Posted on 07/25/2018 9:36:45 AM PDT by libstripper
Markeis McGlockton and Michael Drejka both overreacted during their brief, fatal encounter in the parking lot of a Florida convenience store last week. McGlockton overreacted by pushing Drejka to the ground, and Drejka overreacted by drawing a pistol and shooting McGlockton in the chest.
Although it is hard to see how Drejka's use of lethal force could have been justified, Pinellas County Sheriff Bob Gualtieri declined to arrest him, claiming his hands were tied by Florida's Stand Your Ground law. But that is not true, and Gualtieri's misrepresentation of the law has renewed misguided criticism of Florida's approach to self-defense, which contrary to popular misconception does not give a free pass to armed hotheads who claim to have fired out of fear.
(Excerpt) Read more at reason.com ...
To me immediately I knew this was not a justified killing
And in front of the mans five year old son
And the more you learn about the coward who shot him and his history of brandishing his gun starting trouble
What amazed me is probably 80 percent of freeper men are the sorts who think its justifiable to murder someone for knocking you down or hitting you
Its called steel courage for a reason
After two decades of bang list parcipitstion here itll never look the same again
Freeper men apparently dont fight...they shoot
Simply absurd to me and yes the sherrif is wrong
This guy makes ccw folks look bad
Hell get charged at some point
Agreed
Remember this story next time you hear some macho guy boasting of how he would never allow a stronger to insult his “weaker sex” kin.
You cannot kill an unarmed man because you feel threatened
Does anyone here have balls.
The video would have “feel good video of the day” potential if the shooter weren’t being such an a-hole for making a big deal over where they were parked. The deceased made the bigger mistake by getting violent in the first place.
If you kill anyone who pushes you down
You sure arent kickass
Youre a coward
You should reflect
Somehow I don't think this is the last we'll see of Mr. Drejka.
Did he stop the assault because he saw a gun?
Face it, we don’t fear guys like the shooter. We fear guys like the pusher because they beat people to death every day. He assaulted the guy because he was entitled to assault him just like he was entitled to that handicapped spot.
shooter has issues and had he minded his own beeswax none of this would have happened.
SO WHAT if she parked in the wrong spot? Call a cop and let him ticket her. Not his job to go around correcting other folks.
and no, i don’t park handicapped. But i don’t look at the people that do to make sure they should be. Not my job.
Agreed.
He deserved to die for pushing a man to the pavement
Really
Have you ever been in a fight
There was no continued threat at that point and the shooter had plenty of time to make that assessment.
You have conflated revenge with defense.
Girl in parking in handicapped spot quoted in a news report “I’ve got the right to park anywhere I want”.
My takeaway:
1) Girl had the right to violate the law and park anywhere she wanted.
2) Her boyfriend had the right to assault anyone he wanted.
3) Guy on the ground had no rights except to take a beating.
And the five year old was right there
Are freepers scared of five year olds too
> If I found someone was talking to my wife in that manner, they may find themselves getting shoved to the ground. <
Hmm....that leads to some rather interesting questions. What was the soon-to-be shooter saying to that woman in the car? Was it a polite - if stern - conversation? Or was he threatening to assault her?
I watched the video, and based on what I could see the attacker backed way off when the busybody pulled his gun. There did not appear to be a need to shoot. The now-dead guy was overzealous in his reaction when he shoved the guy, but I saw no justification for the shooting. No, I wasn’t there, and of course there is no audio. I don’t know how I would react if I saw someone harassing my spouse and kid. Hopefully would first address the situation verbally rather than a knee-jerk body slam.
Good luck with that.
Does your Wife make a habit of illegally parking in Handicap Spaces and then deciding to get out of the car when someone calls her on it rather than just driving away?
LOL
There have been numerous threads about this the last few days and they all end up with the same amount of butt hurt. Im just here to stir the pot.
My 2 cents.
Don’t be an a-hole, you’ll eventually meet a bigger one. This time it was McGlockton’s turn. But sooner or later Drejka will draw the short straw.
Plus, if there’s a civil case (100% likely), Drejka is not going to enjoy being in front of that jury.
This is why he wasn't arrested. It's not Stand Your Ground. It's the self defense immunity provisions.
"...the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful."
As the article points out, he's also wrong on other things, like subjective fear being sufficient to claim self defense. Which is probably why he decided there wasn't probable cause. But I expect other people will disagree with him and the shooter will be charged.
784.011 Assault.
(1) An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
According to what Ive read, the dead guy didnt threaten by word or act, he just did the deed. Thats Battery according to Florida law (and that of other places):
784.03 Battery; felony battery.
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
Where does that leave us? Well, according to what Ive read, the shooter was talking to the dead guys woman and doing so loudly enough to attract the attention of passersby. We dont seem to know whether or not his talk constituted an unlawful threat by word or act to do violence to the woman, but if it did his talk constituted an assault. The dead guy may have reasonably believed the shooter was assaulting his woman (threatening by word or act to do violence) and acted in accord with the Florida Stand Your Ground law which states:
776.012 Use or threatened use of force in defense of person.
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the others imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. (Emphasis added.)
I wrote the dead guy may have believed, but we dont know what he believed. I believe the whole thing needs to be put before a jury.
Maybe, if one has to put someone else on the ground, its advisable to close with the adversary and make sure they arent able to harm you when you retreat, just by disarming them if possible and necessary. Thats a hard problem.
Drejka will probably be charged with the homicide. But if he's not and the self defense story is bought, Florida has self defense immunity from civil suits.
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