“Once it’s determined Drejka s actions were self defense it over.”
Agreed, but that may be very difficult for the defense to prove.
The State cannot prove manslaughter-1 with the video. The only thing the video shows is a very thin application of FL Self Defense law. And the long pause before the shot makes it hard to accept it as a defensive shot. Thin, but self defense.
For the State to prove the crime they charged Drejka with, manslaughter-1, they have to bring in extenuating circumstances. They have to show prior intent. They have to show a history of aggression. They have to show a history of disregard for human life when he was armed. They have to show a history and pattern of threatening and menacing behavior while he was armed consistent with the events of the shooting. IMO because the State concluded its preliminary investigation and filed charges within 10 days means they have just such evidence. What we’re seeing in the local media since the shooting supports this.
So, the state has to prove manslaughter-1 and the defense has to prove self-defense.
IMO it all boils down to what the judge allows to be considered at the preliminary hearing and at trial. He can favor prosecution, defense or both. IMO if both are presented the jury will convict.
If a person establishes and broadcasts their willingness to kill others it’s very difficult for them to claim self-defense when they do so.
If a person establishes and broadcasts their willingness to kill others it’s very difficult for them to claim self-defense when they do so.Drejka, he [Rick Kelly, 31] said, threatened to shoot him.
But the dispute didn’t end there.
Drejka called the Clearwater septic tank company Kelly works for to complain, telling owner John Tyler that he didn’t like the way Kelly had talked to him and that he was "lucky I didn’t blow his head off."
Tyler, a gun owner himself, told the Times he was shocked.
"I said, ‘I’m sorry you feel that way, that you feel that it’s justified to take someone’s life over a parking space,’" he said. "That was the chilling part about it when I found out who it was with the (McGlockton) situation."
Welp.
And this was the exact same parking space... 