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Old 08-13-2018, 11:36 AM  
NinerDoug NinerDoug is offline
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Another Florida Stand Your Ground Shooting

He's been charged with manslaughter.

https://www.msn.com/en-us/news/crime...cid=spartandhp

White man in Florida 'stand your ground' case charged with manslaughter in black man's shooting death

Prosecutors charged a white man with manslaughter Monday in the death of an unarmed black man whose videotaped shooting in a store parking lot has revived debate over Florida's "stand your ground" law.

Michael Drejka, 47, has been charged with the July 19 death of Markeis McGlockton outside a Clearwater convenience store, Pinellas County State Attorney Bernie McCabe said. Drejka was being held at the county jail on $100,000 bail. It is unknown if he has an attorney.

McCabe declined further comment, referring reporters to court records that were not immediately available.

McGlockton's girlfriend, Britany Jacobs, who was seated in the couple's car with two of their children, ages 3 years and 4 months, said Drejka confronted her for being parked in a handicapped-accessible space. McGlockton, 28, had gone into the store with their 5-year-old son. Jacobs said Drejka was cursing at her. Video shows McGlockton exited the store and shoved Drejka to the ground. Seconds later, Drejka pulled a handgun and shot McGlockton as he backed away.

McGlockton family attorney Benjamin Crump — who gained national prominence representing the family of Trayvon Martin after the black teen's fatal shooting by a Hispanic man in 2012 — said in a statement Monday "it's about time" Drejka was arrested. The family, civil rights groups and others had been holding protests demanding he be charged.

"This self-appointed wannabe cop attempted to hide behind 'Stand Your Ground' to defend his indefensible actions, but the truth has finally cut through the noise," Crump said. "I have full faith that this truth will prevail to punish this cold-blooded killer who angrily created the altercation that led to Markeis' needless death."

Pinellas County Sheriff Bob Gualtieri originally declined to charge Drejka, saying one day after the shooting that the man was protected by Florida's stand-your-ground law. The sheriff passed the case to prosecutors for a final decision. The law says people can use deadly force if they believe they are in imminent danger of death or great bodily harm and have no obligation to retreat. Under a change made by the Legislature last year, if a suspect raises a stand-your-ground defense, prosecutors must prove the law doesn't apply.

"I support the State Attorney's decision and will have no further comment as the case continues to work its way through the criminal justice system," Gualtieri said in a statement Monday.

The soundless store security video shows the confrontation began about a minute after Jacobs pulled into a handicapped-accessible spot in the parking lot. Jacobs told reporters last week McGlockton had just picked her up from her job as a nursing assistant, the parking lot was busy and they were only stopping for a minute. McGlockton and his oldest son got out and entered the store.

Drejka pulled up in his SUV seconds later, parking perpendicular to Jacobs, according to the woman's account. She said Drejka got out, walked to the back of Jacobs' car, looked at the license plate, and then went to the front, apparently looking for a handicapped sticker there. He appears to say something to Jacobs and points to two empty spaces nearby.

The video shows he then walked to Jacobs' window. He is speaking from about a foot (0.3 meters) away and gesturing with his hands. A man entering the store about 15 feet (5 meters) away stops to look and a woman glances over.

McGlockton then exits the store, walks toward Drejka and — just as Jacobs gets out of the car — shoves Drejka with both hands. Drejka lands on his back and McGlockton takes a step toward him. Drejka sits up, pulls his gun from his right front pocket and points it at McGlockton, who takes three steps back, his arms at his side. Drejka fires, hitting McGlockton, who runs back into the store clutching his chest. Witnesses said he collapsed in front of his son, waiting inside.

Michael McGlockton, the dead man's father, told reporters at a news conference days later that his son was protecting his family when he shoved Drejka.

Crump also represented the family of Martin, a 17-year-old black youth who was fatally shot by George Zimmerman, a Hispanic man who was his Orlando-area neighborhood's watch captain. Zimmerman had confronted Martin, who was walking back to the home of his father's fiancee after making a purchase at a convenience store.

