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

[SeesSeas]

I'm surprised they just listed location of tattoos vs what they depicted. IMO

Pinellas County Sheriff's Office Charge Report
DREJKA, MICHAEL 1769743
Scars, Marks & Tattoos
panther on lower arm and eye on inner
jap mad on center tribal eyes and eye on inner
calf tribal

 

[flourish]

He held that lady and baby hostage with verbal assaults while looming towards her car. She was terrified once she seen him place his hand near his hidden gun. Others wanted to help but her boyfriend came to her rescue.

This guy deserves significant decades in jail. He also should have lost his license from the previous road rage incident where he was the only one to pull out a gun.

It certainly appears he was eager for an opportunity. I am very glad this is being addressed as it should.

Regardless of the outcome, I feel all killings should have ample oversight and review in a very thorough manner.

 

[kimlynn]

He held that lady and baby hostage with verbal assaults while looming towards her car. She was terrified once she seen him place his hand near his hidden gun. Others wanted to help but her boyfriend came to her rescue.

This guy deserves significant decades in jail. He also should have lost his license from the previous road rage incident where he was the only one to pull out a gun.

His previous victims are probably kicking themselves for not filing against him. IMO

 

[rdm64]

Every western country in the world has those tenets. They are not original to the Founding Fathers. It was contained in the 1215 Magna Carta.

As the other poster had mentioned double jeopardy, it is not every western country at all. some western countries have no such prohibition against double jeopardy, and most have a putative prohibition yet make exceptions that would never be allowed in the US. EG. S. Africa has a prohibition against double jeopardy but this did not stop an overturn of a not guilty verdict on Pistorius. No higher court in the Us can overturn a court of first instance finding of not guilty

I've lived and worked all over the world and although I dealt with intellectual property and freedom of speech/press laws, I can tell you that no country has the aggregate real world protections of fourth and fifth amendment rights we have in the US. We don't just have more First and Second Amendment rights, we have stronger civil liberties/privacy and criminal justice protection rights in general. For example warrants are more difficult to obtain, and evidence usable is much more narrow in the US than anywhere. and certainly double jeopardy is very different outside the US.

 

[Cryptic]

I doubt there will be a conviction. The case may never go to trial. There will be many legal maneuvers. Waiting for the Motion to Dismiss.

Sure, there will be a Motion to Dismiss. But, there are motions and then there are Motions.

Motions are filed by private attorneys - or preferably by a team of private attorneys devoting their full attention to a case. All of this usually costs a lot money.

D was not identified by profession, had recently moved to Florida, might not be married and was not dressed for success at his arrest. Though this does not establish that he lacks disposable income, it could well be an indicator.

My guess is that Florida's budgetary outlay towards Public defenders is on the "minimal" side of the house. That means that D could end up being represented by a competent attorney who also has a big case load. This will probably involve filling "motions" for D and the rest.

In contrast, the dazzling delays on behalf of the Popcorn Shooter are being implemented by a defense team funded by a police capitan's pension that is quite possibly supplemented by equity loans on a home benefiting from the Florida real estate boom.

In short, if D lacks cash, he is probably going to trial sooner than later.

 

[flourish]

Pinellas County Sheriff's Office Charge Report
DREJKA, MICHAEL 1769743
Scars, Marks & Tattoos
panther on lower arm and eye on inner
jap mad on center tribal eyes and eye on inner
calf tribal

Thank you for the additional information. Does anyone know what "jap mad" is referring to? Is that an abbreviation for a body part(s)? Thank you in advance for your assistance.

 

[Jennifer17]

As the other poster had mentioned double jeopardy, it is not every western country at all. some western countries have no such prohibition against double jeopardy, and most have a putative prohibition yet make exceptions that would never be allowed in the US. EG. S. Africa has a prohibition against double jeopardy but this did not stop an overturn of a not guilty verdict on Pistorius. No higher court in the Us can overturn a court of first instance finding of not guilty

I've lived and worked all over the world and although I dealt with intellectual property and freedom of speech/press laws, I can tell you that no country has the aggregate real world protections of fourth and fifth amendment rights we have in the US. We don't just have more First and Second Amendment rights, we have stronger civil liberties/privacy and criminal justice protection rights in general. For example warrants are more difficult to obtain, and evidence usable is much more narrow in the US than anywhere. and certainly double jeopardy is very different outside the US.

The US will overturn guilty and not guilty verdicts on appeal, won't they?

 

[DexterMorgan]

The US will overturn guilty and not guilty verdicts on appeal, won't they?

There's no overturning a not guilty verdict in the U.S.

So people like OJ Simpson and Casey Anthony can basically now admit to the murders without fear of being reprosecuted.

 

[kimlynn]

Sure, there will be a Motion to Dismiss. But, there are motions and then there are Motions.

Motions are filed by private attorneys - or preferably by a team of private attorneys devoting their full attention to a case. All of this usually costs a lot money.

