Florida stand your ground. Dont play stupid games

[cosermann]

FYI related article - https://orlandocriminallawyer.blogspot.com/2018/08/the-clearwater-convenience-store.html?m=1

 

[Route 45]

FYI related article - https://orlandocriminallawyer.blogspot.com/2018/08/the-clearwater-convenience-store.html?m=1

That's a good write-up, thanks!

 

[Trigger Time]

Charges filed. Better late than never. This was not a good shoot I didn't think, but i also didn't have all the facts by just watching a video. But the people who do have the facts didn't think it was a good shoot either. So he will have his day in court.
Manslaughter charge filed in Clearwater 'Stand Your Ground' case - Story | FOX 13 Tampa Bay

 

[Hatin Since 87]

Charges filed. Better late than never. This was not a good shoot I didn't think, but i also didn't have all the facts by just watching a video. But the people who do have the facts didn't think it was a good shoot either. So he will have his day in court.
Manslaughter charge filed in Clearwater 'Stand Your Ground' case - Story | FOX 13 Tampa Bay

Good! Given his history it was only a matter of time til this happened, sad situation all around. But what do I know, I was told I don’t have a degree in law and therefor couldn’t tell a good shoot from a bad shoot

 

[Trigger Time]

Good! Given his history it was only a matter of time til this happened, sad situation all around. But what do I know, I was told I don’t have a degree in law and therefor couldn’t tell a good shoot from a bad shoot

Yep. I think there are individual cases that the right person being knocked to the ground then other aggressive behavior following that happening, would justify deadly force. But in this case it appeared the aggressor stepped back and did not have hands moving towards any weapons or hidden areas.
This is what I based my opinion on.

 

[Hatin Since 87]

Yep. I think there are individual cases that the right person being knocked to the ground then other aggressive behavior following that happening, would justify deadly force. But in this case it appeared the aggressor stepped back and did not have hands moving towards any weapons or hidden areas.
This is what I based my opinion on.

I agree 100%.

Also, carrying a firearm everywhere I go, I’m not actively looking for confrontation. I’m not going to approach anybody, I will only defend myself if I’m approached and have to so I can continue being a father to my kids. He seemed to be the provocative one, and the threat didn’t seem to be deadly after the shove. Like you said, each case should be viewed individually, as some people a shove to the ground could be life threatening, but it didn’t seem he felt threatened afterwards and the attack seemed to be over. But, IANAL

 

[Route 45]

The guy looks pretty sprightly for as elderly as some in this thread thought he was.

Hell of a thing, to be facing a manslaughter charge over a parking space that was none of his business.

 

[Trigger Time]

I agree 100%.

Also, carrying a firearm everywhere I go, I’m not actively looking for confrontation. I’m not going to approach anybody, I will only defend myself if I’m approached and have to so I can continue being a father to my kids. He seemed to be the provocative one, and the threat didn’t seem to be deadly after the shove. Like you said, each case should be viewed individually, as some people a shove to the ground could be life threatening, but it didn’t seem he felt threatened afterwards and the attack seemed to be over. But, IANAL

BINGO.
I try to avoid confrontations too. I've had legit times I could have pulled my gun and didnt because I saw another way. I do not want to have to shoot someone and I dont want to have my life ruined by a civil trial and media railroading even if I was justified and face no charges.
If there is no other way then I'll do what I must do to survive

 

[HoughMade]

The guy looks pretty sprightly for as elderly as some in this thread thought he was.

Hell of a thing, to be facing a manslaughter charge over a parking space that was none of his business.

I'll say this- I think I'm a better 47 than this guy.

 

[JettaKnight]

I'll say this- I think I'm a better 47 than this guy.

We need to see your mugshot to get a true comparison.



And wait - that's the man who INGO has been protraying as frail and old?

 

[HoughMade]

We need to see your mugshot to get a true comparison.

Well, that's the thing....

...but when the Times posts the mugshots of this week's arrests, I always look through them to see what people over ten years my junior look like a lot older than me...not that I look too young, I've moisturized.

And wait - that's the man who INGO has been portraying as frail and old?

Yes...because he shot someone. We side with shooters, unless.....

 

[JettaKnight]

Avoiding meth also helps keep you young, too.

