Stand Your Ground

On July 2018, police say Michael Drejka fatally shot Markeis McGlockton who had shoved and knocked him to the ground in an argument over a parking space in a relatively empty parking lot in Florida.  This case is now coming to trial in the criminal justice system.  I expect it to be followed with a civil suit, regardless of the outcome.  Civil courts have lower standards of proof.

The case begins with Dreika starting a verbal argument with McGlockton’s girlfriend over parking in a handicap parking space.  The girlfriend exits the car, the argument continues in the parking lot.  McGlockton leaves the store and the store video security tape shows him pushing Dreika to the ground.  Drejka draws his sidearm, fires once and kills McGlockton.

Read more here: 

http://tactical-talk.blogspot.com/2018/07/death-in-parking-lot.html

Florida has stand your ground laws.  What does this mean?

One CNN online article reports that Florida law states “a person has no duty to retreat and has the right to use deadly force if he "reasonably believes" that doing so will prevent imminent death or great bodily harm.” (My underlining.)

The interesting thing is all the pundits leave the last phrase out.  CNN legal analyst Mark O'Mara said "But in 'stand your ground' states, you have no obligation to retreat. "  CNN amplifies it with “In other words, someone facing an imminent threat can use lethal force right away -- without first trying to escape.”

Stand your ground laws are not a license to kill.  They are part of the affirmative defense that justifies taking a life in protection of yours.  You will always have the obligation to PROVE you were faced with unavoidable, imminent death or great bodily harm.

In my opinion it is a tactical ADVANTAGE if you can safely retreat, especially if the new location gives you a physical advantage.  It is also my belief that should you be forced to shoot in self-defense, juries are sympathetic if you can demonstrate you attempted to de-escalate by retreating.

It will be interesting to see how it plays out in the Florida courts.  I still stand by my original assessment from the video tape.  Drejka is guilty of murder and belongs in jail.

Any comments?

PS: (5 Sept 19)  Drejka convicted of manslaughter, faces 30 years in prison....

Off point observation

Have you that noticed too many of the fringe lunatic spree shooters and brother cyber extremists look happy in their booking photos.  They smile with both their months and eyes; their face beams into the camera.  They are truly happy achieving what we consider 30 seconds of fame.  In their little world of misfits they are now famous for a minute until someone new become along.  The cycle just continues to drive itself.