Zimmerman Trial: Evidentiary Flashback: Affidavit for Probable Cause–Count the untruths

George Zimmerman was arrested, charged, and soon will be tried for murder in the second degree based upon the affidavit for probable cause submitted by investigators from Angela Corey’s office.  These two investigators, T.C. O’Steen and K.D. “Dale” Gilbreath, at the time collectively possessing 44 years of law enforcement including decades in homicides, put down on paper and under oath the words contained in this affidavit.
Reading it now, with so much evidence finally revealed through discovery, and so much disinformation and propaganda now having been de-bunked, it is amazing that anyone could have believed the deceptions and untruths contained in this document.

I have my own count, but I’m sure I must have missed some.  How about we play a count the “half-truths/un-truths” game and see how many you folks can identify and list.

Bonus points who can find in this affidavit, even assuming every word in it is true, the elements of murder in the second degree–782.04(2). .Murder–gets bonus points, because I sure can’t find them.  Not even if the affidavit is true.  Which it’s not.

(I’ve transcribed a copy of the document below for easy reading, but at the bottom of this post is a link to a PDF of the original affidavit.)

Good luck!






Before me, personally appeared T.C. O’Steen and K.D. Gilbreath, who after being duly sworn; deposes and says;

Your affiants, Investigators T.C. O’Steen, and Dale Gilbreath are members of the State Attorney Office-Fourth Judicial Circuit, appointed in this case by State Attonrey Angela B. Corey, who was assigned this case under Executive Order of the Governor 12-71.

Investigator O’Steen was previously employed by the Jacksonville Sheriff’s Office, and has 35 years of law enforcement experience, including 20 years handling homicide investigations.  Investigator Gilbreath was previously employed by the Jacksonville Sheriff’s Office, and has 36 years of law enforcement experience, including 24 years handling homicide investigations.

On Sunday 2/26/12, Trayvon Martin was temporarily living at the Retreat at Twin Lakes, a gated community in Sanford, Seminole County, Florida.  That evening martin walked to a nearby 7-11 store where he purchased a can of iced tea and a bag of skittles.  Martin then walked back to and entered the gated community and was on his way back to the townhouse where he was living when he was profiled by George Zimmerman.  Martin was unarmed and was not committing a crime.

Zimmerman who also lived in the gated community, and was driving his vehicle observed Martin and assumed Martin was a criminal.  Zimmerman felt Martin did not belong in the gated community and called the police.  Zimmerman spoke to the dispatcher and asked for an officer to respond because Zimmerman perceived that Martin was acting suspicious.  The police dispatcher informed Zimmerman that n officer was on the way and to wait for the officer.

During the recorded call Zimmerman made reference to people he felt had committed and gotten away with break-ins in his neighborhood.  Later, while talking about Martin, Zimmerman stated, “these assholes, they always get away” and also said “these fucking punks.”

During this time, Martin was on the phone with a friend and described to her what was happening.  The witness advised that Martin was sacred because he was being followed through the complex by an unknown male and didn’t know why.  Martin attempted to run home but was followed by Zimmerman who didn’t want the person he falsely assumed was going to commit a crime to get away before the police arrived. Zimmerman got out of his vehicle and followed Martin.  When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him.  Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to his home.

Zimmerman confronted Martin and a struggle ensued.  Witnesses heard people arguing and what sounded like a struggle.  During this time period witnesses heard numerous calls for help and some of these were recorded in 911 calls to police.  Taryvon Martin’s mother has reviewed the 911 calls and identified the voice crying for help as Trayvon Martin’s voice.

Zimmerman shot Marting in the chest.  When police arrived Zimmerman dmitted shooting Martin.  Officers recovered a gun from a holster inside Zimmerman’s waistband.  A fired casing that was recovered at the scene was determined to have been fired from the firearm.

Assistant Medical Examiner Dr. Bao performed an autopsy and dtermined that Martin died from the gunshot wound.


The facts mentioned in this Affidavit are not a complete recitatoin of all the pertinent facts and evidence in this case but only are presented for a determination of Probable Cause for Second Degree Murder.

By: _______________________

Investigator T.C.O’Steen, Affiant

By: _______________________

Investigator Dale Galbreath, Affiant


Sworn to and subscribed before me

This 11th day of April 2012.




Notary Public, State of Florida at large


My Commission expires:



GZ Probable Cause Affidavit 4-11-12





Leave a Comment