Judge Debra Nelson has already ruled that the jury could consider manslaughter as a lesser charge in their deliberations in the George Zimmerman trial in the killing of Trayvon Martin and was considering another charge on Thursday – child abuse.
George Zimmerman was originally charged with second-degree murder.
Richard Mantei, one of the lawyers on the prosecution team argued the third-degree murder charges should be included.
"Manslaughter is a category one lesser included offense of first degree murder,” Mantei argued in court, claiming the judge had no discretion as to the inclusion of a lesser offense.
Defense attorney Don West disagreed.
"[Zimmerman's] position is: the state has charged him with second degree murder, they should be required to prove it if they can, and if they can’t prove it, then that is the failing of the prosecution. Had they wanted to charge him with manslaughter instead, under their theory of prosecution, whatever it may actually be…they could do that. We object, we want this to go to the jury as second degree murder only.”
Zimmerman shot and killed Trayvon during a violent confrontation in a gated Sanford community in Florida.
Judge Nelson has ruled – child abuse charges won't be included.
Watch a video below.