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Florida Man Found Guilty Of Manslaughter Despite 'Stand Your Ground' Defense

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posted on Aug, 24 2019 @ 07:48 PM
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I'd really prefer not to use the Mud-Pit, but as the previous thread on this topic is in here, I'll keep this one in the same place.

Remember that shooting that happened last summer in Florida, July 2018 to be accurate, where a man got shoved to the ground and another man shot him and claimed "stand your ground?" We had a thread about it here where we can now reference back and see where everyone placed their bets, apparently.

Ladies and Gentlemen, place your bets on the Florida shooting incident

As it happens, the police did not make an arrest because they thought the stand your ground law would apply. However, as the shooter also initiated the altercation, the provision invalidates the application of that defense and Michael Drejka has been found guilty of murder, and could get up to 30 years.


Drejka's defense used the state's "stand your ground" law, saying he feared for his safety when the two men got in an argument over the use of a handicapped-accessible space in a convenience store parking lot in Clearwater.

Prosecutors said the incident began when Drejka confronted McGlockton's girlfriend as she sat in the car, which was parked in a handicapped-accessible space. They said McGlockton was in the store, and when he returned with the couple's 5-year-old son, the dispute escalated and McGlockton shoved Drejka to the ground.

The law, as described by The Associated Press, is a lengthy one that "generally says a shooting is justified if a reasonable person under those circumstances would believe they are in danger of death or great bodily harm. But it also says the shooter could not have instigated the altercation."

Link

In the video, you can clearly see him standing there and talking to the girlfriend in the car, before the victim exits the store and joins the altercation.

Many racially biased assumptions were made in the previous thread - how did everybody do on their bets?



+3 more 
posted on Aug, 24 2019 @ 07:55 PM
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Pretty obvious from the video...the guy didn't go after him and he had not actual need for the deadly force. Glad the right decision was made judiciusly. A simple shove is not grounds to shoot a person. Had he shoved him to the ground and proceeded to attack sure...but the guy stepped back.



posted on Aug, 24 2019 @ 08:18 PM
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Seems he deserved the manslaughter charge. He initiated the confrontation. Sure he got shoved to the ground, but that’s hardly a reason to open fire on someone.

I think he’s lucky it’s not a murder charge.
edit on 24-8-2019 by Middleoftheroad because: (no reason given)



posted on Aug, 24 2019 @ 08:32 PM
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Stand your ground is only for defense and only for when you feel your life threatened
Your point was?



posted on Aug, 24 2019 @ 08:51 PM
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originally posted by: Middleoftheroad
Seems he deserved the manslaughter charge. He initiated the confrontation. Sure he got shoved to the ground, but that’s hardly a reason to open fire on someone.

I think he’s lucky it’s not a murder charge.


I'll bet a goFundMe will be set and a high profile attorney will be hired.
Then an appeal with a change of venue will be filed.



posted on Aug, 24 2019 @ 09:15 PM
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Manslaughter charge is deserved!



posted on Aug, 24 2019 @ 09:39 PM
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Pretty sure when this happened everyone called for manslaughter charges or worse.

I might be remembering a different incident. But this definitely takes away from the notion that SYG laws are "legalized murder".



posted on Aug, 24 2019 @ 09:41 PM
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Hail no....y'all....he got blindsided and hit his head hard and probably took his shoulder out...

Blindside someone and it's fight or flight for the one one the ground with others approaching.

Old man was at his last move for remedy, being physically done....he shot to not end up done in .....by a group around him.....the group went the other way after the shot....

He shoulda aimed low.....bounce the first two off the pavement in front of the perps legs or feet....then access if the next 10 are needed....old man was about to have a heart attack gyarantee
edit on 24-8-2019 by GBP/JPY because: (no reason given)

edit on 24-8-2019 by GBP/JPY because: IN THE FINE TEXAS TRADITION

edit on 24-8-2019 by GBP/JPY because: (no reason given)



posted on Aug, 24 2019 @ 09:41 PM
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a reply to: Gothmog

actually Florida’s law is broader than that. Under it a person can use lethal force if a felony is about to be committed against property .

They can also use lethal force and come to the aid of another person if imminent danger of death or great bodily harm is present . ( in Florida great bodily harm isn’t a simple fight.

That guy in the video didn’t deserve the defense in my opinion. You can’t get in a arm waving argument with someone’s wife without expecting her husband to come to the defense. He clearly instigated it .

I tried for a while to look up the success rate versus conviction rate on stand your ground or Castle doctrine nationwide.

Couldn’t find anything just liberals saying it’s evil. Murder rates go up especially for black people. But they don’t mention whether it’s black on black or white on black.



posted on Aug, 24 2019 @ 09:41 PM
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a reply to: RickyD

that's the problem, you can't really defend yourself while being attacked up close and personal by surprise, so you have to act before it get's to that point, you have to decide if that person is a threat that might endanger your life because plenty of people die every year just from a punch, just an unarmed physical attack can be dangerous. when someone suddenly ambushes you, you have to make that judgment fast and hope you made the right decision, better you go to prison than end up dead.



posted on Aug, 24 2019 @ 10:09 PM
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originally posted by: Violater1

originally posted by: Middleoftheroad
Seems he deserved the manslaughter charge. He initiated the confrontation. Sure he got shoved to the ground, but that’s hardly a reason to open fire on someone.

I think he’s lucky it’s not a murder charge.


I'll bet a goFundMe will be set and a high profile attorney will be hired.
Then an appeal with a change of venue will be filed.



