Florida car-park killing: Gunman guilty as 'stand your ground' defence fails

[Zippyjuan]

https://www.bbc.com/news/world-us-canada-49459855

A white man who shot and killed an unarmed black man over a parking dispute in the US state of Florida has been found guilty of manslaughter.

Michael Drejka, 49, shot Markeis McGlockton after a fight broke out over a disabled parking space last year.

Drejka had cited the state's "stand your ground" law, which has provided a self-defence case for those threatened by deadly force or imminent danger.

Drejka faces up to 30 years in prison and will be sentenced in October.

"It's been well over a year since we've been dealing with this matter and I can safely say my family can rest now," McGlockton's father, Michael McGlockton, told reporters.

Drejka's lawyer, John Trevena, said his client would probably appeal against the verdict, which he called "a mystery".

The fatal shooting prompted protests and vigils around the state.

It also fuelled political debates around several polarising issues, including gun rights, race and self-defence.

Why did the shooting take place?
The dispute began after Drejka confronted McGlockton's girlfriend, Brittany Jacobs, because she had parked in a disabled parking space with two of her children.

As their argument escalated, McGlockton, 28, rushed from a nearby shop and pushed Drejka to the ground.

Drejka - who had a concealed weapons licence - then pulled out a gun and shot McGlockton.

CCTV footage shows McGlockton rushing back inside the shop while clutching his chest. He was taken to hospital in the city of Clearwater and pronounced dead.

Drejka claimed to have acted in self-defence, but police faced criticism for the initial decision not to charge him.

"If he was going to hit me that hard to begin with, a blind side from the get-go, what else should I expect?" he later said in a police interview.

Drejka also said that his "pet peeve" was illegal parking in disabled spaces, and he admitted to police that he had frequently taken photos of offending cars.

Court documents revealed he had been accused as an aggressor in four other road incidents between 2012 and 2018. In three of them, prosecutors alleged that he threatened people with a gun.

What happened in court?
A six-member jury took about six hours to reach the verdict late on Friday.

Drejka's lawyers argued McGlockton caused his own death by making Drejka fear for his life.

"The threat was real," Mr Trevena told the court. "He had the right to stand his ground and no duty to retreat".

But prosecutors said CCTV footage showed that McGlockton stepped away after the weapon was pointed at him.

Assistant State Attorney Scott Rosenwasser said it was a "cut and dry" murder by a self-proclaimed "parking lot vigilante".

"You know what Markeis McGlockton is guilty of?" Mr Rosenwasser asked the court. "He is guilty of loving and trying to protect his family and he died because of it."

During the proceedings, jurors had asked for more clarity over the state's self-defence law. Judge Joseph Bulone told them that all he could do was reread it to them.

What is stand your ground and why is it controversial?
Introduced in Florida in 2005, the law establishes the right for people to defend themselves, with lethal force if necessary, if they believe they are under the threat of bodily harm or death.

It overturns previous legal principles that dictate a person should retreat before using any force to defend themselves. But the law also states that legal protections cannot be given if the person instigated the altercation.

All but two of the 50 states have some form of stand-your-ground law. Critics argue it has led to more shootings and has made it harder for some criminals to be prosecuted.

Opponents also believe that a racial disparity exists in the law's enforcement.

Three separate academic studies have concluded that white people are more successful at using stand-your-ground defences against black attackers, compared with the same situation vice-versa.

The law came under intense scrutiny following the fatal shooting of an unarmed teenager in 2012.

George Zimmerman, a neighbourhood watchman, shot Trayvon Martin, who was walking back from a shop in the city of Sanford. Florida police cited the law after they released Mr Zimmerman without charge on the night of the shooting.

More than 480,000 people signed a petition calling for him to be prosecuted. He eventually stood trial but was found not guilty.

 

[acptulsa]

defence

I see they're still hiring British Zippies.

 

[pao]

My understanding is the jury has to look at the situation at the very moment shots were fired. As soon as he saw the gun the attacker immediately starts backing away, a couple seconds pass as he is backing up, then he is shot (at that moment the original attacker was not an an imminent threat in the eyes of most people). If the attacker was moving forward as he was shot, the shooter would have been found innocent. This why it should be ok to display a firearm to defuse a potentially dangerous situation without it being so bad that shots have to be fired.

 

[TheTexan]

Drejka forgot to shout "he has a gun!" before pulling the trigger.

