Michael Dejka Trial Coming Up, Most Defense Motions Denied

[bbbass]

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.

What we don't know is if all the jurors thought that way.

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.

Ever been on a jury, or in a courtroom during a case? Prosecutors always behave that way!!

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.

It's up to the defense attorney to ferret that out during Voir Dire, and in my experience having served on several juries it's a standard question. If the juror lied during questioning, that is a chargeable offense I think.

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

According to what I read, at some point Florida's Stand Your Ground law was amended to say that it is not a valid defense if the shooter started the confrontation. Soooooo, Guilty As Charged!!!

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

Typical prosecutor.

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.

True, and a good lesson for self defenders!!

 

[Eric in Oregon]

If he had have been just standing there and was pushed down

That's literally what happened. Even if he was being obnoxious he wasn't attacking or threatening anybody and he was assaulted. Your post is pure fuddness.

 

[awshoot]

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.

That's true from a social perspective, but from a legal perspective things changed when he got slammed. The prosecutor sure did their best to make that point every time they could during the trial, and I suspect during closings which I haven't watched yet. Being an bubblegum however, is not a crime.

I am certain I would never do such a thing but I can see where it comes from -- whenever I go to Home Depot towing a trailer, and the spots reserved for trailer towing vehicles are filled with cars/trucks that do not have a trailer, and I have wander the lot looking for a space to pull through -- I feel annoyed -- never going to say anything though.

 

[awshoot]

That's literally what happened. Even if he was being obnoxious he wasn't attacking or threatening anybody and he was assaulted. Your post is pure fuddness.

McGlockton's girlfriend testified that Drejka did NOT threaten her with words, did NOT make threatening hand gestures like reach for his holster. The guy in the parking lot who witnessed the shooting said the same.

Drejka was stupid, but that does not justify McGlocton's assault. Again, the prosecutors did all they could to justify the assault (fine defenders of the law) by saying he was just protecting his family, but if interrupting a rude conversation is going to be the basis for letting any assaulter off the hook, the country is going to get real dangerous. Rude people are everywhere.

 

[4Freedom]

The guy assaulted him, was high on a very large amount of MDMA (which has been proven to cause crazy mood swings) and could have easily beaten him to death.. Getting into an argument is not grounds to be assaulted.. To me it was a clean shoot.. He was not shot in the back, he was shot in the chest.. He was not retreating as he was not within a distance considered out of the danger zone. It appeared he was still in a fighting stance after he tossed the guy to the ground and was looking like he was ready to give the guy a beat down for yelling at his woman. I saw no indication he was retreating. Did you see him attempt to run into his car and get away as fast as he could? His girlfriend's life obviously was not in danger, as she was arguing and threatening him back for quite some time and the guy didn't bother to have a conversation with him, but instead resorting to trying to beat him down.

This case needs to be appealed and the jurors themselves said they were very confused about the law. I believe this guy was condemned because they didn't want another race riot. It would have just been a whole other Travyon Martin ordeal, but in this case, the guy was way more justified .

Being a jerk (the guy should avoid just getting in arguments with people over petty things, duh) and telling someone (who is actually violating a law) not to park in a handicap spot should not be grounds get slammed to the ground by somebody twice your size.

The worst part of it is that this now justifies thugs everywhere to beat people up and people will be too afraid to defend themselves. Florida's STand Your Ground Law has been proven useless.. This really must be appealed to a higher court.

 

[awshoot]

Worth reading: ANALYSIS: Michael Drejka Guilty of Manslaughter – Law of Self Defense

Also extremely unhelpful to Drejka was his post-event interrogation by police, to which he voluntarily consented, without legal counsel present. In that interrogation a happily compliant Drejka, believing he's just helping the police understand why his shooting of McGlockton was no problem, hardly an inconvenience, as the internet meme puts it, agrees to conduct a re-enactment of the shooting.
...
There may be circumstances in which it is prudent to speak briefly with police responding to the scene of your self-defense event, although the default position should always be to simply request legal counsel (and medical attention, if appropriate). There is never, however, any good reason to be speaking at length to anyone about the event without first consulting with legal counsel, and there is never, ever, ever any good reason to voluntarily engage with professional interrogators without your legal counsel actually present (if then).

Also noted, Drejka will likely get a sentence that lasts until he is 74. This is essentially a life sentence.

 

[Eric in Oregon]

Florida's STand Your Ground Law has been proven useless.. This really must be appealed to a higher court.

Agreed on the appeal, but is this really a 'stand your ground' case? Drejke was literally on the ground so I would think that neither SYG or duty to retreat would be applicable as he had no reasonable ability to flee.

 

[awshoot]

Agreed on the appeal, but is this really a 'stand your ground' case? Drejke was literally on the ground so I would think that neither SYG or duty to retreat would be applicable as he had no reasonable ability to flee.

All the media calls it that (for obvious propaganda reasons), but it was a straight up self-defense case.

 

[slimmer13]

Agreed on the appeal, but is this really a 'stand your ground' case? Drejke was literally on the ground so I would think that neither SYG or duty to retreat would be applicable as he had no reasonable ability to flee.

