It seems that most of the pre-fight issues would go to the heart of what an appropriate charge might be. I see no evidence of a depraved heart so I feel an appropriate charge would be some type of manslaughter not 2nd Degree Murder. As far as the self defense issue goes if following Martin were enough to qualify as an act of aggression I imagine this would cause Zimmerman some problems in claiming self defense. Was Zimmerman reckless or negligent in following Martin? The statement from the 911 operator that they did not need Zimmerman to follow Martin is likely insufficient to establish the knowledge necessary for recklessness on its own. Perhaps he was negligent in following Martin though I would imagine the distance at which he followed, the duration of his following Martin, and other indications like running in order to keep up with Martin would be relevant. If the following of Martin were negligent I think that he would be found to be the first aggressor which would cause problems with a self defense claim. But hey maybe a reckless or negligent standard doesn't apply to first aggressor situations. Just spit ballin here I saw yellow and red flags on the Florida Statutes for constitutional and legislative reasons and ran the other way. By the Way I am not a Lawyer.