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Stand Your Ground Florida, Stand Your Ground

You're as wrong as TBD on this, and for basically the same reason. First off, the definition of the crime:
https://en.wikipedia.org/wiki/Battery_(crime)

Battery was defined at common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him."​

So first, a push can absolutely qualify as battery, it doesn't have to rise to the level of deadly force. Second, while force is justifiable in defense, 1) it doesn't matter who you are defending, so the whole "spouse, toddler, and a newborn" is just as much an attempt to appeal to emotion as TBD's insistence on not calling her a spouse (and no, I'm not saying she isn't, I'm saying it's irrelevant). Third, you can't use force, even non-deadly force, against the "threat" of someone saying not nice things, even in a loud voice.

Drejka had approached Jacobs. Drejka was repeatedly gesticulating and finger pointing at her. He was being abusive towards her.

They are all precursors to an attack. Attacks rarely come completely out of the blue and are normally preceded by an angry person approaching another.
 
Do you accept we have a very good idea what McGlockton was thinking and in his mind he was defending his partner from an aggressive male?

Do you accept the push may have been the only physical act and if Drejka had no gun and had just got up and left that could have been it?

Do you accept that if Jacobs had moved her car when it was pointed out that she was in a disabled parking spot that that would have been the end of it?
 
Drejka had approached Jacobs. Drejka was repeatedly gesticulating and finger pointing at her. He was being abusive towards her.

They are all precursors to an attack. Attacks rarely come completely out of the blue and are normally preceded by an angry person approaching another.

Jacobs did not act like she was scared of Drejka. And pointing a finger isn't a threat.
 
In no first world country is one push to defend a spouse, toddler, and a newborn considered "battery".

To second what Zig said, if there's a touch of any sort, it's battery. I was once part of a group that had someone arrested for battery for a much less violent attack. It was two drunks looking for a fight. Four of us went into a doughnut shop. They challenged us. We declined. One of them put a hand on my friend's shoulder. They were charged with assault and battery.

(The four of us would have been no match for the two of them. We were four stereotypical engineering majors. They were two big guys who liked to get into bar fights.)
 
It appears a male went into the shop, said something to McGlockton about what he saw outside and McGlockton went to deal with what he regarded as a threat to his partner.

Yeah, there's no whiteknight exemption to the crime of battery. Shoving someone to protect the dignity of your ladyfriend being verbally harangued is still battery. Drejka could have unleashed a 30 minute, rabidly derogatory and misogynistic diatribe at the woman in the car and even then the shove would not be justified. Unless he was explicitly threatening her with violence or some other crime, there is no justification for the shove.

McGlockton had many legal options to confront Drejka that would still have satisfied any perceived insult to his girlfriend. He chose an unlawful one. We don't have to paint him as a saint to correctly conclude that Drejka still likely used unlawful deadly force.
 
What does that mean in reality? That I should allow attackers to beat me unconscious before deciding that they're a threat and defending myself? The standard we should all be held to is the law, and in this case I think it was a bad shoot. But as always, it seems to be turning into a defense of the ability to defend yourself and specifically, SYG laws.

Not really. Self-defense is a broad topic, and shooting others a very narrow one. No one questions the right to self defense AFAIK (there may be some hard-core pacifists running around, but not here). You agree the OP was not a clean kill. Agreed, but I would say the issue of self defense doesn't even come up. The OP (to me, anyway) asks 'when can you kill someone?' not 'when can you defend yourself?'

Since I live in Florida and have a weapons permit, I don't need to speculate on when it is or is not illegal to display my firearm. "Brandishing" or improper exhibition of a firearm is illegal, but self-defense situations are exceptional. I also disagree that the assault was necessarily "non-lethal". As I said earlier, being violently shoved to the ground can be lethal in a number of circumstances. We also don't know Glockton's motives, or what would have happened had Drejka not drawn his gun. Also, as I said before, I am not in the business of harassing people for parking infractions, so I wouldn't be in that position to begin with. If, on the other hand, someone shoved me violently to the ground, I would have drawn my firearm and pointed it at them. If they disengaged, I would then try to gather my wits and get to a safe position. If not, I would open fire and stop firing when I was no longer threatened. I would assume by default that anyone violently shoving me out of the blue is planning to kill or rob me, and act accordingly.

About that hilited...I don't think that falls under imminent threat of death/serious bodily injury.

So you would 'assume' that someone shoving you plans to kill you? And if they intend to rob you, same? There's no middle ground at all for a less grave assault? They literally do not exist? Your spectrum of self-defense response is to shoot someone, or threaten to do so? Do I have that right?

Because any situation for which I'm willing to use pepper spray, I am willing to draw my gun and then re-assess the situation. Obviously if someone attacks me even with a gun drawn on them, then they were probably intent on killing/harming me anyway.

Ok. Pepper spray, being lighter, cheaper, less dangerous to bystanders, and generally non lethal, is not an option for you...because you have the option to shoot them instead?

Not at all. I respect all people's lives, starting with my own, and I conduct myself accordingly. You won't find me assaulting people or shoving them to the ground. Maybe you're the one who has a lack of respect for all of the victims of violent crimes who either didn't or couldn't fight back.

