Michael Dejka Trial Coming Up, Most Defense Motions Denied

[Dungannon]

He may be, but as is pointed out in the video, that isn't the standard by which SD is measured.

It's an ambiguous shoot to me. And I agree with your earlier comment that if McGlockton's history is out, then Drejka's should be as well.

From the Tampa Bay Times ....
- Since 2012, according to records and interviews, 47-year-old Michael Drejka has been the accused aggressor in four incidents.
- Investigators documented three cases in police reports. The other was not shared with authorities at the time but involved the same handicap-reserved parking spot outside the Circle A Food Store near Clearwater and another shooting threat. Two involved allegations of Drejka showing a gun.
- A trooper accused him of aggressive driving and cited him after a crash when Drejka braked hard in front of a woman driving with two children.
- The police reports describe a man quick to anger, but who always denied he threatened anyone with a gun. Twice investigators admonished Drejka, telling him he was fortunate the alleged victims of his road rage did not want to press charges. If they had, an officer once said, authorities could have revoked his concealed carry permit.
- Former prosecutors said the earlier cases could possibly be used if Drejka is brought to trial, as evidence that he pulled out his weapon because he was frustrated, not afraid.

 

[awshoot]

...
- Since 2012, according to records and interviews, 47-year-old Michael Drejka has been the accused aggressor in four incidents.
... Twice investigators admonished Drejka, telling him he was fortunate the alleged victims of his road rage did not want to press charges. ...

Man should have taken the freakin' hint. It's hard to understand how these interactions did not have an effect on him.

 

[Alexx1401]

Regardless of whether the shoot itself was justified, he was starting confrontations with strangers about parking spots while carrying. Not a reason to convict but a lesson in what not to do.

Yep!, Reminds me of an old line, "An armed society is a very polite society."
The guy for whatever excuse he gives went looking for confrontation and found it. I regularly see stupid inconsiderate people doing rude, stupid, and inconsiderate things all the time. If it is not effecting me I go on with my life. I wonder if this guy thinks this confrontation was worth it now? I doubt he does.

 

[CountryGent]

I read the trial starts August 19th. It should be an interesting one, considering all the factors.

 

[American123]

How am I making assumptions??? Him wanting to shoot a black guy is something I remember as the statement of a black witness to Dreitke saying it. If I can find it, I will provide a link, but don't expect anything soon.

Regarding an OODA loop argument... I think it was proposed to have Mas testify about it in court... if it's presented in court, it's presented as an "argument". Carry on.

That's such a crock of crap. You can't rely on random 'accounts' from people with a chip on their shoulder making hearsay statements. Remember Ferguson, the "hands up don't shoot" lie was collaborated initially by multiple black witnesses and then later it was determined that that account was entirely false. People lie.

The only thing that matters in this case is the video in question.

Facts: old white dude was assaulted
Younger black dude assaulted him
Old white dude, while on ground, pulled gun and shot younger black dude.

All the rest is rather up to opinion on what is "self defense" and "justice."

The impossible factor here is understanding in the mind of the old white guy, whether or not he felt under attack, or if it was more malice than anything for having been shoved.

One interesting thing to consider - without the video - we would have eyewitness accounts that old white dude was violently shoved to the ground by younger black dude, then the old white dude shot him, we'd have a lot of witness statements, but the fact would remain that the young black dude initiated physical violence from a position of surprise.

When you attack someone from a position of surprise, that's generally viewed in a negative light.

 

[Cavedweller]

Very sad, and if I ended up on the Jury here not sure what the hell I would do.

It's not that difficult. The prosecution will present a case. Either they will prove their case beyond a reasonable doubt or they won't. If they don't (there is still doubt after they present their evidence), the jury should vote not guilty, regardless of their feelings about the incident. Isn't that the way it's supposed to work?

 

[Alexx1401]

It's not that difficult. The prosecution will present a case. Either they will prove their case beyond a reasonable doubt or they won't. If they don't (there is still doubt after they present their evidence), the jury should vote not guilty, regardless of their feelings about the incident. Isn't that the way it's supposed to work?

Yes it is "supposed to" work like that. Comes to anything with a gun though you are already under a huge risk if they are taking a shoot to a jury. Ever been on jury duty? Spend a little time around the herd that gets brought in for that and it is scary as hell to think that 12 of them could hold your life in their hands. It's why I NEVER shrug off the call to it even though it is a HUGE PITA to go and serve.

