Florida man charged in 'stand your ground' shooting

HunterDave · #1 08-13-2018, 01:06 PM

Florida man charged in 'stand your ground' shooting: officials

(Reuters) - A Florida man was charged with manslaughter on Monday for fatally shooting another man on July 19 during an argument over a parking spot, after police initially declined to arrest him due to the state’s “stand your ground” self-defense law, officials said.

Michael Drejka, 47, of Clearwater, Florida, U.S. is pictured in this undated handout booking photo obtained by Reuters on August 13, 2018. Pinellas County Sheriff's Office/Handout via REUTERS
Alleged shooter Michael Drejka was taken into custody on Monday, the Pinellas County Sheriff’s Office said in a statement. The suspect was 47 at the time of the crime but turned 48 last week, according to the county jail.

Police had initially not charged Drejka over the July 19 shooting due to the 2005 law, which grants residents the right to use deadly force if they reasonably believe they are at risk of great harm or death. The case was sent to the state attorney’s office for further review.

“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,” said Pinellas County Sheriff Bob Gualtieri in a statement on Monday.

The shooting occurred when Drejka got involved in a shouting match outside a Clearwater, Florida, grocery store with a woman who allegedly parked in a spot reserved for handicapped people without the proper permit, the sheriff’s office said.

The woman’s boyfriend, 28-year-old Markeis McGlockton, approached Drejka and shoved him to the ground, at which point Drejka drew his licensed concealed handgun and shot McGlockton in the chest while his girlfriend and 5-year-old son were inside the store, the sheriff’s office said. It said that Drejka said he was in fear for his life at the time.

Surveillance video of the event went viral online, sparking criticism of the “stand your ground” law on social media. The fact that alleged shooter Drejka is white and victim McGlockton was black also sparked charges that way the law is applied ignored racially-fueled crimes.

The law removed the legal responsibility to retreat from a dangerous situation and allowed the use of deadly force when a person felt greatly threatened. It inspired similar laws in other states and was cited as a factor in the fatal 2012 shooting of unarmed black teenager Trayvon Martin by a volunteer neighborhood watch member.

Backers of “stand your ground” laws say they deter crime.

It was not immediately clear if Drejka had retained a lawyer or if he remained in custody on Monday afternoon.

Clearwater is located on Florida’s Gulf Coast, about 20 miles (32 km) west of Tampa.

https://www.reuters.com/article/us-f...-idUSKBN1KY1VG

Donkey Oatey · #2 08-13-2018, 01:25 PM

I saw the video of the incident a couple weeks ago when it first happened. My first instinct was yes an assault took place. Yes the man was justified in yanking his pistol. He was not justified in pulling the trigger as the guy had his hands up and was walking backwards away from him.

Sorry has nothing to do with race. Buddy pulled the trigger and now must be ready to pay the price.

elkhunter11 · #3 08-13-2018, 01:31 PM

And now that he has been charged, we wait for a jury to decide if he is guilty.

fishtank · #4 08-13-2018, 01:32 PM

Quote:

Originally Posted by Donkey Oatey

I saw the video of the incident a couple weeks ago when it first happened. My first instinct was yes an assault took place. Yes the man was justified in yanking his pistol. He was not justified in pulling the trigger as the guy had his hands up and was walking backwards away from him.

Sorry has nothing to do with race. Buddy pulled the trigger and now must be ready to pay the price.

X2

Ken07AOVette · #5 08-13-2018, 01:55 PM

It's going to be kangaroo court.
He was exercising his right to defend himself.
They tell them to exercise their rights and give them guns.
Only he knew if he was in fear of his life.
Nobody else can say he was or was not.

Donkey Oatey · #6 08-13-2018, 02:04 PM

Quote:

Originally Posted by Ken07AOVette

It's going to be kangaroo court.
He was exercising his right to defend himself.
They tell them to exercise their rights and give them guns.
Only he knew if he was in fear of his life.
Nobody else can say he was or was not.

