GUILTY FL - Markeis McGlockton, killed following parking dispute, Clearwater, 19 July 2018

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Michael Drejka did not take the stand Friday as the defense rested in his manslaughter trial for killing an unarmed man outside a convenience store in Florida last summer.

The family of the victim, Markeis McGlockton, filled the first row of the courtroom on a day defense attorneys presented two expert witnesses who testified about the defendant's state of mind and his actions at the time of the shooting.

The court then instructed jurors on the law before closing arguments started late Friday morning.

Prosecutor Fred Schaub quietly told McGlockton's family before the closings, "I bet you never thought this day would come.
Jury deliberations in 'Stand Your Ground' trial set to begin
 
Trident said:
And IMO McGlockton should have kept his hands to himself. Anyone who knocked me to the ground would put me in fear of my life.
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Exactly! This was no push, he was violently shoved to the ground.

If I were MD I would be thinking what is he going to do next esp. Since MM girlfriend said to MD that MM was going to F him up.

Jmo.
 
STATUTORY PRESUMPTIONS: DWELLINGS, RESIDENCES, VEHICLES
In addition to abolishing the ‘duty of retreat’ rule, “Stand Your Ground” goes one step further in cases involving dwellings, residences, and vehicles.

Where an unlawful entry occurs (or is in the process of occurring) in these locations, § 776.013(2) creates a presumption that a use of deadly force by the occupant was undertaken with the requisite “reasonable fear of imminent death or great bodily harm.” § 776.013(2) provides:

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force. . . if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

The presumption of “reasonable fear” employed in the context of dwellings, residences, and vehicles abandons the Castle Doctrine’s requirement that the user of force affirmatively show that he or she acted under the belief of imminent death or great bodily harm.

In addition to presuming a reasonable belief on part of the victim-occupant, Stand Your Ground imposes a second presumption on part of the person against whom force is used. § 776.013(4) provides:

A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Florida Stand Your Ground Law | Use of Deadly Force in Self-Defense
 
iluvmua said:
If I were MD I would be thinking what is he going to do next...
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The victim may of had similar thoughts: Stranger approaches his family giving orders that he has no authority to give (erratic). Then he starts cursing. His hand is always near his waistband and he states that he is willing to fight.

The victim is not in possession of a truly effective weapon. Fearing an impending attack by a 'regulator', and with an eye on the regulators hovering hand, he shoves him away from his family. Nobody needs to wait to be victimized by either a gang member or a regulator.

At the end of the day, one cannot give narrow self defense rights to those identified as "gangsters", but allow "regulators" broad self defense rights. Ironically, many of those individuals are opposite sides of the same fake coin.
 
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Cryptic said:
The defense is not citing Florida's Stand your Ground law. In addition, the defense has not claimed that Florida law inherently forbids the prosecution of Drejka and the judge has accepted the charges and the trial as lawful.

I believe that the prosecution's ability to bring charges against Drejka and Zimmerman (Martin case) is based on another provision of Florida Law that stipulates those initiating confrontations have a higher burden of proof.

In short, the cited provision might not be the only component of Florida Laws governing self defense. If there is confusion, Florida's legislature has a moral obligation to re word the law as clearly people like Drejka feel empowered by it.

In contrast, the Texas law clearly states that one cannot provoke or incite another individual, then "SYG". Florida may have a similar concept where the burden of proof is increased, but it is buried in other provisions.

Any attorneys or other people know what makes Deka's prosecution lawful?
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I could only refer you to the charging affidavit, which has been shared here. The legal knowledge I have from my education and litigation practice supports what is stated in the affidavit.
 
iluvmua said:
Exactly! This was no push, he was violently shoved to the ground.

If I were MD I would be thinking what is he going to do next esp. Since MM girlfriend said to MD that MM was going to F him up.

Jmo.
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If I had been MD, I would've thought the confrontation I started had then ended once I was shoved to the ground. I think reasonable minds can differ on this, but I would never ever have felt justified to shoot a person who shoved me to the ground when I started the confrontation and was yelling at their family for being illegally parked (while I was illegally parked).
 
Jewels53 said:
This is Not a Stand Your Ground Case!
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The way that I understand it. . . this is a Stand Your Ground defense case, but it isn't a Stand Your Ground immunity hearing.
No 'stand your ground' immunity for Clearwater shooter Michael Drejka

Media reports of jury instructions I heard today as read by the judge:
Trial in the Clearwater parking lot shooting: Day 5, nearing the end
[...]
The judge reads instructions about the justifiable use of deadly force.

The jury must decide if Drejka reasonably believed that such force was necessary to prevent imminent death or great bodily harm.

“The appearance of danger must have been so real that a reasonably cautious and prudent person would have believed that the danger could be avoided only through the use of that force,” the judge reads.

The instructions explain that if Drejka was not doing anything illegal and was in a place where he had a right to be, he had “no duty to retreat” and a “right to stand his ground.”
[...]
 
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I've changed my mind after seeing stills of where MM and where MD was.

At that point, I don't think MD was in any real danger.

Now if after MM continued to beat up and or kick DM while he was on the ground then I could see where DM would be in reasonable fear for his life.

Send him to prison.

Jmo
 
BayouBelle_LA said:
I know this doesn’t have anything to do with the trial or outcome - but I thought it was weird that BJ moved her vehicle from the handicapped spot to the front of the store after MM was shot.
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I missed that fact. Is is rather strange. It makes me wonder what her reasoning was at the time?
 
MIchael Drejka Trial - YouTube
MIchael Drejka Trial
22 videos

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Michael Drejka Trial Day 2 Witnesses Det Richard Redman, Natasha Mead & Roy Bedard 082119
Law & Crime Network

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Michael Drejka Trial Day 2 Witnesses Roy Bedard, ME Dr Noel Palma & Dr Bruce Goldberger
Law & Crime Network

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Michael Drejka Trial Day 2 Witness: Dr Bruce Goldberger
Law & Crime Network

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Michael Drejka Trial Day 2 Witness Dr Daniel Buffington
Law & Crime Network

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[Deleted video]

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Michael Drejka Trial Day 3 Witness Dr Valerie McClain & Sean Brown
Law & Crime Network

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Michael Drejka Trial Day 3 Witness Roy Bedard
Law & Crime Network

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Michael Drejka Trial Jury Instructions
Law & Crime Network

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Michael Drejka Trial Prosecution Closing Argument
Law & Crime Network

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Michael Drejka Trial Defense Closing Argument
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Michael Drejka Trial Prosecution Rebuttal Closing Argument
Law & Crime Network

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Michael Drejka Trial Jury Charge
Law & Crime Network
 
I felt that the trial was representative of what happened to the victim.

Key here was the video:
Just hours after gunning down Markeis McGlockton, Drejka told detectives he opened fire on July 19, 2018, when the unarmed man shoved him to the ground outside a Circle A store in Clearwater and took one step toward him, a scenario the jury apparently rejected after viewing security video multiple times that showed the victim step back when he saw Drejka pull a firearm. Florida 'stand your ground' shooter found guilty of manslaughter
 
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