quote:

Originally posted by p dog shooter:
I have found the best way not to get hurt in a fight is not to get into a fight.

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Originally posted by Saeed:

quote:

Originally posted by p dog shooter:
I have found the best way not to get hurt in a fight is not to get into a fight.

Very true.

But sometimes one has no choice.

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Shooter should be charged with murder

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Originally posted by p dog shooter:

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Shooter should be charged with murder

https://www.youtube.com/watch?v=9nFtxkJ7ywg


He wasn't because?

Murder along with other law violations have certain elements that have to be met.

If all the elements have not been met then there is no violation of that crime. No matter how close it looks like there was a violation.

From what I have seen LEO's and prosecutors take the killing of another human very seriously.


If Markeis McGlockton had not physically assaulted Dreika I would say he would not have been shot.

Even thro Dreika was actions were improper they were not illegal, they didn't rise to the point that the McGlockton needed to physically defend himself.


What we can't know from the video is what Markeis McGlockton said after he pushed Dreika to the ground.

If he issued threats while standing there that would carry a lot of weight for the reason not to prosecute.

A couple I am going to kick your ass or I'll kill you if you get up along with some swearing could very well make the difference.


Unless you were personally involved in the decision not to prosecute you really don't have all the facts to declare he should have been charged.

I would bet there was more to the brandishing case then just that the witness didn't want to " pursue" the case.

Prosecutors bring charges many times when one has reluctant witnesses/victims I am guess that the witness/victim couldn't get his story straight and the prosecutor wasn't willing to put him/her under cross examination.

Lessons to be learned from this don't confront people over their doing stupide stuff.

Don't attack those that confront you when your the one doing stupide stuff.

quote:

Originally posted by crbutler:
At least in this state you have to not be a willing participant in order to claim self defense.

This guy violated that in getting into an altercation with the illegal parker in the first place.

At least here, he would be charged with a violent felony (manslaughter most likely) and be convicted.

Dipshits like this guy are making it harder to get some sort of stand your ground legislation in other states, and may well get FL to get rid of theirs.

Illegal parking is not a major issue worth bring up life or death altercations into it. With his history, he is not someone who should have a CCW license (or arguably a gun at all) in the first place- he's not mentally stable.

quote:

Originally posted by Snyper:

quote:

Originally posted by crbutler:
At least in this state you have to not be a willing participant in order to claim self defense.

This guy violated that in getting into an altercation with the illegal parker in the first place.

At least here, he would be charged with a violent felony (manslaughter most likely) and be convicted.

Dipshits like this guy are making it harder to get some sort of stand your ground legislation in other states, and may well get FL to get rid of theirs.

Illegal parking is not a major issue worth bring up life or death altercations into it. With his history, he is not someone who should have a CCW license (or arguably a gun at all) in the first place- he's not mentally stable.

If he had shot the woman I might agree with you, but he didn't start anything with the person who physically assaulted him first.

His "history" makes no difference since he has no convictions which bar him from carrying a firearm. He may be eccentric, but he still has the right to protect himself against physical assaults.

quote:

Originally posted by john c.:
all it would of took for the dumb ass dead guy to be alive to beat on his wife that night was to have kept his fat hands to himself. period. the shooter was mentally unstable? he's not the one that shoved someone to the ground then advanced on him. how do you know he wasn't saying "now i'm gonna kill ur white ass" as he advanced on the shooter laying on his back the victim of a physical assault. until you KNOW, don't blow.

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Originally posted by john c.:
i'm just a bigoted assclown. and a realist. and pragmatic. how do you know he was a jackass? are you just some bigoted liberal?

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Originally posted by john c.:
seriously?? u think it was over a parking spot that the shot was fired? it was because of a violent assault and and very possible follow up. you put hands on someone they are entitled to respond. you must have led and are leading a very sheltered life to think he was shot over a parking spot and not an assault. have you ever even been in a fight? seen a fight in person? been threatened? obviously not. another arm chair monday morning quarterback thats never been on the field. stick to whatever it is you know.