This biggest thing in this trial will be the video from the store's security cameras. It doesn't look good. Buddy is going to have to prove that he feared for his life.

I agree with there was an assault on his person by the dead guy.

I agree with yanking the pistol.

If buddy would have stood his ground or moved toward him then I would have agreed with pulling the trigger. To bad he wasn't doing either of those things and was backing up.

Let a jury decide what to believe.

bat119 · #7 08-13-2018, 02:16 PM

Based on the video Michael Drejka better take his tooth brush to court he won't be coming home for awhile.

https://www.youtube.com/watch?v=9nFtxkJ7ywg

There's no sound on the video did the dead guy threaten him after the gun was pulled it will be interesting to see what the jury finds.

ren008 · #8 08-13-2018, 02:27 PM

Florida Statutes - 776.012 Use or threatened use of force in defense of person.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Initial assault notwithstanding the guy had his hand's up and was backing away.

Good luck convincing a jury you reasonably believed that the use of deadly force was needed Mr. Drejka, I think you will need it....

Tom Pullings · #9 08-13-2018, 03:04 PM

“The blade itself incites to deeds of violence” (for the weak minded I would add).

I suspect some of these guys living in stand your ground states are just itching to try it out on the first person they clash with. Can’t imagine him getting away with that one. If the guy was coming closer to kick him or something sure, not as he’s clearly spooked by the gun and backing away.

Twisted Canuck · #10 08-13-2018, 03:15 PM

As noted, he was assaulted, and had every right to pull his gun...but when you shoot a man with his hands up and he is backing away, and do it for the cameras, your story of fearing for your life is hollow...especially given the time taken to form a good sight picture and hit the guy in his X ring. Good shooting Tex, but this ain't Dodge....

Will be curious how it plays out. If they can submit his past aggressive behavior before the jury he's is hooped, but I'm not sure the prosecutor can...

Neither of them were 'victims' imo, they both went looking for a violent situation. Lots of ruined lives.

philintheblank · #11 08-13-2018, 03:23 PM

Quote:

Originally Posted by Tom Pullings

“The blade itself incites to deeds of violence” (for the weak minded I would add).

I suspect some of these guys living in stand your ground states are just itching to try it out on the first person they clash with. Can’t imagine him getting away with that one. If the guy was coming closer to kick him or something sure, not as he’s clearly spooked by the gun and backing away.

I agree,

If buddy wasn't packing heat, he probably wouldn't have been such a tough guy to get in someone's face over something as stupid as a packing spot.

Seems to me that as soon as the guy is backing up with hands in the air the threat has been cleared. Probably going to be wearing the an orange jumpsuit for a few years, but I bet he will plead it down and serve minimal time.

Que the 2nd amendment wingnuts.

bobtodrick · #12 08-13-2018, 03:52 PM

Quote:

Originally Posted by Ken07AOVette

It's going to be kangaroo court.
He was exercising his right to defend himself.
They tell them to exercise their rights and give them guns.
Only he knew if he was in fear of his life.
Nobody else can say he was or was not.

The surveillance footage definitely shows the fellow was backing up with his hands raised.
Don't think I'd want to live somewhere if you could be guaranteed a free pass by just proclaiming "I was scared officer".

FQ2 · #13 08-13-2018, 03:58 PM

Play stupid game win stupid prizes.

There both at fault. The dead guy should'nt have stepped over the line and assaulted the other fellow. The shooter was quick on the draw......yet he was physically assualted and probally did fear for his life.

Sticks and stones....

stuckincity · #14 08-13-2018, 04:03 PM

Quote:

Originally Posted by Donkey Oatey

Buddy is going to have to prove that he feared for his life.

He doesn't hafta prove nuthin.
The onus of proof is on the accuser(s).
That's how a PROPER legal system should always work.

Quote:

Originally Posted by elkhunter11

And now that he has been charged, we wait for a jury to decide if he is guilty.

I agree. Gimme a Jury any time over and above anything else.