Yours truly is a great fan of fighting back. Not a fan of killing, though.

Let me try it this way: Do you carry your gun 24/7? In the shower, sleep with it under your pillow, etc. Carry it where it may be prohibited? If not, and your concern is sincerely self-defense, what is your plan for the times when you cannot reach your gun?

Say. for instance, you are suddenly accosted and do not have access to your gun, or it malfunctions, or is taken from you, or whatever. Since you have a legitimate and deep concern for self preservation, to the point of being willing to kill others, what efforts and preparations have you made for those eventualities? Something at least comparable to the expense of a firearm, permits, range time, etc? This is your life we are talking about, so what other efforts have you made to defend it?
 
Let me try it this way: Do you carry your gun 24/7? In the shower, sleep with it under your pillow, etc. Carry it where it may be prohibited? If not, and your concern is sincerely self-defense, what is your plan for the times when you cannot reach your gun?

Don't try it that way. Seriously, that's just a dumb argument.
 
You don't understand the law. The law (at least in Florida), states clearly that the use of lethal force must stop when the threat stops (or, in this case it should never have started). If you want, I can look it up and cite it for you. It was a one-on-one encounter with an armed man who began the incident by harassing another man's girlfriend. There is also another law which states that you cannot provoke a person into attacking you for the purpose of using lethal self-defense. I can look that up and cite it for you as well, if you'd like.

It was a bad shoot. I'm a gun owner who firmly believes in both the 2nd amendment, and SYG laws, and it was a bad shoot. It makes me and other rational law-abiding gun owners look bad. If you can't rationally assess a situation and/or control your anger to the point at which you end up murdering someone, then you deserve to be held accountable as this man should be.

Having said all of that, I think it's likely that the attack would have continued had the man not drawn his gun. The problem was that Drejka decided to pull the trigger on a retreating man. We don't get to be judge, jury and executioner just because we get shoved on the street, in spite of the people on this thread who have absolutely zero sympathy for the victims of violence, and those who would defend themselves. Drejka should suffer the consequences of his actions.

This is a good post. I think the bolded is very important. If gun owners want to support this shooting they can expect other citizens to change the law. This is not what the voters agreed to.

I think this somewhat mirrors the gun control discussion in general. Don't defend the bad cases if you don't want the laws to change. Maybe even propose laws that are in line with your own since of what it means to be a responsible gun owner and that will keep more restrictive laws at bay.
 
This is a good post. I think the bolded is very important. If gun owners want to support this shooting they can expect other citizens to change the law. This is not what the voters agreed to.

I think this somewhat mirrors the gun control discussion in general. Don't defend the bad cases if you don't want the laws to change. Maybe even propose laws that are in line with your own since of what it means to be a responsible gun owner and that will keep more restrictive laws at bay.

Critics of Stand Your Ground laws were criticized for characterizing the law as "Make My Day" laws, which is a quote from the movie Dirty Harry where the detective dares a criminal to make a move allowing him to shoot him dead. If this shooting is considered lawful, seems like they were right in their criticism.

Regular citizens should not feel emboldened to go find conflict as a pretext to use lethal force without legal consequence, for the obvious reasons.
 
Yeah, there's no whiteknight exemption to the crime of battery.


You are incorrect. If it is found to be justifiable defense then there are no charges whatsoever for pushing, or even killing someone.

I doubt that you would call a 50 year old white man pushing a 25 year old black male with a gun pointed at someone "battery"... Therefore you do understand that in cases of justifiable defense it is not battery.
 
Critics of Stand Your Ground laws were criticized for characterizing the law as "Make My Day" laws, which is a quote from the movie Dirty Harry where the detective dares a criminal to make a move allowing him to shoot him dead. If this shooting is considered lawful, seems like they were right in their criticism.

Regular citizens should not feel emboldened to go find conflict as a pretext to use lethal force without legal consequence, for the obvious reasons.

It is amazing the range of posters who are able to agree on this basic concept.
 
Jacobs did not act like she was scared of Drejka...
I'm not clear what you mean. We didn't see Jacobs before she got out of the car, and she didn't even open the door until she could see her boyfriend coming back.

Also I hadn't noticed till now that their kid gets out of the back seat and goes into the store with his dad. That made me wonder: are handicapped spaces in Florida typically handicapped only? I ask because it's very common here for such spaces to be designated for disabled and for parent and toddler parking.
 
I'm not clear what you mean. We didn't see Jacobs before she got out of the car
If she was actually scared of Drejka, why would she get out of the car at all? I think she wouldn't. I think she got out of the car because she wasn't scared of Drejka.

That made me wonder: are handicapped spaces in Florida typically handicapped only?

Yes.
 
If she was actually scared of Drejka, why would she get out of the car at all? I think she wouldn't. I think she got out of the car because she wasn't scared of Drejka.

Doesn't matter what we think, matters if she was or not. She might have been afraid and gotten out because she saw her man approaching and felt relief. She might have not want to have felt cornered or trapped in the car and wanted to be facing him. She might have wanted to make sure the focus was all on her and not her kids. Many reasons she could have gotten out.
 

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