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Originally posted by john c.:
instead of deflecting, why don't you answer the questions? if you've never been violently assaulted, don't assume to know how you would react. or blame others that have been in that situation. if you have, then fine, you have a right to an opinion on that subject. but until then................

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U.S.
Girlfriend Of 'Stand Your Ground' Shooting Victim Says Gunman 'Was Picking A Fight'
HuffPost Hayley Miller,HuffPost 23 hours ago
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The girlfriend of a Florida man who was shot dead during an altercation over a
The girlfriend of a Florida man who was shot dead during an altercation over a parking space last week says the gunman “wanted someone to be angry at.”

Britany Jacobs witnessed Michael Drejka, 47, gun down her boyfriend Markeis McGlockton, a 28-year-old father of three, in a convenience store parking lot in Clearwater on Thursday. Police, citing Florida’s “stand your ground” gun law that allows gun owners to use deadly force if they feel threatened, filed no charges.

Jacobs described the shooting and demanded justice in an interview Monday with ABC’s “Good Morning America.”

“He was a good man,” Jacobs said of McGlockton. “All he was trying to do was just protect his family.”


The confrontation began when McGlockton left his car idling in a handicap space Thursday to run into the store to purchase snacks. Jacobs was waiting in the car with their two children when Drejka approached and began “harassing” her for parking in a handicap space without a permit, she said.

“He wanted somebody to be angry at,” Jacobs said. “He just wanted someone to fight him. He was picking a fight. I’m just sitting, waiting for my family to come back to the car.”

McGlockton, seeing the confrontation, shoved Drejka to the ground, according to Jacobs. That’s when Drejka, who is white, pulled a gun and shot McGlockton, who is black, in the chest, just a few feet from the car, Jacobs said.

“The guy is on the ground and he pulls the gun out,” Jacobs told ABC. “My dude steps back ’cause my dude is fearing for his life ― all of us were.”

McGlockton, wounded, stumbled into the store, where he collapsed. He was pronounced dead roughly 30 minutes later at a hospital.

Drejka told police he feared for his life, Pinellas County Sheriff Bob Gualtieri said Friday at a press conference, where surveillance video of the shooting was released.


Police, citing the “stand your ground” law, did not arrest Drejka. (More famously, George Zimmerman was acquitted for the shooting of unarmed 17-year-old Trayvon Martin in a trial that provoked intense scrutiny of the law. While Zimmerman did not invoke “stand your ground” in his defense, the judge instructed the jury on the law, and it was cited by a juror after the trial as a factor in their deliberations.)

The sheriff’s office referred Drejka’s case to the state attorney’s office to determine whether he should be charged.

ABC reported that the owner of the convenience store, who was not named, has previously called the police to report Drejka for confronting customers over parking.

“I just want justice,” Jacobs told ABC. “I need something to be done because this is not right.”

quote:

Originally posted by ismith:

quote:

Originally posted by john c.:
instead of deflecting, why don't you answer the questions? if you've never been violently assaulted, don't assume to know how you would react. or blame others that have been in that situation. if you have, then fine, you have a right to an opinion on that subject. but until then................

Oh I see, you're the guy I need to talk to if I want the right to have an opinion on that subject.

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Originally posted by lonniemike:
This started off as "don't beat up on people".

This theme should be held highly regarded.

McG mighta been a good guy if he had turned his back or was shot in the back by Dre. No, he took a tentative step back, probabaly when he saw that he brought his fists to a gun fight. You saw McG take a step back. How many steps did he advance after the shove? Mc G, Turn, Run, or take ONE in the chest, not two.by the way. This would be a different story if McG was shot in the back. Try not to start it. Try not to push it. Try to leave it alone. BestAll

quote:

Originally posted by Grizzly Adams:
I guess, being Canadian, shooting someone should be a last resort, not first response.

Geizz

quote:

Originally posted by Todd Williams:
First, I'll state that I'm an advocate of personal defense, concealed carry, and the concept of stand your ground / castle doctrine.

That said, I don't see how the shooter in this case wasn't charged. Murder / Manslaughter? I don't know the exact statutes so I can't say as to specific charges. But it's pretty clear to me the intent of self defense law, at least in terms of using deadly force, was not adhered to in this case.

