmerman's word against Martin's word it's clear the former would prevail. That's why there are so many "justifiable homicides" in Florida -- dead men don't testify. But now we've learned that Martin evidently was speaking on a cellphone with his girlfriend at the time of the attack. This witness told ABC News that Martin was spooked by Zimmerman and tried to run away from him. So now there is a conflict between two living people -- Zimmerman and Martin's girlfriend. On the one hand, you have a young man carrying candy and ice tea, prosecutors might tell grand jurors, on the other hand, you have a vigilante with a weapon in his belt and a chip on his shoulder.

USA Today reported Tuesday some of the alleged details of Martin's last phone call -- based upon the comments of a lawyer representing the young woman whose testimony contradicts that of Zimmerman:

The lawyer, who took an affidavit from the girl, quotes the girl on the cellphone as saying that Trayvon was walking home from the store and had temporarily taken refuge from the rain. He then began walking again, when he tells her, according to Crump, "I think this dude is following me." "She tells him, 'Baby, be careful, just run home,' " Crump said. According to the girl, Trayvon says, "I think I lost him" then moments later says, "He is right behind me again. I'm not going to run, I'm going to walk fast." Crump said "she hears another voice, 'What are you doing around here?' Trayvon says, 'Why are you following me?' " At that point, according to the girl, Travyon is pushed and his voice changes.

This is the essence of this case. If grand jurors believe this story, there is no reason not to indict Zimmerman. And if trial jurors believe this story, it is likely that Zimmerman would be convicted of a crime. You can't "reasonably" be trying to avoid serious injury or death, you can't be doing something absolutely necessary to spare your own life, if you are at the same time chasing down the very person you claim to be deathly fearful of. Even under Florida's addled self-defense law, even under its most strident interpretation from its worst judge, such an explanation makes no sense.

Florida law permits scared residents to defend themselves with lethal force. But it does not permit residents to go looking for trouble.

We know from the 911 tapes what Zimmerman's motive might have been in going after Martin the way he did. But what would Martin's motive have been to attack Zimmerman, who was 11 years older and 100 pounds heavier than him? That's a question grand jurors will have to answer if and when they are confronted by the evident conflict between Zimmerman's story and the version offered by Martin's girlfriend. And it is here where the failings of the police investigation will likely deprive grand jurors of all the pertinent evidence and information they might have had, and should have had, in looking into this tragedy.