Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

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wpkato
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Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

#1 Post by wpkato » Sat Aug 24, 2019 1:45 am

CBS News: Michael Drejka verdict: Jury finds white man guilty of manslaughter in shooting death of unarmed black man in "stand your ground" case.

https://www.cbsnews.com/news/michael-dr ... 00-10aag7e

At last, a verdict I would hope was the correct one, turns out to be (then again, this is Florida). Image

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Re: Florida

#2 Post by highdesert » Sat Aug 24, 2019 2:14 am

The old thread - viewtopic.php?f=12&t=49123&hilit=Drejka

Good verdict, just hope it holds up on appeal. Drejka provoked that confrontation, he was involved in prior incidents. Ultimately Drejka's attorney used a self defense argument and 'not stand your ground'.
Jurors took six hours to settle on the verdict. During deliberations, the jurors sent the judge a note saying they were confused by the self-defense law, according to The AP. The judge said he could only read them the law again.

When the guilty verdict was announced, the Tampa Bay Times reports, "In the front row of the gallery, McGlockton's girlfriend, Britany Jacobs, threw up her hands and clapped. A woman broke into sobs. McGlockton's father pressed his elbows into his knees as supporters squeezed his shoulder. His mother embraced family. The judge ordered Drejka to be held in custody until sentencing. He could get up to 30 years in prison. "
https://www.npr.org/2019/08/23/75392989 ... nd-defense
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Re: Florida

#3 Post by YankeeTarheel » Sat Aug 24, 2019 7:06 am

Guess he wasn't as clever as George Zimmerman, who was clearly in danger of being assaulted by a kid's candy.
Glad to see that FINALLY Floridians are understanding that hunting for trouble, and "Stand Your Ground" should not be the same thing at all.
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Re: Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

#4 Post by Chuck64 » Sat Aug 24, 2019 2:00 pm

I watched the testimony of the guy he threatened sometime before the shooting. It’s on YouTube.


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Re: Florida

#5 Post by Riverkilt » Sat Aug 24, 2019 2:30 pm

Friend of mine did 5 years for manslaughter in a similar situation. Only my friend didn't provoke, was a mutual combat thing but he was getting beat up so he got his .45 and drew down on the other guy. Other guy was drunk and grabbed the pistol and it discharged into his aorta. Bled out in short order. Both the county attorney and the judge told my friend, "You were the victim until you introduced a pistol into a fist fight." That in Phoenix, AZ 20 some years ago.
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Re: Florida

#6 Post by wpkato » Sat Aug 24, 2019 4:26 pm

Riverkilt wrote:Friend of mine did 5 years for manslaughter in a similar situation. Only my friend didn't provoke, was a mutual combat thing but he was getting beat up so he got his .45 and drew down on the other guy. Other guy was drunk and grabbed the pistol and it discharged into his aorta. Bled out in short order. Both the county attorney and the judge told my friend, "You were the victim until you introduced a pistol into a fist fight." That in Phoenix, AZ 20 some years ago.
That's hard to hear. To paraphrase Sean Connery, "you don't bring a gun to a fist fight" according to the prosecutor 20 yrs ago..but now? If he thought he was in mortal danger, that he could no longer defend himself without the sidearm, is he not allowed to draw (could run away I know but what if that's not an option?) It's a hard to think of the legal ramifications in the moment. I feel bad for your friend.

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Re: Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

#7 Post by Chuck64 » Sat Aug 24, 2019 9:37 pm

I watched the testimony of the firearms forensic expert from the Florida Department of Law Enforcement.

He basically testified that the gun a Glock 23 was functioning properly and explained to the jury the operation of a semiautomatic handgun.

The defense asked if the trigger pull weight was tested. It was not by this expert. He said that would be done by someone else. The defense asked about having a hair trigger. The explained that’s terminology that is not used in firearms forensic. The expert seemed to suggest that a “hair trigger” is considered not functioning properly.

