Other State Shooter in deadly Florida 'Stand Your Ground' case arrested for manslaughter

[awshoot]

I don't know. I think it's a bit firmer than a dice roll. Sheriff didn't want to make an arrest and it required state AG to make a call to indict the guy. Obviously under political pressure.

Pinellas county appears to be purple but maybe there will be a motion to move the case somewhere a shade bluer.

I feel like I read somewhere -- so take this with some rock salt -- that the sheriff involved is a SYG hater and wanted to make a political point with this case, which is kind of silly considering that if you've been pushed to the ground, SYG is not relevant because retreat is impossible at that point. Anyway, the way I heard it, the sheriff wanted to make SYG look bad so applied it to this case where it didn't really apply.

 

[awshoot]

I agree. You still have to be reasonable. I had a guy in cuffs that kicked me in the shin while being walked to my car. I couldn't kick him back because it wasn't reasonable or necessary since he was already in restraints.

Good thing he had long hair

LOL

 

[slimmer13]

If a guy pushes you down and continues to come after you, sure you're standing your ground. If he tosses you to the ground and disengages, its revenge.

It's not standing your ground when you're on your a$$. You can't go too far.

The question will be, was the space that the dead guy created and the second or two until the shooter shot, change they self defense dynamic.

Spokane juries have semi recently acquitted two different men who shot a retreating man. One in the back of the head, the other in the back.

This case seems much clearer self defense.

Spokane jury acquits man who claimed self-defense in East Central killing

Gerlach acquitted in shooting death of fleeing vehicle thief

 

[MrRob96]

This is why you have to really think about whether force is reasonable and necessary. Just checking a few boxes im your head that say you CAN doesn't mean you SHOULD.

Isn't this how LEOs die in situations where societal pressure delays the decision to use force or not? And they have more protection than SYG laws.

 

[slimmer13]

I feel like I read somewhere -- so take this with some rock salt -- that the sheriff involved is a SYG hater and wanted to make a political point with this case, which is kind of silly considering that if you've been pushed to the ground, SYG is not relevant because retreat is impossible at that point. Anyway, the way I heard it, the sheriff wanted to make SYG look bad so applied it to this case where it didn't really apply.

The Sherriff declined to charge, the county prosecuter overruled him.

 

[MrRob96]

New deadly force polygon:

Intent
Capability
Opportunity
Political climate
Video coverage

Grade each from 1 to 10. Each group carries individual weight.

Perform this weighted average calculation: (intent*.15 + capability*.15 + opportunity*.15 + political climate*.25 + video coverage*.3)

Deadly force approved on scores 8.7 or higher only.

That should clear up all this borderline stuff.

 

[DirectDrive]

The court of public opinion down there is building the case.
The shooter had better have a good attorney.

 

[awshoot]

The Sherriff declined to charge, the county prosecuter overruled him.

Right -- but if the Sheriff wanted to make SYG look bad, that's exactly what would happen.

 

[Black Dog]

Is it? If you are an aggressor in FL, do you get to use the self-defense defense in your trial? If Person A is yelling at Person B, might Person C who comes on it in the middle think Person A is the aggressor and exercise defense of others? Assuming Person C is determined to be the initial aggressor (and it matters), If Person C is backing away when the gun is drawn, has Person C withdrawn from the conflict sufficiently to preclude Person A from shooting him?

Ultimately, this guy just bought himself a ticket to the Courthouse Lottery and I don't think anyone can predict the outcome here any more than a dice roll. If I was on the jury, I'd probably convict because Glockton had clearly disengaged, at least to my eyes. So the first dice roll this guy faces is who gets on his jury.

You don't seem to get it. The shooter was NOT the aggressor. He was telling the woman she was parked in a handy cap spot. She started that one and didn't like being called on it. The other guy came out of the store as far as the shooter thought he was going to kill him the way he got blind sided him. Besides the AG had to do something to stop the protest or at least slow them down.

 

[awshoot]

You don't seem to get it. The shooter was NOT the aggressor. He was telling the woman she was parked in a handy cap spot. She started that one and didn't like being called on it. The other guy came out of the store as far as the shooter thought he was going to kill him the way he got blind sided him. Besides the AG had to do something to stop the protest or at least slow them down.

I think neither of us really know. Was the shooter on a tirade or was he using his "please sir, do you have any Grey Poupon" voice? The difference could mean a lot in this equation. As for McGlockton, you can see that he's going to attack the guy on the ground until he sees the gun, immediately reversing course. Now if the shot and gun came out at the same time, it's a pretty easy call. But with a retreating attacker? That makes it much messier.

There will be a few winners in this case. The lawyers, the judge, the courtroom staff -- they'll all earn a living off it. But no matter how this comes out, the shooter loses. In one of the Spokane articles posted up thread (the one about the car thief), the shooter was acquitted but spent $300,000 getting there.

