Skip to comments.Trayvon Martin family attorney to speak out against 'stand your ground' law
Posted on 07/26/2018 7:29:55 AM PDT by rarestia
The attorney who represents Trayvon Martin's family is expected to hold a news conference on what he calls a discriminatory "stand your ground" law following the shooting death of Markeis McGlockton at a Circle A Food store last week.
The Pinellas County Sheriff's Office and the state attorney are expected to make a decision in this stand your ground case as a memorial for McGlockton is continuing to grow outside the store where he was shot.
His family held a big press conference two days ago asking prosecutors to charge the man who shot him, Michael Drejka, with murder.
And even more pressure on a national stage on Thursday as the attorney who is representing the family of Trayvon Martin comes to town.
Benjamin Crump will hold a press conference Thursday morning in Clearwater demanding justice for McGlockton and an amendment to what he calls a discriminatory "stand your ground" law.
The state attorney for Pinellas County Bernie McCabe has not made a decision if he will charge Drejka with murder.
Deputies said the argument started at the Circle A Food Store at 1201 Sunset Point Road Thursday, July 19, when McGlockton's girlfriend Britany Jacobs pulled her Chrysler sedan into a handicapped parking space.
After McGlockton and their 5-year-old son went into the store, Drejka approached Jacobs and the two began arguing about the parking space, authorities said.
According to a witness, when 28-year-old McGlockton came out of the store and saw what was happening, he pushed Drejka to the ground.
That is when Drejka, 47, opened fire, killing McGlockton.
On Thursday, Crump will argue that Drejka initiated the violent encounter, not McGlockton and that McGlockton was stepping back from Drejka when Drejka pulled his concealed handgun and fired the fatal shot.
"What this vigilante want-to-be cop should have done is called the police. He shouldn't have taken the law in to his own hands, this whole thing would have been avoided," declared Crump.
Prosecutors are now grappling with that big issue. The push that was captured on video was against Drejka. With the push to the ground and it was only then that Drejka pulled his concealed handgun.
However, that is where things get legally murky. Does Drejka have legal protection for pulling the trigger? Even though it appears McGlockton was starting to back away from him.
The one big problem with the video is that there is no audio, so there is no way to tell what is being said or when exactly the gun is fired.
That is something only investigators are privy too and the state attorney is still trying to sort all of that out.
Florida's "stand your ground" law recently changed so that the burden of proof now falls on the prosecution, not the defense.
What a stupid thing to say.
It wasn't. The sheriff is an idiot. He was saying uninformed things about the law.
This is not a stand your ground case, regardless of how it comes out, because the shooter was on the ground and didn't have an opportunity to safely retreat. Assume for the moment that he was really facing a deadly threat when he fired. Then how could he have gotten away when he was sitting on the ground and the attacker was a few feet away?
Oh, the LOTG defense now. Lay On The Ground. Yeah, that was my take that the sheriff was a buffoon and screwed up his comment. Purposely or unwittingly it didn’t help the cause.
The truth hurts. They also get upset when police departments publish lists of the most dangerous criminals and gang members, because they are usually 100% minority.
Nobody gets to speak the truth these days. Violence is blamed on “gun violence” or “epidemics of violence”, as if thugs catch some germ that makes them thugs. Everyone knows which groups commit the most crime, but that’s racist.
Trayvon T-shirts will be on sale, no doubt.
After all, Mom & Dad need to keep up their tricked up Caddy!
Thank you for the thorough explanation of the legal issue here. I do appreciate the clarification.
there is no duty to retreat, even if you could retreat.
Many states have enacted so-called stand your ground laws that remove the duty to retreat before using force in self-defense. Florida passed the first such law in 2005, generally allowing people to stand their ground instead of retreating if they reasonably believe doing so will “prevent death or great bodily harm.”
like what? what did the sheriff say that was contrary to the law?
All have sinned, and come short of the glory of God. And the wages of sin is death. But the gift of God is eternal life through Jesus Christ our Lord. So yeah, Zimmerman presumptively is a jerk - like all of us.Martin chose to turn back after having got away, had he not turned back he would have lived. Zimmerman would have walked around for a while to no avail. We would have never heard of either guy.
It was Martins choice to turn back and attack Zimmerman that actually led to his death.
Turns out Martin was a jerk too, one who thought his being offended or creeped out justified violence.
The very existence of the so-called "911 tape proves that Zimmerman wasnt looking to take the law into his own hands. Who calls the police so they will arrive when they might catch you in the act of murder???
But even that is immaterial in the sense that somebody cried out for help for quite a while - and two witnesses testified that it wasnt Martin. One credibly testified that he recognized Zimmermans voice, and the other testified that he saw Martin physically dominating Zimmerman, and that Zimmerman asked the witness to help him immediately instead of just calling the police. That witness then testified that before he could call the police from inside his apartment, he heard the fatal shot. And the coroner testified that, apart from grass stains on his knees and superficial damage to his knuckles, the only mark on Martins body was the single fatal shot. Zimmermans head, OTOH, was bloodied from the beating which the eye witness testified that he saw Martin administering to Zimmerman.
Zimmerman had no duty to retreat because he manifestly had no ability to retreat. Stand your ground had nothing to do with the case.
Florida’s “Stand your ground” law WAS NOT a factor in the lawful & appropriate shooting of Trayvon Martin. It was legally IRRELEVANT.
As I said in that other post, corrected version (prone is face down): call it laying supine on your ground instead.
I didn't say there was. I've been explaining this stuff here since Trayvon.
"Florida passed the first such law in 2005"
Florida wasn't the first. There's a long history of having no duty retreat. For example, California has the broadest "stand your ground" law, and has for a century.
He said that "stand your ground" prevented him from arresting the shooter, and that because of "stand your ground" the shooter's subjective fear was the only thing that mattered.
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