The defense was really harping on the trigger pull weight.


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Re: Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

#8 Post by Chuck64 » Sun Aug 25, 2019 9:55 pm

Another thing I learned from the trial testimony is that the handicap parking spot wasn’t a legal handicap parking spot according to the testimony of one of the responding police supervisors.


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Re: Florida

#9 Post by Stiff » Sun Aug 25, 2019 11:56 pm

In Zimmerman's case he was pinned to the ground and pounded until the back of his head was bleeding. There was no camera to show when he took the shot, so the jury only had his injury and his side of the story.

In this case there is camera footage. The attack had stopped when he pulled and fired the gun. If I were in the jury, I would have convicted him on third degree murder. I guess voluntary manslaughter is less risky, less chance for him to walk.

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Re: Florida

#10 Post by Marlene » Mon Aug 26, 2019 8:49 am

I forgot we still had some Zimmerman psychics on the forum.
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Re: Florida

#11 Post by NegativeApproach » Mon Aug 26, 2019 9:08 am

Stiff wrote:
Sun Aug 25, 2019 11:56 pm
In Zimmerman's case he was pinned to the ground and pounded until the back of his head was bleeding. There was no camera to show when he took the shot, so the jury only had his injury and his side of the story.

In this case there is camera footage. The attack had stopped when he pulled and fired the gun. If I were in the jury, I would have convicted him on third degree murder. I guess voluntary manslaughter is less risky, less chance for him to walk.
The attack stopped before he fired the gun.

That's why this was a bad shoot.

Now, you can argue disparity in force, because the guy who was shot was definitely bigger, but the shooter put himself into this situation, and it sounds like his history of doing this came back to haunt him. He could have handled this much differently on multiple levels, and he's got a manslaughter charge because of it.

Due to the shooter being attacked, I think that's why he got manslaughter. He was pushed very hard, and if someone is older, that could be seen or taken as deadly force, and that kind of push COULD kill someone if they hit their head. That said, I personally wouldn't don't think the shooter should have been in that situation in the first place.

I think the charge and the verdict are just. A license to carry isn't a license to start fights. It seems that's how this guy was using it.

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Re: Florida

#12 Post by highdesert » Thu Oct 10, 2019 7:39 pm

A "wannabe" police officer who shot dead an unarmed man in a row over a disabled parking space in Florida has been sentenced to 20 years in prison.
Judge Joseph Bulone called Drejka a "wannabe law enforcement officer" and self-nominated "handicapped parking space monitor".
Drejka had no supporters with him in court on Thursday, the Tampa Bay Times said. His defence team said relatives stayed away from court due to fears for their safety.

Drejka's lawyers ultimately used a self-defence argument instead of citing stand-your-ground specifically, so that their client did not have to testify at a pretrial hearing.
https://www.bbc.com/news/world-us-canada-50005833
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Re: Florida

#13 Post by featureless » Thu Oct 10, 2019 7:53 pm

20 years of justice.

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Re: Florida "stand your ground" case verdict in, shooter found guilty of manslaughter

#14 Post by wpkato » Thu Oct 10, 2019 8:23 pm

Well deserved. Hope he does it all, no parole

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Re: Florida

#15 Post by AndyH » Fri Oct 11, 2019 1:44 pm

highdesert wrote:
Sat Aug 24, 2019 2:14 am
Ultimately Drejka's attorney used a self defense argument and 'not stand your ground'.
One of the many things I learned in Mas Ayoob's class is that 'stand your ground' isn't a defense strategy - it is just a clarification or extension of the Castle Doctrine that confirms there are locations where one doesn't have the duty to retreat.

The defense is the affirmative defense, which is an application of competing harms or lesser of two evils - basically "I did the crime but I had to". It's limited though, and one that starts an aggression or agrees to combat can't fall back on self defense.

I can't recommend a MAG40 highly enough for anyone that carries or has a weapon of any type for self defense (including martial arts).
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