Florida man could avoid charges in fatal shooting because of 'stand your ground' law

[apdst]

Except that is not when Drejka fired the gun. Drejka drew the gun and waited for him to back off before shooting him.

McGlockton displayed a willingness to press the attack. He gave Drejka the grounds to defend himself.

 

[justabubba]

That’s not something I accept.

then you would be wise to refuse to physically assault someone in a stand-your-ground state

There need to be reasonable limitations on what that means.

what that means is rather straight forward: if you are assaulted to the point that you fear for your life or person, or the life/person of another, then you have license to defend yourself/person/other person even to the extent of killing that person committing the physical assault

Commiting homicide shouldn’t be a legal option just because you started a fight and got your ass handed to you.

you are telling us that someone should be content to be a punching bag and should not be able to terminate the assault, even if that requires killing the assaulting person in self defense
here's how you prevent that life-ending outcome: refuse to physically assault someone

There is no interpretation of this video that leads to a reasonable conclusion that his life was at imminent risk.

i know i have already shared the florida law, which authorizes such determination that one is able to stand their ground if they believe their life or person or that of another is at risk "of great bodily harm". here it is again:
Statutes & Constitution :View Statutes : Online Sunshine
and here is the salient passage; i encourage you to read it to understand the latitude give the victim to determine what constitutes belief that they are subject to imminent bodily harm:

(b) 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.

He started a confrontation,

the subsequent shooter initiated a verbal conversation; he was not the initiating party of a physical assault upon another - until he became a victim of such a physical assault

... he was pushed to he ground,

he was physically assaulted

... the other man appears to have advanced towards him,

which, combined with the physical assault, could have caused the subsequent shooter to reasonably believe "use [of] such force is [was] necessary to prevent imminent death or great bodily harm to himself"

... he pulled out his piece,

to take legal action against his assailant

... and the man backed off.

only after the subsequent shooter drew his hand gun and took aim at his assailant, having already come to the reasonable belief that "use [of] such force is [was] necessary to prevent imminent death or great bodily harm to himself"

... It could have ended there, but he chose to sit there and watch the man back away before shooting him in the chest.

it did not end there because his assailant showed no indication he was vacating the scene, thereby ending the subsequent shooter's basis to believe that the "use [of] such force is [was] necessary to prevent imminent death or great bodily harm to himself"

... Pushing is bad manners, but it shouldn’t be a capital offense.

physical assault can be terminal in a stand-your-ground state. those inclined to initiate physical assault need to understand that reality. the now dead baby daddy obviously failed to learn that lesson after the trayvon martin shooting

 

[Oborosen]

If McGlockton had just run or went back inside of the shop. This could've ended so much better than it did.

 

[AGENT J]

it did not end there because his assailant showed no indication he was vacating the scene,

well you just proved you didnt watch the video LMAO always funny when lies completely bite the dust and get exposed

 

[MateoMtnClimber]

https://www.cnn.com/2018/07/23/us/florida-stand-your-ground-fatal-shooting/index.html

"Sheriff Gualtieri said the only relevant issue is whether Drejka was in fear of further bodily harm from McGlockton." Of which there was no indication that it would occur

This is insane. An argument over a parking space costs a man his life. The guy who shot him started a confrontation (and when he was thrown to the ground (and no more) he shot the guy who stopped him from harassing his girlfriend

Self defense is, of course, justifiable, but when I saw the video the other day, my heart sunk. That was a murder. Now, certainly the shooter could claim self defense and rely on the stand your ground law, but he should have to make that case to a judge and jury. He wasn't even charged with anything. I think the sheriff should be fired.

