Why an attorney is necessary before answering any questions...

[Ura-Ki]

Ha, I got you all beat, My lovely Bride insists that the house is HERS, and the Garage is Mine, as long as I don't mess up the house, were good! I pre wash and stack the dishes so she can load them how SHE wants them, and for laundry, I just toss my stuff in the hamper and walk away, few hours later, they magically appear neatly folded in my drawers!
The Dogs are also mine, All 4 paws on each get cleaned before coming in the house, and if it's raining, said doggy gets toweled off as well, and I get to do all the vacuuming in HER house, because their MY dogs! LOL Funny how the dog towels get washed with MY cloths, but I ain't complainin!

 

[awshoot]

This is a long video, but if you have an hour or so to burn, it shows a very good example of detectives slowly and meticulously walking a person into giving them everything they need to convict. I will say upfront, this guy was pretty much in the wrong and probably would have been convicted anyway, but he certainly lost any chance at self defense by talking.

Like others have stated, tell the officer you were in fear for your life and then ask for an attorney.

One part of the interview that hurt him was when he said he had no idea what McGlockton was going to do next, despite extensive prompting by the interviewer. I think I know what Drejka meant because he also said that McGlocton was going to "finish the job" -- he probably meant he didn't know how the job would be finished (knife, foot, gun, etc. etc.) but the ambiguity he created there did not help him -- it is harder to argue that he was in fear of his life, believably, if he did not have a feeling that McGlockton was about to hammer him. When taken out of context "I had no idea what he was going to do" is so not helpful.

============
S1: To do what? What did you think he was going to do?
D: Thinking he's going to finish what he started.
S1: And what do you mean, elaborate on the "finishing".
D: I have no clue because he didn't do anything. I can't elaborate on something I don't know about.
S1: What do you think he was going to do?
D: Not a clue. Come after me again? What he would have done is just pure conjecture.
S1: Did you think he was maybe going to get physical with you?
D: Sure.
S2: In a fair fight could you take him?
D: Negative. I'm not a fighter, never been a fighter.
...
S1: "Finish the job" -- what do you mean?
D: Whatever he started -- I had no clue what he started and what his endgame was. I was in the dark about that. So that makes me believe to myself I need a force multiplier because I don't know what's going on.
S1: What do you mean a force multiplier?
D: Well exactly --- you know what a force multiplier is.
S1: No sir I don't, if I did ... no I really don't.
D: A force multiplier is a sidearm, anything other than your hands. A stick
S1: Some kind of a weapon.
S2: You know terminology we don't.
============

And then there's the bit about the "force multiplier" -- that was used at trial to paint a negative picture about him and as a launch point for a force continuum discussion and evidence that Drejka's level of force was inappropriate (*):

(*) Roy Bedard, the witness, was criticized for his discussion especially of the concept of the 21 foot rule, I think by Andrew Braca, but none of that was in the trial evidence.

 

[awshoot]

...
(*) Roy Bedard, the witness, was criticized for his discussion especially of the concept of the 21 foot rule, I think by Andrew Braca, but none of that was in the trial evidence.

Here:

Drejka Case Analysis: When the ‘Tueller Drill’ 21-Foot Defense is Defined Out of Existence

A mischaracterization of the Tueller Drill -- the so-called 21 foot rule -- deprived Michael Drejka of a potentially effective defense.

legalinsurrection.com

 

[awshoot]

And the judge, when sentencing 49 yo Drejka to 20 years, used Drejka's words against him.

 

[gmerkt]

Admit nothing, sign nothing. Believe nothing they tell you. You have no friends when you are the suspect or subject of an investigation. You need a lawyer and you have nothing to say without the benefit of council. You are about to send yourself up the river of no return. You will have to fight yourself not to do it. If you fail you will have to live with yourself in a cell.

This, for sure. The real world isn't like being in the "interview" room on "NYPD Blue."

 

[Nick Burkhardt]

Drejka screwed up on SO many levels.
1) I too have a Gimp Parking placard and it annoys me when people who don't park in a Gimp space. However I have no delusions that I have been appointed Parking Monitor. The fact that carry a piece means I have to avoid any kind of beef with anybody. Drejka went up to a woman in a car with kids and started raging about them being parked in a Gimp space. Throwing a rage fit at somebody's family is guaranteed to start a beef. This is Stupid with Oak Leaves, Swords, and Diamonds.

2) ...

