Michael Dejka Trial Coming Up, Most Defense Motions Denied

[Ura-Ki]

We all know its impossable to get a fair trial in Oregin, lets hope Florida is able to do so fairly!

 

[Nick Burkhardt]

I would love to discover what the BabyMomma texted McGlockton while he was in the store.

"White dude hassling me. Come beat his @ss!"

 

[Basedgreaser]

That was a looong pause

 

[awshoot]

What ever happens, it's going to be one heck of a show, and i'm curious to see the evidence we are not currently privy to, there has to be other camera videos from outside the store, and the witness statements and all the other stuff being kept out of the public view!
...

I'm on Day 2, part 7. The state rested in the middle of Day 2 Part 6. There are no additional camera angles. The guy who was outside testified. McGlockton's girlfriend testified. There really isn't anything that isn't known already.

The state did call a use of force expert (Roy Bedard: About )-- his testimony may be of interest as it mostly amounted to a use of force class. His testimony starts at the 25 minute mark here and extends into the next video in the sequence:

Drejka's interview may also be interesting:

Most of the witnesses the state called were about establishing the authenticity of evidence -- pictures, the gun, magazine, ammo, videos -- this took a substantial amount of time. They also had the medical examiner testify -- extremely happy dude! Strangely happy perhaps. He testified that he was "the cutter" the day McGlocton came in -- the prosecutor suggested "on call" might be a better term. The state also called a toxicology expert who testified a bit about MDMA, which was found in McGlocton's blood -- a lot actually. He called it a "love drug" repeatedly. I could see this dude at a rave 25 years ago.

I'm in the middle of Drejka's first witness right now, who is also pharmacological expert and he's been tearing down the other drug expert.

 

[Cavedweller]

I met Drejka's brother today. The wife and I went down to a local park on the Willamette to pick blackberries. The parking lot nearest the river is a one-way loop with a large median strip. The last 2 spaces just before the exit are handicapped spots. I pulled into the last spot, and a guy who was exiting the lot just behind me drove out, reentered, drove all the way around the loop and parked about 6 spaces away in the mostly empty lot. After a few moments my wife says, "That guy is staring at us."

We get out of the car and head for a berry patch. Then I hear my wife, who was behind me, say rather loudly, "Is something wrong?" I turn around and the guy is walking around inspecting our vehicle. He says, "I just wanted to make sure you have a sticker." (We do) He gets back in his car and takes off. My wife, who is more cantankerous than I am, flipped him the bird.

People like that are really annoying. Well, at least he didn't draw on her.

 

[Nick Burkhardt]

Michael Drejka, the Florida handicap parking spot shooter, was just found guilty of manslaughter as charged.

With the gun enhancement, that'll be pretty much the rest of his life in prison.

 

[awshoot]

Michael Drejka, the Florida handicap parking spot shooter, was just found guilty of manslaughter as charged.

With the gun enhancement, that'll be pretty much the rest of his life in prison.

Should have said spoiler!!

 

[Nick Burkhardt]

One of the jury alternates said in the interview that McGlockton was justified in shoving Drejka. It is hard to overcome that kind of bias especially when cheered on by the media.

 

[awshoot]

One of the jury alternates said in the interview that McGlockton was justified in shoving Drejka. It is hard to overcome that kind of bias especially when cheered on by the media.

Wow -- do you have link to that interview?

 

[Nick Burkhardt]

Wow -- do you have link to that interview?

The second video on the top box. Jury alternate Keith Booe Michael Drejka found guilty of fatally shooting unarmed man outside convenience store over parking spot

 

[awshoot]

One of the prosecutors in his cross examination of the pharmacy expert was extremely aggressive, rude, constantly cutting off the answers, extremely repetitive, and making all sorts of comments to the jury -- his questioning was almost like a closing argument. Then in one exchange at 35:18 the judge jumps in and chastises the witness to "actually answer the question". It sounded to me like an answer. Honestly, the judge has let the prosecutors get away with a lot of bad behavior in this trial.