2 Tollers · #15 08-13-2018, 04:46 PM

The sad and stupid part of this is someone lost their life over a parking stall. Seriously parking in a handicap stall without a sticker was the start of an event that cost a person their life. Sad.

Skoaltender · #16 08-13-2018, 04:52 PM

if getting pushed during an argument constitutes pulling out a weapon and killing someone because you felt your life was at risk, then I should have at least 50 kills to my name. Instead, I deescalated the situation virbally or fought the person with my bare hands like a man. Seems everyone is just hoping and waiting for their opportunity to blast someone these days.

Trochu · #17 08-13-2018, 04:58 PM

Quote:

Originally Posted by bobtodrick

The surveillance footage definitely shows the fellow was backing up with his hands raised.

We must be watching different footage. I see backing up, I don't see hands raised above the waistline till he clutches his chest.

3blade · #18 08-13-2018, 05:42 PM

In Canada, you guys would be right. What he did wouldn’t be ‘reasonable’

In the USA, there is the right to self defense, and this is further defined and advanced by Florida’s stand your ground law.

Once an assault has taken place, its established that there is intent to harm. As long as the assailant is still within striking distance, the shooter can argue he was in fear for his life. I’d bet he was charged more on political/social grounds than any likelihood of conviction.

No, I don’t agree with his decision to shoot, but I’ll bet a jury will find him not guilty. Many Americans fear the opposite precedent; not being allowed to shoot an attacker.

Ken07AOVette · #19 08-13-2018, 06:21 PM

A lot of it would also depend on what was said in the confrontation. Were there death threats, threat of retaliation, did the one guy know where the other's wife worked?
And how to prove it?
There is so little to go on from what we see. Plus now there is only 1 voice.

barsik · #20 08-13-2018, 06:46 PM

Quote:

Originally Posted by Skoaltender

if getting pushed during an argument constitutes pulling out a weapon and killing someone because you felt your life was at risk, then I should have at least 50 kills to my name. Instead, I deescalated the situation virbally or fought the person with my bare hands like a man. Seems everyone is just hoping and waiting for their opportunity to blast someone these days.

not so easy to fight someone when you have some kind of physical disability. getting shoved down hard on the pavement may have caused a head injury or some other problem for the shooter. notice he stays down on the pavement long after the assailant runs into the store, and it looks like he doesn't really know what is going on.

58thecat · #21 08-13-2018, 07:03 PM

Quote:

Originally Posted by ren008

Florida Statutes - 776.012 Use or threatened use of force in defense of person.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Initial assault notwithstanding the guy had his hand's up and was backing away.

Good luck convincing a jury you reasonably believed that the use of deadly force was needed Mr. Drejka, I think you will need it....

Still If after the assault he still felt threatened the shooting was justified.
Maybe not to you, or me or whoever but it's not about us cuz we would have done three back flips and did a kungfoo kick to his Adam's apple.....

58thecat · #22 08-13-2018, 07:06 PM

Quote:

Originally Posted by Skoaltender

if getting pushed during an argument constitutes pulling out a weapon and killing someone because you felt your life was at risk, then I should have at least 50 kills to my name. Instead, I deescalated the situation virbally or fought the person with my bare hands like a man. Seems everyone is just hoping and waiting for their opportunity to blast someone these days.

Those days are over, a good ol fist fight, jeepers can't even raise your voice here in Canada now travel somewhere else and your travel plans might put you in a coffin....gotta be careful.

Skoaltender · #23 08-13-2018, 07:14 PM

Quote:

Originally Posted by barsik

not so easy to fight someone when you have some kind of physical disability. getting shoved down hard on the pavement may have caused a head injury or some other problem for the shooter. notice he stays down on the pavement long after the assailant runs into the store, and it looks like he doesn't really know what is going on.