An appeal will go nowhere. Here in Florida, it is common knowledge, that Black folks and Navy wives can park anyplace they want. Fire zone, Handicapped, loading zone, middle of a boulevard, or any other place the mood strikes them. That's why the guy pulled his pistol. He knew he was playing with fire and it had him on edge.



posted on Aug, 24 2019 @ 10:33 PM
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originally posted by: projectvxn
Pretty sure when this happened everyone called for manslaughter charges or worse.


You'd be surprised. I put in a link for the older thread.



posted on Aug, 24 2019 @ 10:57 PM
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a reply to: RickyD
Yeah not to mention if the guys yelling at his wife and kid is in the car the guy who got shot is actually one being defensive.



posted on Aug, 24 2019 @ 11:26 PM
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a reply to: namehere

Look...if you watch the video the guy is no where near even going towards the guy after the shove. I bet he was surprised he went down so hard. He backs up against the car when he pulles the gun. He is not a threat at that point. Just because you draw your weapon doesn't mean you have to use it. You are supposed to make those split second assessments or don't carry. I am happy to defend anyone who actually is being threatened with legitimate bodily harm. Like the guy moving in as he drew...who knows what a swift kick would do to,the old guy or if he would stop...but the point the gun appeared he backed off...thats where it should have ended.



posted on Aug, 25 2019 @ 12:03 AM
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scratch
edit on 25-8-2019 by chadderson because: (no reason given)



posted on Aug, 25 2019 @ 02:39 AM
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originally posted by: namehere
when someone suddenly ambushes you, you have to make that judgment fast and hope you made the right decision, better you go to prison than end up dead.


Guy got pushed for being a d--khead. little man fell down and continued getting angry, then murdered a guy who at that point was showing no more aggression.
Pull the gun? maybe...judgment call there, but shoot someone who is backing up and turning around?

That dirtbag deserves to grow old behind bars. Any responsible gun owner should be condemning that nonsense.



posted on Aug, 25 2019 @ 02:53 AM
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a reply to: SaturnFXDo very
If the guy who was pushed hit his head and died, would the pusher get a murder charge? Does a verbal spat necessitate a hard shovin?

Dude shouldn't have shot other dude imo, just wondering though if the shove had actually hurt drejka.
edit on 25-8-2019 by Starhooker because: (no reason given)



posted on Aug, 25 2019 @ 03:34 AM
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a reply to: Duderino

Nice to see a follow-up. I don't remember the initial thread, but I did go back and look at it. I didn't see a lot of people on the first page supporting the shooter.

I watched a man approach another car, seemingly get the license number, then stand talking to what appears to be another person out of line of sight. After a few moments, I saw a second man exit the store, approach the first man, and shove him to the ground. At that point, the first man pulled what appeared to be a gun.

OK, at that point, I see no issue with the first man's actions. The second man was physically larger than the first and blindsided the first man, so I see potential reasoning to pull a gun. Now, when I am forced to pull a gun (that action is a last resort and means I suspect imminent danger already), my target has about a second at best to convince me to not pull the trigger; I already have made the decision to fire or I won't pull the gun. Any hesitation or aggressive stance from the moment the gun becomes visible, and I will agree with Stand Your Ground. However, I saw no hesitation or aggression at that point. I saw the opposite: the second man immediately stepped backward.

At that point, the threat still existed, but it was not immediate. Keep the gun in position while you get yourself together, sure. Pull the trigger anyway? No. Now, even if I want to play Devil's Advocate and assume the first man was still in fear of his safety (I do not know what was said; it's late and the sound is turned off), the shooting is questionable and the first man should have been taken in and questioned.

But... and here's the big part for me... the first man is found to have initiated the argument with the second man's woman. That changes everything. If there was a problem, the first man had the tag number and should have called the police. Stand Your Ground is not deputization. It is self-defense, which does not apply to the aggressor in an incident, only the defender. Therefore, it appears to me that the first man pulled his gun far sooner than I would consider responsible, him being the aggressor initially, and therefore himself escalated the incident.

So, long story short, it sounds like justice is being served. Charges should be brought. If the shooter can show he was in fear for his safety, fine... but if not, that is a pretty damning video. If I were sitting on a jury and saw it, I would be hard pressed to agree that this was a legitimate Stand Your Ground defense. This is from a proud gun-owner who staunchly supports the Second Amendment, has carried in the past, and will likely carry again should circumstances warrant it. That gun is there for self-protection and food. That means if you shoot someone who is not attacking you at that instant in time, be prepared to live a cannibal lifestyle or be imprisoned.

I know the narrative is that a gun was used so the "gun nuts" are supposed to clamor to the shooter's defense... but it's just not that simple. With increased authority comes increased responsibility. Carrying a weapon that can kill with the pull of a finger is an increase in authority, and the responsibility that accompanies it is that one not use it unless necessary. I'll fiercely defend anyone who is forced to shoot an attacker for their own safety; I will also vigorously condemn anyone who shoots another purely out of anger or revenge. This shooting looks like anger to me, and I condemn it.

TheRedneck



posted on Aug, 25 2019 @ 04:00 AM
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bet this cowboy wishes he wasn't packing that day. He should be charged murder like the gangster he is. If he was black he would have plain and simple. I'm not anti-gun or anti 2nd amendment, but this guy was itching to use it and did so with animosity, not a defense. Why go around picking fights with people on where they park. He should have called the police if he felt it was his civic duty. He should have know confrontation with someone that cares less about where they park would not end well.



posted on Aug, 25 2019 @ 04:47 AM
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That's murder, not manslaughter.



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