 

[awshoot]

The second video on the top box. Jury alternate Keith Booe Michael Drejka found guilty of fatally shooting unarmed man outside convenience store over parking spot

Not sure if I got the right one, but McGlockton's girlfriend said that the alt. juror had already made up his mind that if he had to serve, he would find Drejka guilty. That's not cool.

 

[Nick Burkhardt]

Not sure if I got the right one, but McGlockton's girlfriend said that the alt. juror had already made up his mind that if he had to serve, he would find Drejka guilty. That's not cool.

You have to click the arrow on the right edge to get the the next (older) news video broadcast before the verdict.

 

[Nick Burkhardt]

The jury did not understand that there were THREE separate interactions

1) Drejka vs BabyMomma = mutual verbal disagreement = no crime

2) McGlockton vs Drejka = blindside assault = crime

3) Drejka vs McGlockton = self defense if Drejka believes that the attack has not ended

The jury jumped back to #1 "Drejka started it, he is guilty."

Room for appeal, but an uphill battle.

CHL insurance coverage should really include a PR guy to talk to the press on your behalf.

 

[Goosebrown]

The jury did not understand that there were THREE separate interactions

1) Drejka vs BabyMomma = mutual verbal disagreement = no crime

2) McGlockton vs Drejka = blindside assault = crime

3) Drejka vs McGlockton = self defense if Drejka believes that the attack has not ended

The jury jumped back to #1 "Drejka started it, he is guilty."

Room for appeal, but an uphill battle.

CHL insurance coverage should really include a PR guy to talk to the press on your behalf.

He got just what he deserved.

 

[Eric in Oregon]

We all know its impossable to get a fair trial in Oregin, lets hope Florida is able to do so fairly!

They couldn't do it.

 

[Ura-Ki]

Nope, guess not! The MSM is complicit in this for sure!

 

[awshoot]

Phwew -- made it through all the testimony and jury instructions. I haven't listened to the closing arguments yet. The core of the case is obviously the video, but all the spice and seasoning came out of Drejka's voluntary statement to the police. In particular the last 20 minutes really hurt him -- the police almost seemed to be trying to get him to say he thought he was going to be severely injured and instead he argued with them -- telling them he couldn't know what was in the mind of another person essentially. Then of course his references to "21 foot rule" and "force multiplier" -- that ended up making for hours of testimony.

Never during the trial itself was there any evidence presented on the topic of his perspective from the ground versus the video camera perspective from the side.

I honestly don't know how I'd come down on this if I was on the jury. When I first saw the video many moons ago, my gut reaction was "bad shooting" -- but there's a lot of gray I think now -- there's a real difference between perception on the animal level, and video.

Then there is this sort of time issue. One second or three seconds and this would be a totally different outcome. One second quicker on the shot would have been during the time McGlocton was advancing and the trial wouldn't likely have happened. On the other hand, if his gun came out three seconds later, McGlocton would have been on him -- he was advancing till he saw the gun -- and Drejka probably would have gutshot him while getting pummeled. I don't the trial happens in that scenario either. The massive effect of mere seconds, i's sort of mind boggling to me.

Honestly -- I'm not sure I want to carry after watching.

EDIT: I was really turned off by the prosecutors -- they were such bubblegums. But I guess it worked.

 

[Alexx1401]

When I first watched the video I did not like what I saw. Again no matter what people think of the video it still comes down to if he had not decided to appoint himself parking enforcement he would not be in this mess.

 

[robertvarner]

From the parts I have seen the Defendant put himself into a confrontational position by "policing" the handicap parking spot where he has no authority to do so. If he had have been just standing there and was pushed down, his position would be easier to defend.

Since he "elevated his risk", he shouldn't be able then to claim he was in a pure defense mode when he used his firearm. This alone makes his actions much more difficult to defend. His previous threats under the same conditions only compound the problem.

In other words, if you knowingly roam the streets of downtown Portland after dark for no purpose other than to challenge people, and you get attacked, draw a weapon, and kill someone, a juror would need to ask "why were you even there?"

Don't pee up a rope and think you won't get soaked.