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re: Michael Drejka (florida shooter) charged with manslaughter of Markeis Mcglockton

Posted on 8/13/18 at 7:58 pm to
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/13/18 at 7:58 pm to
quote:

He didn't start it.


What makes you think the girl didn't feel threatened?
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 8/13/18 at 7:58 pm to
This thread is a perfect example of why I despise our trial by jury of peers system.
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 8/13/18 at 8:01 pm to
quote:

So the black guy didn't violently shove the other guy down to the ground unprovoked when there was no physical attack taking place?


He did. However, simple battery in Florida is not a felony.



quote:

Nope


Yep. The Florida self defense law clearly states that lethal force may be used to prevent a forcible felony. No where does the statute allow for lethal force in retaliation to a forcible felony (which this was not.)

The battery had already occurred before the shot was fired.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/13/18 at 8:01 pm to
quote:

This thread is a perfect example of why I despise our trial by jury of peers system.


Having been on several, I agree. Most aren't bright enough to understand the necessary information
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 8/13/18 at 8:03 pm to
quote:

Having been on several, I agree. Most aren't bright enough to understand the necessary information


And this appears to be a very uncomplicated case.

Imagine the average person with an IQ of 95-100 trying to understand weeks worth of testimony by DNA and recreation experts.

The system has outlived its utility.
Posted by troyt37
Member since Mar 2008
14688 posts
Posted on 8/13/18 at 8:03 pm to
quote:

True or false. None of this happens if your guy isn’t shouting at people over parking spaces.


How much of it happens if boyfriend isn’t there?
Posted by StupidBinder
Jawja
Member since Oct 2017
6392 posts
Posted on 8/13/18 at 8:04 pm to
quote:

I have yet to hear any audio, maybe you have. Even so, he didn’t violently attack the woman. The shooter was essentially sucker shoved, with what appears to have been enough force to have seriously injured the shooter, if not worse.

The shooter may be the biggest a-hole in the county, but anyone who says that they would not fear for their lives in the 10 seconds that follows the violent attack simply isn’t being truthful.


OK, for a movement let’s take the woman/screaming out of the picture.

Imagine you’re the shooter. You’re walking along and out of the blue, some guy runs up and shoves you and immediately starts backing away....as we see in the footage.

As you’re on the ground, is your first impulse really going to be “I’m pulling my gun and firing”? On a guy that is a good 5-10 feet away from you and backing away?
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 8/13/18 at 8:05 pm to
quote:

How much of it happens if boyfriend isn’t there?


How much of it happens if the offender doesn’t shoot a man who is backing up?

You can play this game all day and continue to waste time.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/13/18 at 8:06 pm to
quote:

As you’re on the ground, is your first impulse really going to be “I’m pulling my gun and firing”? On a guy that is a good 5-10 feet away from you and backing away?


Yep.
Posted by StupidBinder
Jawja
Member since Oct 2017
6392 posts
Posted on 8/13/18 at 8:06 pm to
quote:

How much of it happens if boyfriend isn’t there?


Who knows? Maybe QuickDraw McItchyTriggerFinger decides to pull out on the girl in the car.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 8/13/18 at 8:07 pm to
quote:

None of this happens if your guy isn’t shouting at people over parking spaces.



Is there a law against him doing that?

quote:

He committed a felony? Shoving someone is a felony?


Yes.

Assault can be a felony depending on how bad it gets and who it happens to.

Just scaring the shite out of someone can be considered assault although a misdemeanor and the black guy already took a step towards him after he shoved the white guy down.

quote:

And even if you’re ridiculous characterization were true, the “assault” was not occurring as the shooter


The black guy already tucked his pants up and took a step towards the white guy.

He wasn't done yet.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 8/13/18 at 8:08 pm to
quote:

The black guy already tucked his pants up and took a step towards the white guy


He was backing up when killed. It was retribution
Posted by StupidBinder
Jawja
Member since Oct 2017
6392 posts
Posted on 8/13/18 at 8:11 pm to
quote:

Is there a law against him doing that?


According to your interpretation of the law, apparently there is.

quote:

Just scaring the shite out of someone can be considered assault although a misdemeanor
Posted by StupidBinder
Jawja
Member since Oct 2017
6392 posts
Posted on 8/13/18 at 8:11 pm to
quote:

The black guy already tucked his pants up and took a step towards the white guy.

He wasn't done yet.


Well that didn’t happen at all.
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 8/13/18 at 8:15 pm to
quote:

Assault can be a felony depending on how bad it gets and who it happens to.


You’re confusing assault and battery and the actions in this case do not rise to the level of a felony.
Posted by troyt37
Member since Mar 2008
14688 posts
Posted on 8/13/18 at 8:15 pm to
quote:

Imagine you’re the shooter. You’re walking along and out of the blue, some guy runs up and shoves you and immediately starts backing away....as we see in the footage.


I disagree with that characterization of what is in the footage. It isn’t the greatest video, but I don’t see any sign of the attacker backing up until the guy produces the gun.

If I were on the jury, all I would need to know is whether the shooter feared for his life, or if he just wanted to kill his attacker. The latter could easily be true, but you must give the shooter the benefit of doubt, because he was the only one in that situation.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 8/13/18 at 8:17 pm to
quote:

This thread is a perfect example of why I despise our trial by jury of peers system.


quote:

Antonio Moss


I was going to respond to your other post but not so much when you clearly illustrate the disconnect here.

No matter what happens, the verdict of a a trail by jury is a verdict that the public is willing to accept, not one litigated by fancy lawyers and someone in a robe. If you want to take that away because a jury is too dumb, then you have no business being a lawyer.

It also makes sure common sense has a role in whatever issue is being litigated in court. Something that the legal beagles in this thread are keeping well away from.

It also provides certainty, no retrial (subject to recent reforms but only for serious crimes).

Someone that shits on a system that has worked well for hundreds of years is just suspect as hell.
This post was edited on 8/13/18 at 8:18 pm
Posted by Mo Jeaux
Member since Aug 2008
64548 posts
Posted on 8/13/18 at 8:18 pm to
quote:

If I were on the jury, all I would need to know is whether the shooter feared for his life


Well, this isn't the standard.

quote:

but you must give the shooter the benefit of doubt, because he was the only one in that situation.


Again, this isn't the standard.
Posted by DCtiger1
Member since Jul 2009
11924 posts
Posted on 8/13/18 at 8:19 pm to
Lethal force should be the last resort, not the first instinct. Nobody should have died. It’s a fricking state of affairs that people like you think lethal force is the end all be all. You telling be that they couldn’t have just walked away from that?

If you came out of the gas station and a man is in your wife’s face, how do you react? You have the mental capacity of a peanut
Posted by troyt37
Member since Mar 2008
14688 posts
Posted on 8/13/18 at 8:24 pm to
quote:

If you came out of the gas station and a man is in your wife’s face, how do you react? You have the mental capacity of a peanut



If your reaction is to violently attack the man, then I’d like you to meet Pot, Kettle.
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