On Thursday, the judge presiding over the George Zimmerman trial ruled that jurors would be instructed to consider a lesser charge of manslaughter in addition to the second-degree murder charge Zimmerman is already facing.
It has not yet been decided whether an additional charge of third-degree murder will also be put on the table, according to a report from USA Today.
Zimmerman has pleaded not guilty to the murder of 17-year-old Trayvon Martin, an unarmed African-American boy he claims he shot in self-defense while he was fighting for his life.
With jurors expected to begin deliberation on the case Friday, some argue the state's last-minute adding of manslaughter charges shows prosecutors are not certain that they'll win a second-degree murder conviction.
According to a report from Fox News, Zimmerman's attorney Mark O'Mara told reporters on Wednesday that the jury's only option should be to deliberate on the second-degree murder charge. If the jury fails to convict Zimmerman on murder, then he should be acquitted, because his actions were unintentional in shooting Martin, as he shot in self-defense, said O'Mara.
"What George did was an intentional act that he know he was pulling the trigger, the reason why he did it was self-defense and that doesn't suggest the manslaughter charge would be approprirate," O'Mara said.
Jose Baez, a Florida criminal defense attorney told USA Today "[the prosecutors] aren't going to go all or nothing. They aren't blind to the fact that they haven't proven second-degree murder."
When reporters asked Daryl Parks, the attorney for Martin's family whether the prosecution had proved second-degree murder, he said "I think they either have it or they're very close, and I think that's why the law allows the lesser included offenses. At this point all we want is justice, and so we believe we're very close to getting that justice."
In Florida, second-degree murder carries the possibility of a life sentence. Manslaughter carries a prison sentence of up to 30 years.
Prosecutors are scheduled to present their closing statements for two hours on Thursday, beginning at 1:00 p.m. EST. Defense attorneys will be given three hours for closing statements on Friday, followed by an opportunity for the prosecution to present rebuttal statements for one hour.
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