Sheriff called parking spot shooting legal under ‘stand your ground’ laws. Prosecutors disagreed.

And the trial is on!

Michael Drejka: Trial begins for man who killed Markeis McGlockton outside Clearwater store

 

It will most certainly be interesting to see how the case develops.

 

Hmmm I'm not sure.

Here is what it looks like to me.

******* 1 parks in a handicap spot.
******* 2 bitches about it.
******* 1 unjustifiably pushed ******* 2 to the ground
******* 2 pulls his gun
******* 1 backs off slightly
******* 2 shoots ******* 1. With questionable justification.

I think its reasonable to charge him.

I would not want to be on that jury.

 

He has been charged, hence the trial now beginning.

 

Sorry watched the video and changed my mind slightly.

 

This is a tough one. I have been on a capital murder jury it's a tough job. Clearly the victim would be alive today had he not come out of the store, blindsided the defended and violent knocking him off his feet and on to the ground. The defended was perfectly free to sound his mind to the person who was illegally parking in a handicapped space. It is one of my pet peeves as my mother was blind from my early childhood and suffer other disabilities as she aged living to the ripe old age of 92. I had to give her lots of assistance as she was a strong will little ole lady and insisted on leading her life as normal as possible. Those spaces are highly valuable to those who ACTUALLY NEED THEM. Those people who violate them show an ugly arrogance to our laws, or civil society and those who actually are disabled and need those spots. I even have an app on my phone to record such violators and if enough reports at a certain location are submitted they contact the local authorities that there is a problem.

That being said, thank you for your patience, did he fire too soon. That is the bottom line question. How does the jury put themselves into his split second position. This huge apparently athletic angry black guy who has just violently assaulted you knocking you off your feet onto the ground and is now standing over you...........................what would you do.

I don't know what additional evidence they will receive other than what we have we have seen.

Whew.....to be on that jury.

 

Too what?

 

it is posted above..

 

You got that right. I don't know there is much evidence to be presented we haven't already seen. You have to give the benefit of the doubt to the accused. How can a member of the jury put themselves in his place at that moment after he has been violently assaulted. Is someone expected to be able to make a totally rational decision at that moment? The victim instituted the violence and threat of bodily harm. Did the defendant act to quickly? How does someone not in that split second position second guess that decision.

I have been on a capital murder jury, I have been on juries of "Judge Judy" types of cases. I have no problem serving on juries and find it quite fascinating and interesting and urge people who get summons to serve to PLEASE do so it is an educational experience and you will walk away with a feeling you have served your community.

But to be on a case like this...................

 

I'm sorry simply put what changed your mind about what? This is a difficult case. Please express yourself.

 

I read the story and the shooting didn't seem justified. Then i watched the video the violence with which he was attacked was definitely worthy of defending oneself against.. what's less clear is what occurred between the gun coming out and the shots being fired.

That said, you don't brandish a gun to get people to back off. You DO NOT draw a gun until the decision to shoot has already been made. Guns are not deterrents they are weapons of violence.
The question for the jury is was the other guy still a threat?
I don't think it's crystal clear either way.

 

Yes you do use your legal weapon to defend yourself

Yes you legally do if you are in imminent fear for your life or serious bodily harm.

Why did the victim come out of the store and immediately engage in a physical assault?

Nonsense, you pull a gun to stop a threat being presented and if that threat continues then you use that threat to defend yourself.

Will you even agree to the stipulation that the victim engaged in an unwarranted physical assault on the accused?

 

I foresee guilty of manslaughter.

 

I think you misunderstood most of what i said.

 

Where did I go off the path?

 

And suspended sentence and probation. We cannot excuse unjustified shootings but we an also cannot encourage violent physical assaults.

 

His lawyer's biggest hurdle is the victim was backing up, when shot. I suppose he could say Drejka believed he was going for a gun, etc

 

It was the correct action to charge him. This was not something for the sheriff to decide. The sheriff's job is to gather evidence and it is the prosecutor's job to decide if charges are warranted. This situation was a close call on Stand your Ground that I think it is right for a jury or a judge to decide.

 

You cannot claim "Stand your ground" as defense if the person you shot was retreating or had otherwise ceased attacking you. That is not the purpose of the law.

Here's Florida's statute on use of force, from my reading, I think the shooter is in for a rough time of it. Not that a jury can be predicted, or a judge either, but it does not favorable:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

 

How about you get in the car and leave?

 

This is America, the land of the free and the home of the brave.

 

Yet another case where an armed citizen assumes that stand your ground means armed people like themselves now have the right of "kirisute gomen" 'to cut down and walk away' like the old Japanese Samurai. It's not a matter of self-defense, most all of us go our whole lives and never have occasion to use a gun and if you do it's as likely as not to kill you as your assailant. If you carry a gun around all day it's because you want to USE it.

 

Did he have a chance? The man was threatening his wife.

 

And armed *******s killing us

 

Huge, athletic, angry black guy. Wow talk about setting the stage, how are you going to label the white guy? Armed, cursing, angry white guy. How would most men react if they come out of a store and another man is cursing and raising hell at his wife and kids? He wasn't the police or hell even the store owner, why didn't he just call the police and let them handle where she was parked since that is what they are paid to do.