 

[justabubba]

well you just proved you didnt watch the video LMAO always funny when lies completely bite the dust and get exposed

being so well acquainted with the video, please identify the specific time of the video where the subsequently deceased man vacates the scene

 

[justabubba]

Self defense is, of course, justifiable, but when I saw the video the other day, my heart sunk. That was a murder. Now, certainly the shooter could claim self defense and rely on the stand your ground law, but he should have to make that case to a judge and jury. He wasn't even charged with anything. I think the sheriff should be fired.

the jury finding zimmerman not guilty should be sufficient reason to recognize this would be a case any prosecutor would lose

 

[AGENT J]

being so well acquainted with the video, please identify the specific time of the video where the subsequently deceased man vacates the scene

LMAO nice try but a HUGE failure . . . additional lies wont work. i have no obligation to show "he vacated the scene" since i never made that claim and since that is NOT what you said LMAO

you said: "showed no indication he was vacating the scene" that is factually not true.

so your options are:

A.) show integrity and honesty and admit your mistake
B.) continue your lie and ill continue to mock it and point it out proving it factually wrong over and over gain :shrug:
C.) run away

 

[Moot]

i look at it from a different perspective
be responsible for your own behavior
know that if you choose to physically attack someone, you have just given that person license to kill you in self defense

What if the boyfriend, McGlockton was afraid for his girl friends safety and stepped in to protect her? Wouldn't a physical shove count as "stand your ground?"

 

[AGENT J]

What if the boyfriend, McGlockton was afraid for his girl friends safety and stepped into protect her? Wouldn't a physical shove count as "stand your ground?"

and thats why the way the florida law is written is so ****ty . .

better yet we know the guy was yelling at her and harassing her by all the attention it gathered and because people went into the story telling others thats what was happening, what if the clerk said "oh no thats probably crazy larry, he always confronts people outside over spaces, he just threatened to kill a guy the other day" ....

again NOT saying that happened . . . or that makes his actions ok IMO but with the law written so ****ty most confrontations could be argued as a a solid case

i have guns
i have CWP
i support castle doctrine\stand your ground laws

I do NOT support Florida SYG nor do i "personally" support this shooting. IMO the guy is a nut case and a huge *****

 

[MateoMtnClimber]

the jury finding zimmerman not guilty should be sufficient reason to recognize this would be a case any prosecutor would lose

I'm sure that you're right. This is FL after all. The man should face charges though. He shot another person to death on a sidewalk.

 

[MateoMtnClimber]

What if the boyfriend, McGlockton was afraid for his girl friends safety and stepped in to protect her? Wouldn't a physical shove count as "stand your ground?"

In that case, he should have shot his murderer before he got killed.

 

[Moot]

and thats why the way the florida law is written is so ****ty . .

better yet we know the guy was yelling at her and harassing her by all the attention it gathered and because people went into the story telling others thats what was happening, what if the clerk said "oh no thats probably crazy larry, he always confronts people outside over spaces, he just threatened to kill a guy the other day" ....

again NOT saying that happened . . . or that makes his actions ok IMO but with the law written so ****ty most confrontations could be argued as a a solid case

i have guns
i have CWP
i support castle doctrine\stand your ground laws

I do NOT support Florida SYG nor do i "personally" support this shooting. IMO the guy is a nut case and a huge *****

Yeah, but they have the boyfriend on video using the only weapon he had to protect his family from a deranged man with a CCW and a history of harassment and making threats.

It would help to know if Drejka had threatened the girlfriend like he did to another person just a few weeks before. Where's the video of Drijka first confronting her I wonder?

 

[justabubba]

LMAO nice try but a HUGE failure . . . additional lies wont work. i have no obligation to show "he vacated the scene" since i never made that claim and since that is NOT what you said LMAO

you said: "showed no indication he was vacating the scene" that is factually not true.

so your options are:

A.) show integrity and honesty and admit your mistake
B.) continue your lie and ill continue to mock it and point it out proving it factually wrong over and over gain :shrug:
C.) run away

it appears you now finally recognize that the baby daddy did not vacate the scene until after he was shot in self defense

unless you are able to prove that the shooter could not have been in reasonable belief that he was at imminent risk of bodily harm, then the shooter walks consistent with the law

 

[justabubba]

What if the boyfriend, McGlockton was afraid for his girl friends safety and stepped in to protect her? Wouldn't a physical shove count as "stand your ground?"

did the subsequent shooter make any attempt to physically harm the baby mama? if not, then no, the baby daddy had no legal basis to initiate physical assault

 

[Moot]

In that case, he should have shot his murderer before he got killed.