3) Drejka was lucky Marquise didn't sucker punch him immediately.

1) Wrong. That is the Lame Stream Media narrative. Look at the video. Brittany Jacobs parks in the handicap space. Multiple Felon Markeis McGlockton and son walk into the store. Michael Drejka drives up and parks perpendicular to their car He gets out and walks to the rear of the Jacobs/McGlockton car. Looks for a handicap plate. He then walks to the front bumper to check for a plate. As he is turning to go in the store and complain to the manager Brittany Jacobs rolls down her window and asked what he was doing. Drejka explains, "You are in a handicap space and you do not have a handicap plate or placard. Look at all these empty spaces you could have parked in" motions with arms. Brittany Jacobs goes into Angry Black Woman mode and says "I park where I want!"

3) Actually Drejka would have been luckier if Marquise did sucker punch him. Either more justification or knocked out. The self-defense legal community is of the consensus that Michael Drejka had an open window of opportunity to shoot Markeis McGlockton, but he waited too long and the jury determined that the legal window of opportunity had closed before the shot was fired.

Michael Drejka's defense was criminally ineffective. A first person re-enactment of what Drejka experienced would have been helpful. Drejka got his bell rung after hitting the concrete. His brain was processing at a much slower rate as he was trying to figure out what just happened and what is about to happen. His thought was "I don't need to shoot now, but if he comes at me I will shoot" He sees Markeis McGlockton's leg move and thinks "This is it" which is why he pressed the shot.

 

[awshoot]

...
Michael Drejka's defense was criminally ineffective. A first person re-enactment of what Drejka experienced would have been helpful. Drejka got his bell rung after hitting the concrete. His brain was processing a a much slower rate as he was trying to figure out what just happened and what is about to happen. His thought was "I don't need to shoot now, but if he comes at me I will shoot" He sees Markeis McGlockton's leg move and thinks "This is it" which is why he pressed the shot.

True, but listen to the the judge during sentencing. Numerous times the judge quoted Drejka's interview. The case could well have come out differently with better defense attorneys but no matter who his defense team was, their job was made exceptionally harder by Drejka's interview.

In the context of this thread, the lesson is: ask for an attorney and don't talk. But as @Rascal01 pointed out, a person is going to have to fight hard to bite their own tongue.

 

[v0lcom13sn0w]

Ha, I got you all beat, My lovely Bride insists that the house is HERS, and the Garage is Mine, as long as I don't mess up the house, were good! I pre wash and stack the dishes so she can load them how SHE wants them, and for laundry, I just toss my stuff in the hamper and walk away, few hours later, they magically appear neatly folded in my drawers!
The Dogs are also mine, All 4 paws on each get cleaned before coming in the house, and if it's raining, said doggy gets toweled off as well, and I get to do all the vacuuming in HER house, because their MY dogs! LOL Funny how the dog towels get washed with MY cloths, but I ain't complainin!

my wife has just come to terms with that im just inherently bad at loading a dishwasher, doing laundry, sweeping, mopping, organizing, vacuuming.....

 

[Flymph]

Invoke your right to not answer questions right away. Wait for the attorney. First question he will ask you: 'Did you talk to the police?'

If the answer is no, your lawyer is much happier. He doesn't like playing second fiddle.

This is also what happens when you don't answer the wife's questions.

 

[HA556]

Ha, I got you all beat, My lovely Bride insists that the house is HERS, and the Garage is Mine, as long as I don't mess up the house, were good! I pre wash and stack the dishes so she can load them how SHE wants them, and for laundry, I just toss my stuff in the hamper and walk away, few hours later, they magically appear neatly folded in my drawers!
The Dogs are also mine, All 4 paws on each get cleaned before coming in the house, and if it's raining, said doggy gets toweled off as well, and I get to do all the vacuuming in HER house, because their MY dogs! LOL Funny how the dog towels get washed with MY cloths, but I ain't complainin!

Livin' the life! I should've taken lessons!

 

[Nick Burkhardt]

True, but listen to the the judge during sentencing. Numerous times the judge quoted Drejka's interview. The case could well have come out differently with better defense attorneys but no matter who his defense team was, their job was made exceptionally harder by Drejka's interview.

In the context of this thread, the lesson is: ask for an attorney and don't talk. But as @Rascal01 pointed out, a person is going to have to fight hard to bite their own tongue.