 

[GREEN607]

Avoiding meth also helps keep you young, too.

METH....... the dreaded death ray

And it's trying hard to be the demise of American society.

And now, back to your regularly scheduled program.....

 

[BugI02]

METH....... the dreaded death ray

And it's trying hard to be the demise of American society.

And now, back to your regularly scheduled program.....

Hey now! [Da Teal ®]

 

[Trigger Time]

Does meth make you grow or keep hair? That's the only thing about him I'd be jealous of, but I like my teeth too much to lose those

 

[hoosierdoc]

Same lawyer as Trayvon had. That's interesting.

 

[jkaetz]

Same lawyer as Trayvon had. That's interesting.

Of course, we must make this a racial issue instead of a two numb-scull issue.

 

[churchmouse]

Of course, we must make this a racial issue instead of a two numb-scull issue.

That card is used in these situations to get the upper hand especially with the MSM

 

[Libertarian01]

I have watched the video, again...

I wouldn't want to be on that jury.

Here is a very brief timeline for Mr. Drejka:

@ 18 seconds he is shoved off of his feet;
@ 21s he pulls his weapon;
@ 23s he fires.

Mr. McGlockton advances to 21s, at which point he takes three (3) steps back, but is turning like he is going to move against Mr. Drejka.

During all of this the girlfriend is also there, hostile toward Mr. Drejka, and moving her arms without backing up any significant distance.

Was Mr. Drejka in danger of serious bodily harm or death? Maybe. Maybe not. But it is my understanding that this is NOT the legal question that must be answered for self defense. That question is, "Did Mr. Drejka reasonably believe that he was in danger of serious bodily harm or injury?" He had just suffered a jarring assault by a man that wasn't really backing down. That could be a much more difficult question to answer given body language, being surrounded, unable to get up without becoming vulnerable to attack, etc.

Two (2) seconds from pulled to firing. Two (2) seconds. Is that a blink of the eye or an eternity?

The guy following Mr. McGlockton out had the reasonable reaction to seeing a firearm, quickly getting out of the way and lunging for cover. Neither Mr. McGlockton nor the girlfriend did that.

The more I see this I would really have to hear from Mr. Drejka and other witnesses as to the verbal interactions that were happening, especially from the guy following Mr. McGlockton out.

Guess I'm still in the middle.

Regards,

Doug

 

[Dead Duck]

I have watched the video, again...

I wouldn't want to be on that jury.

Here is a very brief timeline for Mr. Drejka:

@ 18 seconds he is shoved off of his feet;
@ 21s he pulls his weapon;
@ 23s he fires.

Mr. McGlockton advances to 21s, at which point he takes three (3) steps back, but is turning like he is going to move against Mr. Drejka.

During all of this the girlfriend is also there, hostile toward Mr. Drejka, and moving her arms without backing up any significant distance.

Was Mr. Drejka in danger of serious bodily harm or death? Maybe. Maybe not. But it is my understanding that this is NOT the legal question that must be answered for self defense. That question is, "Did Mr. Drejka reasonably believe that he was in danger of serious bodily harm or injury?" He had just suffered a jarring assault by a man that wasn't really backing down. That could be a much more difficult question to answer given body language, being surrounded, unable to get up without becoming vulnerable to attack, etc.

Two (2) seconds from pulled to firing. Two (2) seconds. Is that a blink of the eye or an eternity?

The guy following Mr. McGlockton out had the reasonable reaction to seeing a firearm, quickly getting out of the way and lunging for cover. Neither Mr. McGlockton nor the girlfriend did that.

The more I see this I would really have to hear from Mr. Drejka and other witnesses as to the verbal interactions that were happening, especially from the guy following Mr. McGlockton out.

Guess I'm still in the middle.

Regards,

Doug

I'll be on the jury. Due to his actions, McThugton will no longer be thuggin anyone now.
So a 2 second firing delay. Did he forget to take the safety off? Does his gun have a super duper long ass trigger with a 20lb pull?
Hi-Point would cause this.

If you've ever had the wind knocked out of you or hit your head hard enough that it takes a second (or 2) to get your bearings again..... or to focus correctly? Football anyone....


Do we know what gun was used yet? I don't remember if it was mentioned.