 

[tod evans]

Drejka forgot to shout "he has a gun!" before pulling the trigger.

"Stop resisting" works too.

 

[Dr.3D]

Had he not shot the attacker, he would have been charged with brandishing a firearm.

Of course that would have been a lesser charge with less prison time.

 

[pao]

Had he not shot the attacker, he would have been charged with brandishing a firearm.

Of course that would have been a lesser charge with less prison time.

I think some states are starting to make brandishing a firearm, with the purpose of desclating in a situation, legal.

 

[UWDude]

so, where is the justice? Did she get ticketed for parking in the handicap apot or not?

 

[Zippyjuan]

I see they're still hiring British Zippies.

The article is from the BBC which of course is British. Surveillance video:



He pulls up and starts harassing a woman about how she is parked and yelling at her. Her husband is in the store and comes out and pushed the guy away. While he turns away from the gunman, the shooter pulls out his gun and shoots the husband who staggers back into the store where he dies.

Court documents revealed he had been accused as an aggressor in four other road incidents between 2012 and 2018. In three of them, prosecutors alleged that he threatened people with a gun.

 

[eleganz]

Shooter was clearly wrong. Assaulter did not continue his attack.

He should've announced he was carrying and call the police so they can charge this guy with assault and the woman for parking in a handicap space.

But look at the media, white black white black. More racial division.

 

[brushfire]

So I guess all the media horsesh!t hyperbole about castle doctrine, make my day law, and stand your ground was just... horsesh!t? Shocker...

Yup, this guy should rot in prison - what a POS.

 

[GunnyFreedom]

Well, that’s what happens when you murder someone.

 

[Anti Federalist]

But prosecutors said CCTV footage showed that McGlockton stepped away after the weapon was pointed at him.

That's what I saw.

The law is very clear on this point: you can not use deadly force if an attacker is backing away, or de-escalating, regardless of stand your ground laws.

 

[Schifference]

That's what I saw.

The law is very clear on this point: you can not use deadly force if an attacker is backing away, or de-escalating, regardless of stand your ground laws.

Police shoot people running away all the time.

 

[Anti Federalist]

Police shoot people running away all the time.

Uh huh...and?

They are above the law, and we all know that.

 

[Schifference]

Uh huh...and?

They are above the law, and we all know that.

Do you think in the police protocol policies it states it is okay to shoot people that are not aggressing?

 

[5Points]

Police shoot people running away all the time.

But what about officer safety?

 

[CoastieInColorado]

Do you think in the police protocol policies it states it is okay to shoot people that are not aggressing?

What kind of response is this to what he said? Is this how your brain works? I honestly thought only my teenage daughter was capable of such ridiculous mental gymnastics. Hell, you're even making up words like she does when trying to win the argument.

Of course no one thinks that, don't be dumb. It's the daily examples of cops getting off for shooting(robbing/beating/raping) people that weren't aggressing being aggressive is the problem, which was obviously what he was alluding to, not your version of what you wanted him to say.

They don't all get away with it, but the overwhelming majority of them do, hence the perception they are above the law. Qualified immunity says they are above the law.

 

[Anti Federalist]

What kind of response is this to what he said? Is this how your brain works? I honestly thought only my teenage daughter was capable of such ridiculous mental gymnastics. Hell, you're even making up words like she does when trying to win the argument.

Of course no one thinks that, don't be dumb. It's the daily examples of cops getting off for shooting(robbing/beating/raping) people that weren't aggressing being aggressive is the problem, which was obviously what he was alluding to, not your version of what you wanted him to say.

They don't all get away with it, but the overwhelming majority of them do, hence the perception they are above the law. Qualified immunity says they are above the law.

LOL - What he said.

Saved me some typing.

+rep

 

[Anti Federalist]

Do you think in the police protocol policies it states it is okay to shoot people that are not aggressing?

Just to clarify: I don't think it is "OK".

But under the Curricular Force Continuum that almost all cops are trained by today, "officer safety" is paramount.

Nothing else matters.

And if the cop in question can in any way make the claim that "I feared for my safety", no matter how thin or ridiculous that claim may be, he will most likely walk away from a deadly force incident that would have you or me looking at hard jail time, just like this one for instance.

So yes, their policy says it is "OK".

That is why I have, for years now, been preaching "Do Not Call Cops".

The risk you take is not worth it, especially in a volatile or fluid situation.