Dishonest reporting/fake news to push an agenda. Similar to how they cover guns and GC.

 

[awshoot]

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

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

No evidence was presented that she texted him. The guy in the red shoes who was watching things unfold in the video testified that he went into the store and told the owner there was a problem in the parking lot. McGlocton then leaves the store and the rest unfolds.

McGlocton's girlfriend did tell Drejka during their argument, something like "wait till my man gets here." The red shoe witness characterized that as implying that she was going to get her man he was going to F Drejka up -- which is actually what happened.

 

[robertvarner]

That's literally what happened. Even if he was being obnoxious he wasn't attacking or threatening anybody and he was assaulted. Your post is pure fuddness.

Fuddness? That's real mature. No room in your world for differing opinions without disparaging the poster?

 

[fred c. dobbs]

Drejka ,, what a Dumbass, fighting over a cripled parking space, going to prison over something so stupid. In this day and age .

 

[bbbass]

I have a handicapped parking sticker, tho my wife needs it more than I. When I go to Walmart I often see people who look healthy parking in the handicap parking spaces w/o a permit. It bugs me. I get varying degrees of annoyed and sometimes really feel like saying something.... I don't. Especially after this confrontation resulted in a shooting!!!

"Discretion is the better part of valor!"

 

[Nick Burkhardt]

According to what I read, at some point Florida's Stand Your Ground law was amended to say that it is not a valid defense if the shooter started the confrontation. Soooooo, Guilty As Charged!!!

THREE separate interactions! bubblegum if a forum full of gun owners can't understand that, what chance does an average jury have?

The much vilified stand your ground had nothing to do with this case. The prosecution can't say he had a duty to retreat when he is flat on his @ss.

For the last time, shooter did not start the interaction with the pusher, because he had no idea the attacker was even there.

 

[Used To Hunt]

Play stupid games, win stupid prizes.

 

[Alexx1401]

That's true from a social perspective, but from a legal perspective things changed when he got slammed. The prosecutor sure did their best to make that point every time they could during the trial, and I suspect during closings which I haven't watched yet. Being an bubblegum however, is not a crime.

I am certain I would never do such a thing but I can see where it comes from -- whenever I go to Home Depot towing a trailer, and the spots reserved for trailer towing vehicles are filled with cars/trucks that do not have a trailer, and I have wander the lot looking for a space to pull through -- I feel annoyed -- never going to say anything though.

As I mentioned I don't like what happened at all, said when this first happened not sure what I would do if I ended up on the case. The fact that his day was fine until he decided to insert himself in this, while armed, can't be changed by any keyboard jockeying. He could have ignored a car parked there, called the authorities, or do what he did, go start a confrontation while armed. Now that he made a really poor choice a lot of people want to what if it to death. Fact is he was not standing on a corner and attacked. He went looking for a confrontation while armed. So now he gets to enjoy the outcome of that choice. Doubt he likes the outcome. Anyone making excuses for what happened to him is certainly welcome to follow his lead. I will not.

 

[Black Dog]

Here let me fan the flames of hate and discontent. One Drejka is going to jail. But he's going with a smile on his face. He's going to be taken care of for a long time and get to think about McGlocton last moments, McGlocton is dead and had a little while to think about his poor attitude and that being a tuff guy was a bad idea that day. Short story, You don't know what kind of a idiot or nut case your going to be dealing with. Don't shoot over 5 ft away but no less then 5 ft!

 

[Nick Burkhardt]

Going over the trial it looks like where Drejka sunk his claim to self-defense was his post-event interrogation by police, to which he voluntarily consented, without legal counsel present. Also, Drejka failed to complain of any meaningful injury at the time that could have reasonably affected decision making, there were no complaints by Drejka of being disoriented in any manner, and Drejka never requested any meaningful medical attention.

Although, I do recall from the interrogation video that Drejka said that he did not have the strength to hold the pistol up for much longer after the attack. Was that brought up in the trial?

 

[Nick Burkhardt]

Interesting, would the fact that Britany Jacobs initiated the verbal exchange with Drejka change anyone's mind about him being the so called initial aggressor? He did not even know if the car was occupied or not, due to the heavily tinted windows. All he did was look on the rear and front of the car for placards, she lowered her window and questioned him.

Also, SHE got out of the car to continue arguing with him. "I park where I want!" All she had to do was roll her window back up and blast the radio to ignore the jerk.

Lesson learned: It is better to be Safe than going out of your way to prove that you were Right.

 

[awshoot]

Interesting, would the fact that Britany Jacobs initiated the verbal exchange with Drejka it change anyone's mind about him being the so called initial aggressor? He did not even know if the car was occupied or not due to the heavily tinted windows. All he did was look on the rear and front of the car for placards, she lowered he window and questioned him.

No -- the scene (that he was a parking lot cop itching to whack someone) was set by the media and pushed by the prosecutors.

At the same time, I do believe his shot came 1 second too late. It may not have from his perspective but then, in his interview when the police were trying to get him to say he was worried he was going to be injured, he kept saying he couldn't know what McGlocton intended, so maybe he was shooting over the completed push rather than an imminent additional future threat. What an ugly case all around.