I understand not everyone has the capabilities to physically defend themselves, I’m referring to this case only. The man who was pushed to the ground had no reason to claim his life was in danger as the danger of the first push had already passed and the man who committed the assault was backing off. If the man proceeded to further the assault then sure, shooting the man would be justified.
I’m not supporting the act the coloured man did, i just don’t feel pushing a man to the ground is grounds for being shot dead. But I understand everyone has their own opinion though.

tri777 · #24 08-13-2018, 07:39 PM

Quote:

Originally Posted by barsik

not so easy to fight someone when you have some kind of physical disability. .

If one knows he has disabilities, then don't act as he did

@2ecs (stern head movement/lecturing)
@6secs (aggressive mannered pointing)
To me, that is approaching a certain trait of threatening behavior.

BOTH were way over the top fuel driven ego types ending
with a lethal dose of trigger happy. (3X he fired, excessive)

Kurt505 · #25 08-13-2018, 07:44 PM

Quote:

Originally Posted by FQ2

Play stupid game win stupid prizes.

There both at fault. The dead guy should'nt have stepped over the line and assaulted the other fellow. The shooter was quick on the draw......yet he was physically assualted and probally did fear for his life.

Sticks and stones....

Agreed.

The guy who did the assault was a hot head, the guy who was assaulted was just waiting to come across a guy who would give him a reason to pull his pistol.

Now we wait for the verdict.

Kurt505 · #26 08-13-2018, 07:56 PM

Quote:

Originally Posted by Trochu

We must be watching different footage. I see backing up, I don't see hands raised above the waistline till he clutches his chest.

And if you watch close you can see he slams the guy then looks at his ol' lady to say something and is still moving towards the guy on the ground, then as he turns his attention back to the guy on the ground he sees the gun and has an "oh chit" moment, he doesn't seem too concerned but it's enough to stop him from advancing. That is the moment the safety should have went back on but instead he pulls the trigger and I think that's what'll get him in jail.

Hard to say for sure what would have happened next, but I would say the guy would be alive today if he never assaulted the other guy.

Trochu · #27 08-13-2018, 08:26 PM

Quote:

Originally Posted by Kurt505

And if you watch close you can see he slams the guy then looks at his ol' lady to say something and is still moving towards the guy on the ground, then as he turns his attention back to the guy on the ground he sees the gun and has an "oh chit" moment, he doesn't seem too concerned but it's enough to stop him from advancing. That is the moment the safety should have went back on but instead he pulls the trigger and I think that's what'll get him in jail.

Hard to say for sure what would have happened next, but I would say the guy would be alive today if he never assaulted the other guy.

Agreed entirely.

James Henry · #28 08-13-2018, 10:00 PM

Exactly!!!
Don't steal a farmer's truck and you wont get shot...

James Henry · #29 08-13-2018, 10:04 PM

Too much crime, too many thieves, too many thugs and too many gangsta's.
Be a good person, lead a good life and this crap shouldn't happen
my 2c

bobalong · #30 08-13-2018, 10:40 PM

Quote:

Originally Posted by Kurt505

And if you watch close you can see he slams the guy then looks at his ol' lady to say something and is still moving towards the guy on the ground, then as he turns his attention back to the guy on the ground he sees the gun and has an "oh chit" moment, he doesn't seem too concerned but it's enough to stop him from advancing. That is the moment the safety should have went back on but instead he pulls the trigger and I think that's what'll get him in jail.

Hard to say for sure what would have happened next, but I would say the guy would be alive today if he never assaulted the other guy.

Everyone always like to forget who initiated the first (bad act) especially when the aggressor loses the confrontation. No violent push to the ground no incident.

I can't believe how many people on here are so quick to jump on the guy defending himself. How do you know the guy never hollered at the guy on the ground to put that gun away or he would shove it up his azz. Was the guy winded, sprained/broke a leg or ankle, banged his head, so many things could have happened after a push like that to make a person feel vulnerable.

"Blame the victim" sounds like a lot of Liberals decided to comment on this one. Like Ken stated NO ONE knows when another persons life feels threatened.