Yep, that is a whole lot of bias coming from the Judge. Drejka was not a "rich person who retired at an early age". Drejka was injured after years of working as a tree trimmer, and had other heath issues which is why he moved to Florida. He worked as an Uber driver, until his good car became inoperable, and had been unemployed for much of the last decade.

What would have happened if Drejka hadn't had drawn? Do you think that Multiple Felon Markeis McGlockton would have allowed Drejka to stay conscious while he walked back into the store to retrieve his son? After having the gun pointed at him would Multiple Felon Markeis McGlockton stuck around for the cops to show up and arrest him?

Unless someone had remembered the license plate, he would have gotten away.

Brittany Jacobs initiated and escalated the verbal confrontation.

Brittany Jacobs exited her vehicle once she saw her man coming, making it two on one.

Markeis McGlockton initiated the physical confrontation.

Michael Drejka mistook the step back as a kick and that sunk him. That and running his mouth to the detective.

 

[American123]

Yep, that is a whole lot of bias coming from the Judge. Drejka was not a "rich person who retired at an early age". Drejka was injured after years of working as a tree trimmer, and had other heath issues which is why he moved to Florida. He worked as an Uber driver, until his good car became inoperable, and had been unemployed for much of the last decade.

What would have happened if Drejka hadn't had drawn? Do you think that Multiple Felon Markeis McGlockton would have allowed Drejka to stay conscious while he walked back into the store to retrieve his son? After having the gun pointed at him would Multiple Felon Markeis McGlockton stuck around for the cops to show up and arrest him?

Unless someone had remembered the license plate, he would have gotten away.

Brittany Jacobs initiated and escalated the verbal confrontation.

Brittany Jacobs exited her vehicle once she saw her man coming, making it two on one.

Markeis McGlockton initiated the physical confrontation.

Michael Drejka mistook the step back as a kick and that sunk him. That and running his mouth to the detective.

Running his mouth was the #1 mistake above all others.

 

[HaveGun]

My brother is a Detective and dad is a retired Chief of Police. My plan, if ever unfortunate enough to have to fire a gun in self-defense, is to say I want a lawyer and instruct the cops to call my dad and brother, then shut up.

My girlfriend has a dream catcher tattoo and still brings up my comments on them regarding only seeing them hanging from the rear view mirror of stripper's cars. I suspect she will bring that up for the duration of our relationship.

 

[Tarawa86]

My second wife blames me for things I said when married to the first wife.

I caught myself apologizing for something I did in a dream my wife had. I was like wait a minute, I'm not going to apologize for what dream me did; he can make his own apology.

 

[American123]

The side chutes of this thread are hilarious. I was married and divorced in my early 20's. Benefit of doing it that way is you generally don't have any major wealth to lose. Learned a lot from that experience about women. Came into my second marriage eyes open, bought a house before we were married and made it very clear the house was mine but she was welcome to stay with me in my house while we spent our lives married to each other. It's not that I intend to separate whatsoever, it's just that having it out on the table how things work makes it very clear whose is whose. Since she doesn't want to mow the lawn, weed whack, change the car oil, etc. many of the domestic household stuff falls to her. I still help out with dishes and other household chores, because I am such a nice guy though. The art of the deal is all about expectations. If I deliver more than is expected of me I am a great husband.

 

[SBC97281]

Back on topic. There are only two logical approaches as I see it

Law Professor James Duane is the lead in the best 46 minute video on youtube:

If you one who likes to talk stick to the words that Massad Ayoob suggests, and then keep your mouth shut:

 

[JohnnyMac]

I caught myself apologizing for something I did in a dream my wife had. I was like wait a minute, I'm not going to apologize for what dream me did; he can make his own apology.

Been there done that. My wife would say, "You know what you did in my dream last night?". Oh Boy....

 

[oldcorpgunny]

This is a lesson that I need to follow in regards to speaking with my wife. I swear I get in more trouble with her for chit I didn't do because I'm too dumb to shut my mouth....

I take my hearing aids out!

 

[JohnnyMac]

Running his mouth was the #1 mistake above all others.

Agree 100%. I have been locked into that youtube channel that the interview was on and been watching a whole slug of interviews that show people opening their mouths too much. It has been a good lesson for me.

 

[oldcorpgunny]

Been there done that. My wife would say, "You know what you did in my dream last night?". Oh Boy....

Mine got very suspicious when I returned from a fishing trip with a couple of my buddies and when she asked me what we had talked about I replied "nothing."