MIAMI (CBS4) – Florida State Attorney Angela Corey decided Monday to not use a Grand Jury in the Trayvon Martin shooting death.
The grand jury was expected to release their report on Tuesday as to whether Zimmerman should be charged in the Feb. 26th shooting. The case is now in the hands of special prosecutor Angela Corey.
Ms. Corey said from the beginning that she may not need a grand jury.
According to the state attorney’s office, the decision “should not be considered a factor in the final determination of the case.”
Former U.S. Attorney Kendall Coffey told CBS4′s Gio Benitez that by not using a grand jury, prosecutors will probably not charge Zimmerman with a capital offense.
Additionally, lawyer Janet Johnson, who works in Corey’s jurisdiction, said grand jury are used on “all First Degree Murder cases.”
Here’s what state attorney Corey said in her Monday release:
State Attorney Angela Corey has decided not to use a Grand Jury in the Trayvon Martin shooting death investigation.
The decision should not be considered a factor in the final determination of the case. The Grand Jury, set to convene on April 10, 2012, was previously scheduled by the former prosecutor.
Ms. Corey was appointed as the Special Prosecutor on March 22, 2012, by Governor Rick Scott. From the moment she was assigned, Ms. Corey noted she may not need a Grand Jury.
At this time, the investigation continues and there will be no further comment from this office.
An attorney for the Martin’s family said the evidence is there.
“We believe that she should make a decision and we’re optimistic that she will make a decision within this week,” said Natalie Jackson.
Zimmerman claims Martin attacked him and he fired in self-defense, according to Sanford police who did not charge him because of the state’s “Stand Your Ground” law which allows Floridians to use deadly force if they feel their life is threatened.
The lack of charges created a nationwide response. Dozens of rallies and demonstrations have been held demanding justice.
On Sunday, about 40 Florida college students and alumni wrapped up their three-day march from Daytona to Sanford Sunday evening. While they arrived at a local church triumphant, they recognized their quest for an arrest in the Martin case is far from over.
“Today is just the beginning,” said Phillip Agnew, a student demonstrator.”It is not the end. This is a marathon and not a sprint.”
The students called themselves the Dream Defenders. They walked by day and slept in churches by night hoping to draw attention to the case.
“I’ve got cuts on my ankles from the boots that I was wearing I’m exhausted you know sweating and we haven’t had showers in three days,” said another student. “But I think people feel really good about it.”
On Monday, members of the Dream Defenders plan to stage a noon time rally outside of Sen. Marco Rubio’s office in Doral. The group wants Rubio to retract his support for the “Stand Your Ground’ law and realize it needs to be changed so it can no longer be used as a legal shield in preventable shootings.