Re: Man who shot father in Florida 'stand your ground' killing charged with manslaughter
You continue your misguided statements.
LOL Says you, the one who is misguided and ignorant of what they speak.
The state attorney charging Drejka is BOTH him exercising his authority, AND him overruling the sheriff.
As wrong as you are ignorant of what you speak, as usual.
That is not an over-ruling.
The DA is in no position to over-rule the Sheriff.
Their jobs are separate and distinct and neither can over-rule the other.
You simply know not of what you speak.
The sheriff failed to arrest Drejka thinking he was within the bounds of SYG, and the state attorney charged him with manslaughter because he did NOT think he was within the bounds of stand your ground. Your statement that Drejka was within the bounds carries no weight whatsoever; he has been charged with manslaughter, meaning the state attorney clearly believes by looking at the video, that Drejka was outside the bounds of SYG.
No. You do not understand the law as written or the Sheriff's duties under the law. Sheriffs to not operate on what they think they can prove or can be proven like a prosecutor does, they have to operate on probable cause. The Sheriff had no probable cause to arrest, because his stated fear does fit with-in the book-ends of the laws requirements.
First you have to refer to
776.012 §2.
A person is justified in using deadly force if they "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."
Being slammed to the ground as he was would caused anyone to have the required reasonable belief, which Drejka related to the Law Enforcement agency.
Then you have to refer to
776.032 §2 -
A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.
It is truly sad that you clearly do not understand and are willing to argue that which you know not.
If the state attorney thinks he can PROVE manslaughter, then clearly he does not believe Drejka would prevail at trial based on SYG, or he would not have charged him with manslaughter.
Oy vey!
Angela Corey thought she could
prove Zimmerman guilty of second-degree murder and yet she didn't.
Most reasonable people knew she couldn't, yet she charged him anyways.
So spare me the nonsense of how you think a prosecutor makes decisions. They make that decision, not the Sheriff, and it is not an over-ruling of the Sheriff as it is a totally different process.