He was unarmed. It doesn't seem fair that an unarmed man defending his family doesn't count as SYG.

 

[justabubba]

and thats why the way the florida law is written is so ****ty . .

better yet we know the guy was yelling at her and harassing her by all the attention it gathered and because people went into the story telling others thats what was happening, what if the clerk said "oh no thats probably crazy larry, he always confronts people outside over spaces, he just threatened to kill a guy the other day" ....

again NOT saying that happened . . . or that makes his actions ok IMO but with the law written so ****ty most confrontations could be argued as a a solid case

i have guns
i have CWP
i support castle doctrine\stand your ground laws

I do NOT support Florida SYG nor do i "personally" support this shooting. IMO the guy is a nut case and a huge *****

doesn't matter whether you 'support' the SYG law. it's the law

 

[AGENT J]

Yeah, but they have the boyfriend on video using the only weapon he had to protect his family from a deranged man with a CCW and a history of harassment and making threats.

It would help to know if Drejka had threatened the girlfriend like he did to another person just a few weeks before. Where's the video of Drijka first confronting her I wonder?

well the bolded part is opinion and after the fact . . i may agree with that opinion but dosnt mean much towards the law.

 

[justabubba]

I'm sure that you're right. This is FL after all. The man should face charges though. He shot another person to death on a sidewalk.

in self defense
that's what allows him to walk away without wearing handcuffs

 

[AGENT J]

1.)it appears you now finally recognize that the baby daddy did not vacate the scene until after he was shot in self defense
2.)unless you are able to prove that the shooter could not have been in reasonable belief that he was at imminent risk of bodily harm, then the shooter walks consistent with the law

LMAO so you chose B continue to lie. AWESOME

1.) can you quote where i sad the guy vacated the scene? please do so now . . oh thats right you cant because that was ANOTHER lie you made up
2.) dont need too YOUR STATEMENT/CLAIMS is factually wrong as the video proves that fact. Your lies fail again

so your options are:

A.) show integrity and honesty and admit your mistake
B.) continue your lie and ill continue to mock it and point it out proving it factually wrong over and over gain
C.) run away

 

[justabubba]

Yeah, but they have the boyfriend on video using the only weapon he had to protect his family from a deranged man with a CCW and a history of harassment and making threats.

protect his family from a guy who is VERBALLY inquiring why the baby mama parked illegally in a disabled parking space?

It would help to know if Drejka had threatened the girlfriend like he did to another person just a few weeks before. Where's the video of Drijka first confronting her I wonder?

more significantly, where is the police report from the previous incident?
otherwise, this is a bogus argument which proves nothing

 

[AGENT J]

doesn't matter whether you 'support' the SYG law. it's the law

Can you quote where i said my support matters to the law? oh thats right i didnt, ANOTHER post and strawman of yours completely fails LMAO

 

[Moot]

did the subsequent shooter make any attempt to physically harm the baby mama? if not, then no, the baby daddy had no legal basis to initiate physical assault

We don't know. That's why I wonder why we don't see the full video footage of the shooter approaching the girl friend's car so we can see his body language. And why didn't the news interview the other witnesses that heard the shouting? It would be interesting to know what they heard the shooter say before the boyfriend came out of the store.

 

[AGENT J]

We don't know. That's why I wonder why we don't see the full video footage of the shooter approaching the girl friend's car so we can see his body language. And why didn't the news interview the other witnesses that heard the shouting? It would be interesting to know what they heard the shooter say before the boyfriend came out of the store.

the whole video is in post 25, i posted it. He is clearly berating her, people stop and watch and people also went into the store and notified others what was happening outside.

 

[Moot]

well the bolded part is opinion and after the fact . . i may agree with that opinion but dosnt mean much towards the law.

It's an opinion based on the evidence....and so was the Sheriff's.

Another man came forward and said that Drejka had threatened to shoot him just a few weeks before over the same parking spot. And the store owner said that Drejka had a history of starting confrontations in front of his store and that Drejka had told him that he "just can't help himself."

Gunman confronted another man weeks before fatal shooting