Drejka Case Analysis: When the ‘Tueller Drill’ 21-Foot Defense is Defined Out of Existence

Legal Insurrection ^ | September 2, 2019 | Andrew Branca

[House Atreides]

A mischaracterization of the Tueller Drill — the so-called 21 foot rule — deprived Michael Drejka of a potentially effective defense.

On Friday, August 23 , 2019, a Florida jury convicted Michael Drejka, the handicap parking spot shooter who killed Markeis McGlockton, of manslaughter.

As a result, at his September 10 sentencing hearing the 48-year-old Drejka will likely be sentenced to a mandatory minimum of 25 years to life in prison, without possibility of early release.

My problem with this outcome has nothing to do with the fact that Michael Drejka was found guilty—maybe he was guilty.

My problem with this outcome has to do with the process by which he was found guilty, a process in which justice in general and Drejka, in particular, were badly let down by both the state, by his own defense team, and by all the supposed use-of-force “experts” called by either side, with particular respect to the use-of-force doctrine knows as the Tueller Drill.

[Viking2002]

I've made an observation over the last several years in terms of random familiarity. It's similar to going out and buying a new car. You get out on the road with it, you feel proud and unique, and suddenly you start to notice so many other new cars out there of the same make and model as yours. I'd never really pondered it until my doctor had me submit for handicap placards, just how many people there are around this town who are sporting the same thing. You'd think it's one big Shady Acres retirement village. I'll still crack wise about them, because I am one of them now. It's not like my conditions are reversible. My disability lawyer looked at my initial medical summary and said, "You're not disabled, you ought to be DEAD." My doctor told my wife that I was just falling apart. Seriously. Your doctor's official opinion is you're rattling like an old Edsel. I have earned the right to make handicap jokes. And I don't care much for other shoppers, either. I'm getting to the age where I'm really becoming a crank and a bit of a hermit. They get in the store, and always seem to find someone they know and start jabbering, blocking the aisle like a blood clot. Half the time, they know you're standing there, glaring at them, and they just tune you out of their presence. I resent having to walk the length of the store and double back to that same aisle to get to the frozen broccoli that's one freezer case down from where they're holding their little coffee klatch. I'm there to get what I want, and get the hell out of Dodge.

OK, that rant's over, too.

[DesertRhino]

Bullcrap. A man walks out and finds another man harassing his wife. He shoves him away. That does not entitle the aggressor to murder the unarmed man who was defending his wife.

Bad shoot and I’m glad the idiot if off the streets. And this is one of those cases where everyone would change their tune if the races were reversed.

Imagine a white guy, comes out and finds the black dude harassing his wife. He is unarmed but shoves him away. Black dude shoots him down. Everyone would be calling for a murder charge.

[SunkenCiv]

LOL! (first half)

[SunkenCiv]

The larval forms can be the worst — the kids really enjoy running around (figuratively, sometimes literally) in the store, as if it’s Disneyland.

If that family ever does get to Disneyland, they wind up beating the crap out of each other while screaming obscenities in the Happiest Place on Earth.

(re second half)

[Viking2002]

Oh the absolute worst of the worst in my opinion are these women who have some screeching, crying three year old in their cart, and it won't shut up. I mean constant, at ear-bleeding decibels. They can go twenty minutes. You can hear it from one end of the store to the other, and it echoes. I'm thinking, my God, woman, will you just go over to the hardware aisle and Duct Tape that kid's mouth shut? It sounds like it's being tortured with a propane torch. Sometimes I wish they'd do away with their greeters and station a customer service nurse at the door to hand out tranquilizers. *smh*

[SunkenCiv]

Maybe I'm just getting to the "get off my porch" phase of my life, but I'm appallled by people with small children doing their shopping after midnight, when I'm in there. Generally the crying kids are in the stores during the day, but WTH, both parents don't have to go to the store at that hour, the kid should be in bed with one parent in the house.

[Tired of Taxes]

Imagine a white guy, comes out and finds the black dude harassing his wife. He is unarmed but shoves him away. Black dude shoots him down. Everyone would be calling for a murder charge.

For the record, not I. To me, the situation would be the same: This is about a man shoving another man down violently and then he and his girlfriend remaining within striking distance.

With that said, neither man was/is a perfect person.

I do have a slightly different take on this case, that is, imho, the girlfriend could've defused the situation before it reached the point that it did.

[Tired of Taxes]

Wondering why the defense didn’t make those arguments in favor of the Tueller Drill...

Was it incompetence? Or did they lose the case on purpose?

[Viking2002]

Oh, I’ve had that ‘get off my lawn’ mentality since I was in my thirties. I think I got a running head start on full-blown geezerhood.

[Iscool]

This conviction needs to be overturned.

I agree...He took a pretty hard hit...His vision may have been blurred slightly, enough to see movement but not sure in what direction the attacker was moving...

[Travis McGee]

Great points.

[precisionshootist]

" Bullcrap. A man walks out and finds another man harassing his wife. He shoves him away. That does not entitle the aggressor to murder the unarmed man who was defending his wife. Bad shoot and I’m glad the idiot if off the streets. And this is one of those cases where everyone would change their tune if the races were reversed. Imagine a white guy, comes out and finds the black dude harassing his wife. He is unarmed but shoves him away. Black dude shoots him down. Everyone would be calling for a murder charge. "

That may be your opinion but it's not even close to reality or justice as defined by our laws. Verbal arugueing with someones wife is not a crime. Assault is a crime. The deceased was the aggressor and the attack was deadly in nature and the defendant had every right to defend himself. Many people die from attacks exactly like the one we see on video, many people.

[Scrambler Bob]

I’m appallled by people with small children doing their shopping after midnight, when I’m in there. Generally the crying kids are in the stores during the day, but WTH, both parents don’t have to go to the store at that hour,
= = =

Shoplifting, complete with distractions and multiple participants.

[yefragetuwrabrumuy]

I was so glad to have a couple of friends, some cap guns and rubber knives. We learned a huge amount of stuff through experience on a boring Saturday morning.

The hardest part is training yourself to ignore what is coming for the sake of realism. Other lessons:

1) Carrying concealed is a huge advantage over an enemy who is brandishing a gun, all told, amounting to several seconds advantage.

2) A karambit knife is so popular for zero distance self defense that they are making rubber versions of it for training.

3) The pistol-knife trench combo is the way to go indoors.

4) Hiding a knife behind your forearm is good for uncertain situations where brandishing a gun could be problematic. At the first hint of a problem, the knife is out and hidden, so you can be more relaxed about your gun draw.

5) A knife is good for “another player has entered the game”, behind you, scenarios. Cheap shots suck.

[Oatka]

The attacker may be running, or just walking, and maybe not directly at the gun owner, but kind of in his direction.

There was a YouTube vid about situational awareness while out hiking, and the implied Tueller Drill.

The instructor had a student walk along the trail, and ambled up to him saying something disarming lie "What's up, dude?"

Once within arms reach, the instructor lashed out, making an "X" across the student's throat - carotid artery cut. The instructor used a red marking pen, which really made the presentation vivid. Stayed with me ever since, and I now surreptitiously eye every passerby when I'm out for a walk, and sometimes even in an urban environment.