Zimmerman said he thought Martin might be a burglar casing homes. They fought and Zimmerman fatally shot him. There were no eyewitnesses or videos. Zimmerman said he feared Martin, who was unarmed, was about to kill him and a jury acquitted him of second-degree murder.
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Old 08-13-2018, 01:16 PM   #31
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Don’t let the black guy's death go to waste, when there is politicking to do.
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Old 08-13-2018, 01:16 PM   #32
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It wouldn't surprise me to see this go either way. Yeah the guy was a dick for verbally abusing the mans woman, however once he (the guy who got shot) got physical and laid hands he became the aggressor and the shooter has a right to defend himself.

I said the same thing during Trayvon. Once he (Trayvon) became physical Zimmerman had a right to defend himself.

Either way this dumbass (the shooter) and Zimmerman put themselves in bad situations. This guy will spend a fortune to keep his freedom and maybe the jury will acquit. But he's going stress and pay, on top of the fact that he took another human beings life. Not a situation I would want to be in.
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Old 08-13-2018, 01:18 PM   #33
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Originally Posted by lawrenceRaider View Post
Yes he did, but a verbal altercation. It was the dead man who made it a physical one, but he seemed to have understood he had over reacted and was backing away.

Shooter should be guilty.
One thing a concealed carrying citizen should do is avoid confrontations. My instructor stressed this. The ceiling for bad shit is so much higher if you're armed. Let the little shit go. Don't create problems; don't escalate problems.

Dude was parked in a handicap spot - big ****ing deal. Leave cop shit to the cops. Whether this guy beats the charges or not, he's still going to have his life ruined, and whatever money he has left after a criminal trial will get eaten up by lawyers in the inevitable civil trial.

All he had to do was walk past and keep his mouth shut.
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Old 08-13-2018, 01:24 PM   #34
NinerDoug NinerDoug is offline
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Originally Posted by Eleazar View Post
He's wrong, obviously, as the prosecutor determined.



Not a stand your ground case.



Michael Dunn tried the defense, but was convicted and given a life sentence, because it obviously was not applicable in that situation.
Maybe I misunderstood your point when you said it has nothing to do with stand your ground. You seem to have been saying the defense should fail in this situation, and I agree with you.
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Old 08-13-2018, 01:27 PM   #35
NinerDoug NinerDoug is offline
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Originally Posted by 2bikemike View Post
It wouldn't surprise me to see this go either way. Yeah the guy was a dick for verbally abusing the mans woman, however once he (the guy who got shot) got physical and laid hands he became the aggressor and the shooter has a right to defend himself.

I said the same thing during Trayvon. Once he (Trayvon) became physical Zimmerman had a right to defend himself.

Either way this dumbass (the shooter) and Zimmerman put themselves in bad situations. This guy will spend a fortune to keep his freedom and maybe the jury will acquit. But he's going stress and pay, on top of the fact that he took another human beings life. Not a situation I would want to be in.
Sure he has the right to defend himself, if he needs defending. Since the guy was backing away from him when he was shot, he didn't need defending. Certainly not with deadly force.
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Old 08-13-2018, 01:28 PM   #36
NinerDoug NinerDoug is offline
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Originally Posted by Frazod View Post
One thing a concealed carrying citizen should do is avoid confrontations. My instructor stressed this. The ceiling for bad shit is so much higher if you're armed. Let the little shit go. Don't create problems; don't escalate problems.

Dude was parked in a handicap spot - big ****ing deal. Leave cop shit to the cops. Whether this guy beats the charges or not, he's still going to have his life ruined, and whatever money he has left after a criminal trial will get eaten up by lawyers in the inevitable civil trial.

All he had to do was walk past and keep his mouth shut.
Agree completely.
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Old 08-13-2018, 01:32 PM   #37
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Quote:
Originally Posted by Frazod View Post
One thing a concealed carrying citizen should do is avoid confrontations. My instructor stressed this. The ceiling for bad shit is so much higher if you're armed. Let the little shit go. Don't create problems; don't escalate problems.