 

[Kruel J]

You don't seem to get it. The shooter was NOT the aggressor. He was telling the woman she was parked in a handy cap spot. She started that one and didn't like being called on it. The other guy came out of the store as far as the shooter thought he was going to kill him the way he got blind sided him. Besides the AG had to do something to stop the protest or at least slow them down.

Why was it his job to tell her she parked in a handicapped spot? That's the point. He was out being a vigilante. Read the article. He had a habit of doing this.

 

[slimmer13]

I think neither of us really know. Was the shooter on a tirade or was he using his "please sir, do you have any Grey Poupon" voice? The difference could mean a lot in this equation. As for McGlockton, you can see that he's going to attack the guy on the ground until he sees the gun, immediately reversing course. Now if the shot and gun came out at the same time, it's a pretty easy call. But with a retreating attacker? That makes it much messier.

There will be a few winners in this case. The lawyers, the judge, the courtroom staff -- they'll all earn a living off it. But no matter how this comes out, the shooter loses. In one of the Spokane articles posted up thread (the one about the car thief), the shooter was acquitted but spent $300,000 getting there.

Nothing matters up until the point where someone became violent. Being an a hole isn't illegal. We have that freedom in this country.

And in WA, you get reimbursed for legal expenses if the jury fails to convict.

 

[Black Dog]

I think neither of us really know. Was the shooter on a tirade or was he using his "please sir, do you have any Grey Poupon" voice? The difference could mean a lot in this equation. As for McGlockton, you can see that he's going to attack the guy on the ground until he sees the gun, immediately reversing course. Now if the shot and gun came out at the same time, it's a pretty easy call. But with a retreating attacker? That makes it much messier.

There will be a few winners in this case. The lawyers, the judge, the courtroom staff -- they'll all earn a living off it. But no matter how this comes out, the shooter loses. In one of the Spokane articles posted up thread (the one about the car thief), the shooter was acquitted but spent $300,000 getting there.

OK, you are right we don't know the out come. If the girl would have said I'm sorry I'll move none of this would have happened. But she had to start flipping out. Then it all went to hell for everybody!

 

[Kruel J]

OK, you are right we don't know the out come. If the girl would have said I'm sorry I'll move none of this would have happened. But she had to start flipping out. Then it all went to hell for everybody!

Again, why should she apologize? Who appointed this guy the local parking spot cop??

In case anyone missed this:

The complaint stated that detectives recorded the crime scene with a 3D scanner showing that the distance between Drejka and McGlockton at the time of the shooting was about 12 feet.

It also stated that the findings of the autopsy were consistent with the video footage of the shooting in which McGlockton appeared to be turning away from Drejka when he was shot.

In addition, the complaint said that in 2012 Drejka displayed a gun during two separate road rage incidents in which he was never charged.

 

[awshoot]

Nothing matters up until the point where someone became violent. Being an a hole isn't illegal. We have that freedom in this country.

And in WA, you get reimbursed for legal expenses if the jury fails to convict.

Well, it does matter if there are two separate fights. As for reimbursement, what did he have to sell at a loss to get the up-front money? He's not going to get full value and if he lost, he'd have lost the money and his freedom. The thing to remember about trials -- you can win AND you can lose.

 

[Ura-Ki]

Like I pointed out before, there Isn't enough information, and there is the possibility that the video released for public consumption may have been creatively edited to show a different outcome then what actually happend! Let's wait and see what happens and what "Facts" come out Before we start pushing the ideas of one outcome that may not be true and/or accurate!

 

[Black Dog]

Again, why should she apologize? Who appointed this guy the local parking spot cop??

In case anyone missed this:

The complaint stated that detectives recorded the crime scene with a 3D scanner showing that the distance between Drejka and McGlockton at the time of the shooting was about 12 feet.

It also stated that the findings of the autopsy were consistent with the video footage of the shooting in which McGlockton appeared to be turning away from Drejka when he was shot.

And I said it before would you not turn away. But it was to late the guy probably had already started to pull the trigger.

In addition, the complaint said that in 2012 Drejka displayed a gun during two separate road rage incidents in which he was never charged.

 

[titsonritz]

"In addition, the complaint said that in 2012 Drejka displayed a gun during two separate road rage incidents in which he was never charged."

He's going down.

 

[DirectDrive]

"In addition, the complaint said that in 2012 Drejka displayed a gun during two separate road rage incidents in which he was never charged."

He's going down.

That's damaging.
And who knows, attorneys have ways to have that kind of thing disallowed.

 

[awshoot]

That's damaging.
And who knows, attorneys have ways to have that kind of thing disallowed.

I would guess the previous incidents are excluded because they don't speak to whether in this incident, he had a reasonable fear of imminent harm. But who knows -- whether that comes in or not is part of his gamble.