Shooter in fatal Florida 'Stand Your Ground' case arrested for manslaughter

[commodon]

Shooter in fatal Florida 'Stand Your Ground' case arrested for manslaughter

The dispute began when Drejka began arguing with McGlockton’s girlfriend, Britany Jacobs, 25, because she was parked in a handicapped parking space without a permit. With her were two of their children, a 3-year-old and a 4-month old. McGlockton got involved when he came out of the store with his 5-year-old son.

The complaint stated that detectives recorded the crime scene with a 3D scanner showing that the distance between Drejka and McGlockton at the time of the shooting was about 12 feet. It also stated that the findings of the autopsy were consistent with the video footage of the shooting in which McGlockton appeared to be turning away from Drejka when he was shot.

In addition, the complaint said that in 2012 Drejka displayed a gun during two separate road rage incidents in which he was never charged.

 

[Picton]

I’m not surprised, given what I saw on the video. To me, it’s the definition of manslaughter.

But IANAL.

 

[Ben Diss]

Shooter in fatal Florida 'Stand Your Ground' case arrested for manslaughter

Good.

 

[weekendracer]

It'll be interesting to follow the trial. I got into a debate about this one with family. My point of view: The guy would be lucky as hell (buying lotto tickets lucky) to not have some kind of charge at least brought and let a jury decide.

Seems I should have pushed harder on a monetary bet on it .

Even if he's cleared, he's going to be broke afterwards. All because he had to mouth off to a handicap parking bandit. A lot to learn all the way around from this one.

Edit, it's a trial, not a trail.

 

[Hoon]

Good, the guy's a piece of shit.

That was murder.

 

[cams]

Ya that’s a tough one to support even with stand your ground. Guy walks out of store with child in hand and sees another guy at his girls car yelling at her, also with two babies in car. You don’t know what’s going on or if the guys just crazy so you create distance between him and your family, can’t say I wouldn't have done the same thing as this victim.

Granted the family may be a bunch of hood rats who GAF about handicap spots or other peoples rights, but that’s not worthy of being shot to death.

 

[Horrible]

I think that this was the correct call. Stand your ground law has nothing to do with it.

The media is trying to turn this into a indictment of the SYG law.

 

[Reptile]

Here is more great info from Andrew Branca:

Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting | Law of Self Defense on Patreon

 

[5 DOLLAR FOOT LONG]

Good that guy is an idiot.

 

[Kurtz]

Good call, this is a win for law abiding gun owners that know how to show restraint. This ain't freakin Tombstone! Seriously, clowns need to be disarmed because they're making us all look bad.

 

[todd c]

It's a tough call. I think he will walk. Watch the video he is arguing with the lady gets shoved to the ground it looks like the guy trailing is coming to get involved, lady exits car, plus guy who did the shoving doesn't put hands in air looks ready to jump on him. After he shoots the perceived threat changes. Remember who the likely jury will be down there.

 

[Ben Diss]

Shooter initiated the confrontation. FL Stand Your Ground law doesn't apply.

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.​

 

[Reptile]

Shooter initiated the confrontation. FL Stand Your Ground law doesn't apply.

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.​

Did the shooter threaten anyone before he was attacked?

 

[kevin9]

Did the shooter threaten anyone before he was attacked?

Drejka was yelling at the McGlockton's girlfriend and children in the car. What's not clear is what he was saying. Was it actually threatening, or just berating? Also not clear is what, if anything, Drejka said to McGlockton before he got pushed. Answers to those questions IMNSHO determine if (2) is in play.

Also, it's pretty clear that McGlockton was not advancing toward Drejka after he pushed him, and looked to be started moving back, particularly after McGlockton drew. That brings into question the validity of the threat of deadly force.

I think Drejka's cooked.

 

[clampett]

I think it is Drejka's past behavior with the septic tank guy and the road rage incidents that will probably get him convicted.
If his lawyer can successfully prevent this from being discussed at his trial, then I think he might be found not guilty.

 

[Roadglide]

It's a tough call. I think he will walk. Watch the video he is arguing with the lady gets shoved to the ground it looks like the guy trailing is coming to get involved, lady exits car, plus guy who did the shoving doesn't put hands in air looks ready to jump on him. After he shoots the perceived threat changes. Remember who the likely jury will be down there.

Exactly. What our emotions lead us to think based on what we see on the news and not by actually being there and what a jury will decide based on what the law actually says is two different things more than likely.

 

[Friday]

Yeah, he might walk, however, from what I've been reading, this guy is on some sort of traffic control rage, waving a gun around at people for perceived traffic infractions that don't conform to his model of the ideal driver. A kid that stopped for a yellow light. A women who drove "too slow" through a school zone. And another handicap space violator who he threatened to shoot. Flame me all you want, but I don't think this guy should be allowed to walk around with lethal force weapons. He doesn't get it.

 

[rwl1955]

According to what I read the woman had been warned before about parking in handicapped parking space. Shooter had a history of confronting offenders and he was disabled. Failure all around, woman shouldn't have parked there, her boyfriend shouldn't have assaulted the disabled guy and whether the shooter was justified will be decided by a jury.

 

[bdb]

It's a tough call. I think he will walk. Watch the video he is arguing with the lady gets shoved to the ground it looks like the guy trailing is coming to get involved, lady exits car, plus guy who did the shoving doesn't put hands in air looks ready to jump on him. After he shoots the perceived threat changes. Remember who the likely jury will be down there.

It seems pretty obvious to me that when the gun is produced, his attitude changes, he starts backing up and is turning away when shot. At least that is what I saw.

 

[igrace7092]

FL will soon implement our states "run from your ground" law.