Dude was parked in a handicap spot - big ****ing deal. Leave cop shit to the cops. Whether this guy beats the charges or not, he's still going to have his life ruined, and whatever money he has left after a criminal trial will get eaten up by lawyers in the inevitable civil trial.

All he had to do was walk past and keep his mouth shut.
Yup

Bet he wouldn't have said anything if he wasn't carrying.
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Old 08-13-2018, 01:46 PM   #38
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Naturally, the media and even some educated people are conflating this self-defense immunity law (§776.032) with the completely separate Stand-Your-Ground law (§776.012) in Florida. These are not at all the same things.

The use of the phrase “Stand-Your-Ground” to refer to self-defense immunity is an indication of seriously defective understanding of the law, as well as a considerable contributor (intentionally?) to sow confusion in the public mind on what “Stand-Your-Ground” actually does (pro-tip, “Stand-Your-Ground” merely waives the legal duty to retreat before using otherwise lawful deadly force in self-defense, and that’s all it does).
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This arrest also puts the lie to the claim that Florida’s self-defense immunity law prohibits an arrest where a person claims their use of force against another was self-defense, which is what Pinellas County Sheriff Bob Gualtieri announced at his press conference on July 20. The truth is that the self-defense immunity law merely prohibits an arrest in the absence of probable cause that a crime has been committed. If a use of force was done in apparent self-defense, that use of force is justified and is not a crime, and an arrest would be inappropriate. Where there is probable cause of a crime, however, the self-defense immunity law fully permits an arrest to be made.
https://legalinsurrection.com/2018/0...spot-shooting/
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Old 08-13-2018, 01:49 PM   #39
Frazod Frazod is offline
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Originally Posted by stumppy View Post
Yup

Bet he wouldn't have said anything if he wasn't carrying.
If that's the case, then he never should have carried a gun in the first place.
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Old 08-13-2018, 01:55 PM   #40
NinerDoug NinerDoug is offline
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If that's the case, then he never should have carried a gun in the first place.
His actions establish convincingly that he was unfit to carry a gun.
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Old 08-13-2018, 02:12 PM   #41
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Originally Posted by Frazod View Post
One thing a concealed carrying citizen should do is avoid confrontations. My instructor stressed this. The ceiling for bad shit is so much higher if you're armed. Let the little shit go. Don't create problems; don't escalate problems.

Dude was parked in a handicap spot - big ****ing deal. Leave cop shit to the cops. Whether this guy beats the charges or not, he's still going to have his life ruined, and whatever money he has left after a criminal trial will get eaten up by lawyers in the inevitable civil trial.

All he had to do was walk past and keep his mouth shut.
I wont even flip someone the bird for cutting me off when i carry (which is rarely).
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Old 08-13-2018, 02:16 PM   #42
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It was more you imagining a counterfactual situation and whining about how you imagine it would have played out than pointing out any truths, tbh.
If my observation was counter factual, you should be able to point an instance where a black dude shooting an unarmed white dude made national news.

Since you don’t seem to be able too, once again, tapout acknowledged.
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Old 08-13-2018, 02:18 PM   #43
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Originally Posted by BDj23 View Post
I wont even flip someone the bird for cutting me off when i carry (which is rarely).
Hell, I don't flip people the bird or yell at them anymore while driving just on the chance that they are carrying.
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Old 08-13-2018, 02:23 PM   #44
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He probably won't be convicted in Florida. I am a little torn on this one. I am always on the play stupid games you win stupid prizes side. Don't park in handicap spots and definitely don't get in a physical altercation after someone calls you on it. It was a shove but it was one hell of a shove.

Guy was clearly backing away and wasn't a threat the second the trigger was pulled.
good advice but the death penalty isn't an appropriate punishment
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Old 08-13-2018, 02:26 PM   #45
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Originally Posted by BDj23 View Post
I wont even flip someone the bird for cutting me off when i carry (which is rarely).
Yeah, that's the worst part.
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