Florida Stand Your Ground Shooting. Prison time or Miller time?

[King_G]

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[bakin7005]

Looks like a big wuss (only word I can use here) with a gun policing parking lots, looking for trouble.

No one won here, not the dead guy angry someone is yelling at his girlfriend or the shooter who should let the police be the police.

Or his kids.

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[35remington]

you can’t start a confrontation, shoot someone, then claim “stand your ground.”

Read again:

776.041 Use or threatened use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to a person who:
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

So two questions for the jury here. (1) did Drejka PROVOKE the shove? If you answer no, the killing was justified. If you answer yes, (2) did Drejka reasonably believe he was in imminent danger of death or great bodily harm? If so, the killing was justified.

Both created their confrontational situation then shot an unarmed person.

We can agree to disagree on this. I don't think telling someone not to park in a handicapped spot is creating a life or death confrontation. But I think linebackering a man to the ground is.

Unless there is something very significant that this video is not showing then he had no reason to shoot that guy. Do I think he was justified in pulling his weapon to insure nothing else happened? Sure. But he had no right to shoot that man.

There is no distinction in the law between pulling the weapon and shooting the weapon.

[DRT]

If I came out of a store to a man being vulgar and confrontational to my wife I promise you I would be confrontational. Drejka was fortunate he just got a shove.

[RiverRat1]

So now white people (or anyone) can tell a black person they are stealing, to quiet down because they're being rude, ask why they're in a handicap parking spot, or anything else without becoming the one starting a confrontation?

LOL Lets just bow down to them and let them take over.

[Dirtymike]

If I came out of a store to a man being vulgar and confrontational to my wife I promise you I would be confrontational. Drejka was fortunate he just got a shove.

Please share the audio clip of his vulgar and confrontational conversation.

[johnpaul]

There is no distinction in the law between pulling the weapon and shooting the weapon.

Meaning what? That he would have been charged with First Degree Murder even if he had pulled his weapon and not killed the guy?

[Parramore]

This guy deserves his day in court and he's going to get it. The DA needed to charge him. He had plenty of time to decide not to shoot but did anyway. Yelling at a woman in her car with her children will get 10 out 10 husbands/BFs up in your business quickly. Sadly, multiple bad decisions compounded and ended up costing a man his life.

[Razorback01]

Note these 3 comments from the Fox News article;

"The complaint stated that detectives recorded the crime scene with a 3D scanner showing that the distance between Drejka and McGlockton at the time of the shooting was about 12 feet.

It also stated that the findings of the autopsy were consistent with the video footage of the shooting in which McGlockton appeared to be turning away from Drejka when he was shot.

In addition, the complaint said that in 2012 Drejka (the shooter) displayed a gun during two separate road rage incidents in which he was never charged."

[Thumper]

The Sheriff will be the first defense wittiness called to the stand.

[okrattler]

Note these 3 comments from the Fox News article;

"The complaint stated that detectives recorded the crime scene with a 3D scanner showing that the distance between Drejka and McGlockton at the time of the shooting was about 12 feet.

It also stated that the findings of the autopsy were consistent with the video footage of the shooting in which McGlockton appeared to be turning away from Drejka when he was shot.

In addition, the complaint said that in 2012 Drejka (the shooter) displayed a gun during two separate road rage incidents in which he was never charged."

Almost seems like the law dropped the ball on that one. How many DUI's can a person get before they're told they can't drive anymore? Seems like they'd be even more strict on someone that's licensed to carry a firearm and is obviously not mentally stable enough to carry one without pulling it out every time he gets mad.

[Razorback01]

That is my opinion as well, loose cannon just looking for a reason to shoot someone.

[175gr7.62]

Florida Stand Your Ground Shooting. Prison time or Miller time?

Let’s simplify all this. If they hadn’t broken the law by parking in the handicap spot none of this would have happened.

To all you that say he should have let the police handle it.....what is the difference in parking in a handicap spot and stealing a tip jar off some waitress’ bar. If you saw someone do that would you say something or call the cops. If he was slapping his ol’lady around would you say something to him or call the cops?

I don’t know the whole story but these thugs gonna eventually get the point that grown men talk their problems out. You put your hands on me bad,bad things are liable to happen.

My personal opinion is that I wouldn’t have shot him because I consider myself better than most with my hands but the way the law is written you can’t go around getting physical with folks.


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[TX CHICKEN]

Let’s simplify all this. If they hadn’t broken the law by parking in the handicap spot none of this would have happened.

To all you that say he should have let the police handle it.....what is the difference in parking in a handicap spot and stealing a tip jar off some waitress’ bar. If you saw someone do that would you say something or call the cops. If he was slapping his ol’lady around would you say something to him or call the cops?

I don’t know the whole story but these thugs gonna eventually get the point that grown men talk their problems out. You put your hands on me bad,bad things are liable to happen.

My personal opinion is that I wouldn’t have shot him because I consider myself better than most with my hands but the way the law is written you can’t go around getting physical with folks.


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Do you call the cops everytime you see someone speeding? I have a mom that is handicapped but to me there is big difference between stealing and parking in a handicap spot. The shove was bad but not deserving of a gunshot in my opinion. The shooter has a past that makes him look like a hot head and that will be his downfall.

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[35remington]

Meaning what? That he would have been charged with First Degree Murder even if he had pulled his weapon and not killed the guy?

Meaning that you are wrong if you think a situation exists when it’s ok to draw but not legal to shoot.