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Judge Rules Jury Can Consider Manslaughter Charge In Zimmerman Trial

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Standing next to his attorney Don West, George Zimmerman is sworn by Judge Debra Nelson during his trial in Seminole circuit court July 10, 2013 in Sanford, Florida. Zimmerman has been charged with second-degree murder for the 2012 shooting death of Trayvon Martin. (Photo by Gary W. Green-Pool/Getty Images)

Standing next to his attorney Don West, George Zimmerman is sworn by Judge Debra Nelson during his trial in Seminole circuit court on July 10, 2013 in Sanford, Fla. (credit: Gary W. Green-Pool/Getty Images)

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SANFORD, Fla. (CBS Tampa/AP) — A judge said Thursday that jurors in the George Zimmerman case can consider the lesser charge of manslaughter, but she denied a request for the jury also to consider third-degree murder after a defense attorney called the proposal “outrageous.”

Prosecutor Richard Mantei argued that instructions for third-degree murder should be included on the premise that Zimmerman committed child abuse when he fatally shot 17-year-old Trayvon Martin because Martin was underage.

But defense attorney Don West called the proposed instruction “a trick,” and he accused the prosecutor of springing it on the defense at the last minute.

“Just when I didn’t think this case could get any more bizarre, the state is alleging child abuse?” West said. “This is outrageous. It’s outrageous the state would seek to do this at this time.”

West questioned how Zimmerman could be charged with child abuse while Martin was on top of Zimmerman “pummeling him.”

Judge Debra Nelson denied the third-degree murder instruction, saying she was exercising caution since she was unsure if prosecutors could prove intent.

“I just don’t think the evidence supports that,” Nelson said.

The judge, however, agreed with the prosecution that jurors could consider manslaughter as a lesser charge.

West said he wanted the six jurors to only consider the second-degree murder charge or not guilty.

“The state has charged him with second degree murder. They should be required to prove it,” West said. “If they had wanted to charge him with manslaughter … they could do that.”

Jurors could begin deliberating as early as Friday. Prosecutors were expected to give closing arguments Thursday afternoon, followed by the defense closing on Friday morning.

Zimmerman has pleaded not guilty to second-degree murder. On the night of the fatal scuffle in February 2012, Martin was visiting his father and his father’s fiancee at the same townhome complex whereZimmerman lived.

Zimmerman observed Martin while driving in his neighborhood, called police and the fight ensued after the neighborhood watch volunteer got out of his vehicle. Zimmerman claims Martin was slamming his head into the concrete pavement when he fired his gun.

Some civil rights activists argued that a delay in charging Zimmerman was influenced by Martin’s race, and protests were held around the nation in the 44 days between the fatal fight and Zimmerman’s arrest. Martin was black and Zimmerman identifies himself as Hispanic.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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