The shove to the ground is obviously assault/battery. IF the shover had continued advancing on the shooter AFTER the weapon was presented, I think the shooting would be justified, even though some level of responsibility for the altercation lies with the shooter for starting it in the first place.

When I viewed the video, it appears to me the guy who got shot took more than one step back once the gun was presented. The training I've undergone to become licensed to carry has focused on using the least force necessary to STOP the threat. It's never about winning the altercation, but rather STOPPING the threat. Scenarios reviewed include, assuming time and conditions permit, yelling "Stop, I have a gun". Other conditions may be more appropriate to present the weapon, but only with the intent of using it. But once the threat is STOPPED, one must de-escalate immediately. In other words, if you yell "stop, I've got a gun" and the attacker backs off, you can't legally shoot him. If you present the weapon and the attacker backs off, you can't legally shoot him. You can only use deadly force when the threat continues.

Of course, this is armchair quarterbacking to some extent as we don't know the verbal cues given by either guy but it sure seems to me that when the shootee backed up upon seeing the gun, and then took at least one more step back, possibly two, the threat had been effectively STOPPED at that point, at least momentarily.

There is a "self defense" video circulating of an older gentleman chasing a couple of thugs out of a building (barber shop maybe) firing the entire time. I don't see how that fellow avoided charges as well as once the perp retreats, especially retreats out of the building, I don't believe the self defense law or castle doctrine allows for chasing them down the street to finish the fight ... in other words, once they start running and leave the building, the threat is STOPPED.

If I'm wrong on this, let me know as I don't claim to be an expert. Never been an LEO. But I made up my mind long ago, back when I first applied for my carry license, that there are very specific and limited times I will use deadly force. That's based on criminal, civil, and in fact, moral considerations. Those specific times are any time I, my wife, my kids, or a family member is threatened with physical violence that cannot be otherwise immediately STOPPED. The law in Texas allows for using deadly force to protect property as well but I'd rather replace possessions than loose my liberty or my estate through civil lawsuits over shooting a guy to prevent my TV or Car being stolen.

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Stand your ground is stupid especially in a public setting.

quote:

Originally posted by NormanConquest:
Sounds right to me.

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A Florida man who invoked the state’s controversial “stand your ground” law last month to defend fatally shooting a 28-year-old father of three following an altercation over a parking space has been charged with manslaughter.

Michael Drejka, 48, was arrested Monday after the state attorney’s office for Pinellas and Pasco counties filed the criminal charge against him for killing Markeis McGlockton in a convenience store parking lot in Clearwater.

Police had originally decided not to arrest Drejka, citing Florida’s stand-your-ground law, which allows gun owners to use deadly force if they feel they are facing “imminent death or great bodily harm.” The case was then referred to state prosecutors to decide whether charges would be brought.


“This is exactly what I wanted,“ McGlockton’s father Michael told reporters on Monday. “This is exactly what me and my family wanted was to get this guy behind bars.”

Surveillance video captured Drejka firing his weapon at McGlockton outside the convenience store on July 19.

The dispute began after McGlockton left his car idling in a handicap space while he ran into the store to purchase snacks, his girlfriend Britany Jacobs told ABC’s “Good Morning America.” Jacobs was waiting in the car with their two children when Drejka approached and began “harassing” her for parking in a handicap spot without a permit, she said. McGlockton came over and shoved Drejka to the ground, according to Jacobs. That’s when Drejka, still on the ground, shot McGlockton in the chest, she said.

McGlockton was pronounced dead at a hospital 30 minutes later.

“He wanted somebody to be angry at,” Jacobs said of Drejka. “He just wanted someone to fight him. He was picking a fight.

ABC reported that the owner of the convenience store, who was not named, has previously called the police to report Drejka for confronting customers over parking spaces.

The stand-your-ground law, which Florida adopted in 2005, drew intense scrutiny after the 2013 acquittal of George Zimmerman in the shooting death of unarmed 17-year-old Trayvon Martin. Though Zimmerman did not invoke the statute in his defense, the judge instructed the jury on the law, and it was cited by a juror after the trial as a factor in the jury’s deliberations.