Posted on 08/13/2018 9:58:09 AM PDT by dragnet2
The Florida man who invoked the "stand your ground" self-defense after shooting a black man in a dispute over a parking space was charged Monday with manslaughter, officials said.
Michael Drejka, 47, was arrested Monday morning in the fatal shooting in July of Markeis McGlockton in Clearwater, Florida.
(Excerpt) Read more at abcnews.go.com ...
“then the other guy retreating is not a threat of death or serious bodily harm.”
But did the other guy retreat before or after he was shot? The way I saw it he got shot then backed up. Then the shooter took his time to aim and shot again. Was it a reasonable wait? I don’t think so but, ehh, we don’t know his frame of mind at the time.
In any event the subject should now focus on the manslaughter charge since it is the charge and negates justification for self-defense under FL law. In effect it disproves self defense.
I think there is better evidence for manslaughter here than there is for justifiable use of force.
The fact that the State filed manslaughter means they believe they have enough evidence to convince a jury of manslaughter and they believe the judge in the case will allow the evidence. In which case Drejka is done. He cannot claim self defense if he had the intent to incite violence against himself so he could kill someone.
My experience is different from yours as my “locals” were gang banger and felons that have a history of assault and violent attacks, especially in crowds. I understand from others that the deceased has a similar background.
My experience tells me that if someone shoves you to the ground, that is just the BEGINNING of the attack. That kicks, punches and other feral(s) will jump in. I doubt your “locals” reacted the same way. In my training, firing on someone who has already committed felony assault and battery to protect your own life or others, from danger is allowed. Restraint in the face of a feral attack will get you killed, hospitalized and at the very least, injured.
Ah, what a shame. The community was hoping for an excuse to go “shopping”.
“Except...the victim did NOT continue to advance. He retreated.”
I believe he retreated after he was shot the first time.
In any event the State believes they can prove manslaughter to a jury. If the state can get all the circumstantial stuff like prior events, etc into court then I believe there is more to indicate he set up the situation in order to shoot someone than not. IOW - manslaughter.
Once manslaughter is established self-defense becomes much harder to prove. When Drejka fired the second time his assailant was not moving towards him and was in fact turning away. This is more supportive of Drejka’s intent to shoot than self-defense.
Sounds like you haven't seen the entire video.
Watch the whole tape from the beginning.
But since you’re most likely black and alot of blacks don’t think other blacks do anything wrong, I guess you don’t see mcglockton doing anything wrong.
I see a vigilante jerk rattlesnake without a rattle. I'm not black, just a responsible gun owner.
And I was heartily in favor of Zimmerman punching little Trayvon's ticket for him. 
As he should be - he was a loose cannon:
I tend to be in the "If you pick a fight with someone's wife, don't complain if you get knocked on your butt" camp. I've managed to go my entire life without picking a fight with someone's wife in a parking lot.
If someone is screaming at MY wife, and I knock him down, should I expect to be shot? If so, should I save time and just pull and shoot first?
If you pick a fight with someone's wife, or kick their dog, you have to expect SOME retaliation. I fully understand DRAWING the gun. I don't agree with the shooting. And yes, the only time I've drawn a gun in self-defense, I didn't have to shoot. Good thing. There were more of them than I had bullets....
;>(
What he claims was his frame of mind is not relevant; it's what a reasonable person would be thinking/fearing at the time.
“The shooter tries to hide behind his mother claiming that she’s handicapped that his mother needed the space. Never mind the fact that she’s been dead for 11 years.”
Is that true about his mother being dead for 11 years? Just from the observed facts (arguing with the lady on end about a handicap spot, and arguing in such a manner that it draws attention from folks 20 feet away) the guy has a screw loose. This would be one more confirmation of that. (Does he have her in a rocking chair upstairs in her bedroom still?)
The FL Self Defense law states if a person reasonably believes. IOW their state of mind. They get to say what they believed at the time, not us. On hearing what a person believed and the circumstances of the time the jury gets to say if his belief was reasonable or not.
We don’t know what he was going thru at that moment. He could have been momentarily paralyzed in the legs from the impact; the attacker could have said “what, you shoot me, I’ll fkn kill you anyways right now”. Since you don’t know you can’t say if he was reasonable or not in making the decision to shoot.
Well push me to the ground and then we will see.
You said the following about the shooters history of road rage incidents and brandishing weapons that has come to light:
“A jury should never see or hear about it.
It would be immaterial and prejudicial to the case.”
So, you are saying that it’s NOT ok to bring up the shooter’s history because it’s “immaterial and prejudicial” to the case.
If that’s the case, then do you also agree that Mcglockton’s “history” should also be “immaterial and prejudicial” to the case?
20 feet is striking range?
For who the rubber band guy from Fantastic Four?
As a matter for fact I don’t.
Mclockton is not on trial. Mclockton’s life and liberty are not in jeopardy.
It may seem an inequity and callous, but a defendant is given certain leeway in our system of justice even in the case of murder.
But if I was his lawyer I would not consider it necessary to bring up Mclockton’s violent past. It is on display in the video and the difference in size and age are plenty enough to show that Drejka had ample reason to fear for his life.
Is this you?
At least he's funny. You... not so much.
Shooter was looking to open up on someone. Witnesses quoted the shooter saying "he's lucky he didn't get his head blown off" when talking about a nearly IDENTICAL incident. He was leaving the scene but returned simply to f**k with the woman in the parking spot.
Yeah, just can't wait to draw-down on all the people who are cyber-mean to you... right? You weak minded little s**t of a man. No wonder you like the shooter.
BTW, you shouldn't be leaving comments like this around the interwebs... it's called evidence...imbecile. Now you CAN'T shoot anyone unless it's a really, really, really good shoot.
Oh I know. The shooter had some serious issues, and should have been stripped of his CCW a long time ago.
He is the poster child for the lefts anti conceal carry/anti 2nd Amendment argument.
New York Transplants
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