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re: Verdict: FLA July '18 'Stand Your Ground' - M. Drejka guilty in death of M. McGlockton

Posted on 8/24/19 at 1:32 am to
Posted by MiDixon Yermouth
Member since Sep 2018
295 posts
Posted on 8/24/19 at 1:32 am to
quote:

he was protecting his girlfriend from getting yelled at


Well, I'm not sure the shooting was completely warranted but that was a criminal act, NOT "protecting his girlfriend from getting yelled at".

In the U.S., the law intends for law abiding citizens to be protected by specific statutes. A simple motion towards another that has the mere appearance of the intent to shove, push, or the raising of a hand.. as if one may strike... is defined as an "assault". This is a crime.

If one completes the motion... and does shove, push, or strike another... this is defined as "assault and battery"... and that person becomes a criminal... he commits a crime punishable by law.

In majority of situations, yelling at someone is not a crime.. and there are no laws to protect a U.S. citizen from ever being yelled at (again, in majority of situations). So, McGlockton committed a crime, we clearly see criminal behavior.

Now, what we don't know.. is did Drejka shake his fist or verbally threaten the woman? If so, according to law, another crime was committed. But this still gives no legal right whatsoever for McG. to so much as even touch Drej., ...much less push him to the ground.

What we also don't know from the video... is did McG. make a verbal threat while assualting Drej.? If McG. said something like,"you yell at my girl?? M.F. I'll kill you", as his battery of Drej. took place, then I think you'll find the use of deadly force is well justified in a "stand your ground" state and many others.

In the U.S. there's simply no legal right for use of any type physical force for the action of Drej. yelling at the woman. If I shove someone to the ground, even if yelling at my wife... ..at that moment the law says I've become a criminal.. ..and I'd expect to be arrested and convicted for assault and battery. I'd also expect if I did this as a regular practice, I'd probanly end up shot and killed. If I verbally threaten that person while battering, I'd also know I've given that person legal right to shoot and kill me.

The bottom line here is simple. Abide by the law. If one abides by the law, chances of getting shot and killed decrease **significantly**. The selfish who take parking for the disabled do deserve reprimand. No apparent law was broken when Drej. confronted the woman. It may be questionable whether he had the right to shoot, but McG. did in fact show criminal behavior by shoving Drej. to the ground before the fact. The rest is history.... What is sad is that when any society begins to ignore its laws, no one is safe and there will be no real justice for anyone.
This post was edited on 8/24/19 at 1:44 am
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25880 posts
Posted on 8/24/19 at 2:20 am to
quote:

Abide by the law.


First, you have made some blanket statements about provocation when it requires more specifics of the case, just ask Buzz Aldrin.

After reading through the evidence presented I think the jury was probably moved by three factors:

1. the slow-motion version of the store video which did Drejka (the shooter) no favors

2. There was testimony Drejka had previously threatened to shoot a person (Kelly) parked in the same handicapped spot and also told Kelly's boss he should have shot him

3. In Drejka's questioning by police after the shooting he discussed things like the 21ft rule and legal terms for threat assessment normally used by police. It seems the police gave the jury the impression that Drejka may well have previously thought through this type of scenario at length. That coupled with the previous threats to Kelly built the impression he was literally looking for this scenario to unfold.

This case might have been much harder for the jury (it was a quick deliberation) had Drejka refrained from previously threatening to blow someones head off who parked in a handicapped spot. It probably didn't help him that he was accosting a woman with two small children in the car either.
This post was edited on 8/24/19 at 2:23 am
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