 

[awshoot]

Opening Statements:

 

[awshoot]

The entire trial is being televised. MICHAEL DREJKA CASE - YouTube

I just finished Day 2 part 2, which is a video of the voluntary statement Drejka gave to the police (mistake) -- it's totally clear that Drejka thought the video would vindicate him, and I believe he believed that McGlockton was winding up for another attack. Drejka made it a point on the scene to make sure they got the video -- he was absolutely convinced it would show what he thought he saw -- that McGlocton made a move toward him.

It's breathtaking really -- Drejka's whole life comes down to a one second pause after drawing.

What's also kind of lousy, is that the voluntary statement was admitted as an exhibit. Rarely is testimony ever repeated, but the jury will have the video to watch as many times as it wants.

 

[Nick Burkhardt]

That "one second pause" was his mind trying to catch up and figure out why his @ss was on the ground and in pain.

 

[Nick Burkhardt]

“Handicap Spot” Trial Triggers #FakeNews Tsunami – Law of Self Defense

lawofselfdefense.com

 

[bbbass]

Drejtka is a pissant and McGlockton was a thug.... pissants shouldn't carry but what can you do... if he had to apply for a carry permit after all those incidents, he should have been turned down.

Eggshell is the individual's problem to deal with... you still don't get to shoot somebody for a shove, even if they are a thug. He THOUGHT the guy was winding up for a kick or for another attack... two different things. You can't kick somebody from 10' away, or even 5' away. But you can launch an attack... the thing to think about is whether moving the rear leg back is an adequate indicator of an impending attack (ethically). That said, I think under Florida law it's only a requirement that he THOUGHT he was about to be attacked and that because of his condition, such an attack could be serious or deadly.

Haven't watched the courtroom video yet.

Hang him!!!

 

[Nick Burkhardt]

The standard is "reasonableness" from the perception of the defender, not from the perspective of a detached third party. Everything Drejka indicated is consistent with what he stated in the police interview that he thought he was about to be attacked again. Drejka did not start the physical fight.

 

[No_Regerts]

Regardless of whether the shoot itself was justified, he was starting confrontations with strangers about parking spots while carrying. Not a reason to convict but a lesson in what not to do.

Totally agree. You just never know who you're talking to or how it will end up. Was the juice really worth the squeeze? I think not.

 

[No_Regerts]

The standard is "reasonableness" from the perception of the defender, not from the perspective of a detached third party. Everything Drejka indicated is consistent with what he stated in the police interview that he thought he was about to be attacked again. Drejka did not start the physical fight.

"Objectively reasonable given the totality of circumstances"

 

[Ura-Ki]

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!
On the surface, I say good shoot, Big black dude initiated attack and could have been winding up for a second, old white dude has reasonable cause to fear for his safety and shoots!
That's on the surface, and they will have to prove many things to counter that! It's in the hands of that jury to decide once all that has been laid out, and I would be scared as hell if I were Old white dude!

 

[Camelfilter]

It'll be interesting what occurs when the case ends.

MSM: Found guilty - nothing. Crickets.

MSM: found innocent - 24/7 coverage, theme music, talking heads galore (foreign & domestic) & on scene at every "peaceful protest"...

 

[Eric in Oregon]

It'll be interesting what occurs when the case ends.

MSM: Found guilty - nothing. Crickets.

MSM: found innocent - 24/7 coverage, theme music, talking heads galore (foreign & domestic) & on scene at every "peaceful protest"...

I'm a little surprised nobody managed to dig up a picture of an 11 or 12 year old McGlockton to show off alongside Drejka's mugshot.

 

[Ura-Ki]

It occurs to me that the MSM and all that are trying really hard to make the Old White Dude into a monster, making all sorts of claims about him, and digging up a bunch of stuff and we have no idea if any of it's true! Sort of a smear campaign to influence the court and passably Jury!

 

[Eric in Oregon]

It occurs to me that the MSM and all that are trying really hard to make the Old White Dude into a monster, making all sorts of claims about him, and digging up a bunch of stuff and we have no idea if any of it's true! Sort of a smear campaign to influence the court and passably Jury!

Definitely. Even the wiki page for the shooting is written as if McGlockton is the victim. It's truly disgusting.