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Stand Your Ground Florida, Stand Your Ground

This is The End

Penultimate Amazing
Joined
Sep 14, 2007
Messages
10,925
I'm at a loss for words. This man went outside to protect the mother of his son... He saw a man screaming at her. He tried to protect her. And in Florida that means you get shot dead. He bleeds out in front of her and their son.

#1: We can only hope the state attorney does not count being pushed for yelling at someone a reasonable threat on ones life.

#2: Even if the correct thing is done in this case, the law needs to be repealed ASAP.



Britany Jacobs, 24, was sitting in her car in a handicapped parking space outside a Circle A Food Store while her boyfriend Markeis McGlockton, 28, and their son Markeis McGlockton Jr., 5, went into the store.

While the father and son were in the store, Jacobs was approached by Michael Drejka, 47, police said. The two then got into an argument because of where Jacobs was parked, according to police.

"According to witnesses, McGlockton exited the store and walked over to Drejka who was still arguing with Jacobs in the parking lot. Witnesses say McGlockton forcibly pushed Drejka causing Drejka to fall to the ground. Witnesses told detectives that Drejka was on the ground when he took out a handgun and fired one single round at McGlockton striking him in the chest," police said in a statement.



"I don't make the law. I enforce the law," Pinellas County Sheriff Bob Gualtieri said during a news conference today. "The law in the state of Florida today is that people have a right to stand their ground and have a right to defend themselves when they believe that they are in harm."


Go **** yourself Florida.
 
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They both seemed to be hotheads, McGlockton pushed Drejka down - but then made no further move.

You don't need to think that McGlockton's behavior was perfect to understand that Drejka was not really in danger anymore. Seems like this ought to be prosecutable - McGlockton was backing away with his hands at his side.

This seems much more clear cut than the Martin/Zimmerman shooting - and not in favor of the man with the gun.
 
It's possible the shooter was looking for a fight.
It wasn’t the first time he saw Drejka in a fight with another customer. A couple of months back, Rick Kelly stopped by the store, parking his tanker truck in the same handicap spot.

The details to Thursday’s incident are similar: Drejka walking around the truck checking for decals, then confronting Kelly, 31, about why he parked there. The fight escalated, and Drejka threatened to shoot him, Kelly said.

"It’s a repeat. It happened to me the first time. The second time it’s happening, someone’s life got taken," Kelly said. "He provoked that."


And unlike the Zimmerman shooting this one has an on scene witness other than the shooter.

Ranb
 
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Park your jalopy in a handicap spot.
Someone tells you to move it.
Getting in screaming argument.
Hulking boyfriend blindsides guy twice his age.
Hulking boyfriend removed from gene pool.

Yeah, not too upset about this one.

(Ain’t that just like a guy who would park in a handicapped spot, he brought a shove to a gun fight)
 
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They both seemed to be hotheads, McGlockton pushed Drejka down - but then made no further move.

You don't need to think that McGlockton's behavior was perfect to understand that Drejka was not really in danger anymore. Seems like this ought to be prosecutable - McGlockton was backing away with his hands at his side.

This seems much more clear cut than the Martin/Zimmerman shooting - and not in favor of the man with the gun.


Which is why when there are two hotheads one of them had better draw first.
 
I don't think this is the most clear-cut abuse of the stand-your-ground defense. The shooter here had at least some vague reason to believe he needed to defend himself. Zimmerman didn't have anything other than his own self-reported (and racist) fear.

But I agree that the law is not doing what it was intended to and should be abolished.
 
I don't think this is the most clear-cut abuse of the stand-your-ground defense. The shooter here had at least some vague reason to believe he needed to defend himself. Zimmerman didn't have anything other than his own self-reported (and racist) fear.

But I agree that the law is not doing what it was intended to and should be abolished.

Zimmerman claimed they were fighting Martin was getting the upper hand in the fight. Zimmerman did have a few injuries, they looked minor.

Under Florida law, that's all he needed.

This guy does not even have that.
 
I call BS. He shot him because he was pissed, not because the threat continued. If the law says 'no matter what' then it needs to be rewritten.
 
Would you consider the "threat continuing" if the KNOCKER-DOWNER" told the "KNOCKED-DOWN" "get up and i'll knock you down again". You guys must not have been in the kind of fights I've experienced, one participant getting put on the ground rarely results in the other backing off and stopping the fight.
That being said the stand your ground thing's recipe for legal murder
 
I'm going to call BS in this too. The Police need to charge him. If he wants to claim SYG, then let him do it before a Judge.
 
I'm going to call BS in this too. The Police need to charge him. If he wants to claim SYG, then let him do it before a Judge.

Agreed. Drejka initiated and escalated the conflict. He should be staring down murder 2 and have to prove otherwise if he thinks he can
 
Would you consider the "threat continuing" if the KNOCKER-DOWNER" told the "KNOCKED-DOWN" "get up and i'll knock you down again". You guys must not have been in the kind of fights I've experienced, one participant getting put on the ground rarely results in the other backing off and stopping the fight.
That being said the stand your ground thing's recipe for legal murder

Tough to claim self defense when you picked the fight.
 
Would you consider the "threat continuing" if the KNOCKER-DOWNER" told the "KNOCKED-DOWN" "get up and i'll knock you down again". You guys must not have been in the kind of fights I've experienced, one participant getting put on the ground rarely results in the other backing off and stopping the fight.
That being said the stand your ground thing's recipe for legal murder

I disagree with SYG being a recipe for murder, the problem is that it's not being enforced or understood correctly.

This is the Law...

(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.

SYG doesn't mean that you can just pull out your gun and start blasting if you feel threatened, as some seem to think it does.

SYG only means that if you are threatened in a place you are legally allowed to be, you don't have the legal duty to retreat so as to prevent the situation escalating.

It is a part of the Self Defense laws which state that "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."

What I disagree with the Sheriff here is that being pushed over gives a person a reasonable belief "that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself..."

This is why I believe that any SYG claim needs to be made in front of a Judge, not determined by the Sheriff.


As a couple of side notes, so as not to derail...

Zimmerman never claimed SYG, his claim was pure self defense.

He claimed that he was attacked, his head bashed against concrete, and then that Martin reached for his (Zimmerman's) gun during the struggle.

The prosecution was unable to disprove any of these claims.
 
Agreed. Drejka initiated and escalated the conflict. He should be staring down murder 2 and have to prove otherwise if he thinks he can

Ridiculous. The deceased came out of the store and blind sided him., slamming the victim to the concrete.

The deceased chose poorly.
 
Ridiculous. The deceased came out of the store and blind sided him., slamming the victim to the concrete.

The deceased chose poorly.

Being knocked to the ground by someone is not enough to have a reasonable belief that the person is then going to inflict great bodily harm, or that you are facing imminent death.
 
Being knocked to the ground by someone is not enough to have a reasonable belief that the person is then going to inflict great bodily harm, or that you are facing imminent death.

Disagree. The deceased blindsided him and wrecked him. That would be 15 yards and an ejection for targeting. The guy who got blindsided seemed totally dazed.

Pro tip, do not park in handicapped spots.
 
Ridiculous. The deceased came out of the store and blind sided him., slamming the victim to the concrete.

The deceased chose poorly.
If only the guy had a camera instead of a gun. Then he could have shot some snaps and notified the authorities with the evidence of illegal parking, instead of starting arguments while armed.
 
If only the guy had a camera instead of a gun. Then he could have shot some snaps and notified the authorities with the evidence of illegal parking, instead of starting arguments while armed.

Takes two to argue, don’t it? She quite easily could have moved her hoopty out of the handicapped spot, she chose poorly.
 

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