D was not identified by profession, had recently moved to Florida, might not be married and was not dressed for success at his arrest. Though this does not establish that he lacks disposable income, it could well be an indicator.

My guess is that Florida's budgetary outlay towards Public defenders is on the "minimal" side of the house. That means that D could end up being represented by a competent attorney who also has a big case load. Sure, he will devote a certain amount of time to D- as well as the other defendants assigned to him. This will probably involve filling "motions"

In contrast, the dazzling delays on behalf of the Popcorn Shooter are being implemented by a defense team funded by a police capitan's pension that is quite possibly supplemented by equity loans on a home benefiting from the Florida real estate boom.

In short, if D lacks cash, he is probably going to trial sooner than later.

Or he could get an attorney that takes the case for the publicity it will bring.IMO

 

[kimlynn]

Thank you for the additional information. Does anyone know what "jap mad" is referring to? Is that an abbreviation for a body part(s)? Thank you in advance for your assistance.

Nope, and I wondered what it meant as well.

 

[Jennifer17]

There's no overturning a not guilty verdict in the U.S.

So people like OJ Simpson and Casey Anthony can basically now admit to the murders without fear of being reprosecuted.

So, only a guilty verdict can be overturned?

 

[bears10]

So, only a guilty verdict can be overturned?

I don’t think many defendants found not guilty are rushing for appeals on their rulings.

Eta- I assume you’re trying to make a point without directly coming out and saying it, which can be frustrating. Sorry.

 

[flourish]

Deleted

 

[DexterMorgan]

So, only a guilty verdict can be overturned?

Yes. And it takes something like prosecutors misconduct or new evidence that vindicates said individual totally.


Now if a prosecutor or the state messes up then a guilty verdict can be overturn and then recharged later if the state wants too.

But if new evidence vindicates the person then the verdict is overturned and completely tossed.

 

[SeesSeas]

Sure, there will be a Motion to Dismiss. But, there are motions and then there are Motions.

There is this unique motion:
What is a Stand Your Ground Immunity Motion?
What is a Stand Your Ground Immunity Motion?
[...]
An "immunity motion" is a pre-trial motion to dismiss criminal charges under the authority of 776.032, where it appears that the accused person (1) acted in self defense; and (2) used only the degree force that was necessary to defend himself, herself, or another.
[...]

 

[SeesSeas]

D was not identified by profession, had recently moved to Florida, might not be married and was not dressed for success at his arrest. Though this does not establish that he lacks disposable income, it could well be an indicator.

He's listed as RETIRED on the data sheet at this link: Michael Drejka Arrest Warrant 081318

. . . moved to Pinellas County about eight years ago where he got married
More about his background:
Stand Your Ground convenience store shooting: Why did he pull the trigger?
Updated: Jul 30, 2018 02:02 PM EDT
The owner of the convenience store knows Drejka as a frequent customer and for the most part, a regular guy.
“He's a quiet guy. he comes in, he buys his drink, 'hi how you doing,' and he leaves,” said Ali Salous.
[...]
Public records show Drejka, age 48, was born in Delaware and moved to Pinellas County about eight years ago where he got married.
[...]

 

[Cryptic]

Or he could get an attorney that takes the case for the publicity it will bring.IMO

Good point. That is also a possibility.

 

[DexterMorgan]

Good point. That is also a possibility.

Jose Baez is salivating at the thought. First Casey then Aaron Hernandez.

But whoever the lawyer will be. A pretrial motion is definitely going to be the 1st stop. Then a plea offer if things go further. Then a trial if the offer is not accepted. Jmo

 

[rdm64]

There are two open cases of Stand Your Ground which are in the same judicial circuit (Circuit 6) prosecuted by the same State Attorney:
State Attorney, Bernie McCabe - Pinellas and Pasco Counties
The other open case is the ‘Movie Theater Popcorn Shooter’ - JAN 2014 – Still no trial and it’s been 4.5 years.
State of Florida vs Curtis Reeves

Retired Police Captain Reeves is not a stand your ground case. A defense attorney throwing it in as part of a kitchen sink defense when he knew it was not going to qualified as even being considered as such does not make it a stand your ground -- especially given the judge threw out evoking stand your ground in that case last year.

Defense attorneys trying anything does not mean the case provides a good case study of the law thrown in. If defense attorney evokes diminished mental capacity in a case where there is none, it does not mean it is a good example of why we would need to eliminate diminished mental capacity considerations or laws.

Arguing in the alternative (ie saying: "We say 'A' is not true, but even if 'A' is true, 'B' means we should prevail) is common in both civil and criminal cases. It does not mean a hail mary evocation of "B" in that case means "B" is invalid in all cases.

 

[SeesSeas]

Retired Police Captain Reeves is not a stand your ground case. A defense attorney throwing it in as part of a kitchen sink defense when he knew it was not going to qualified as even being considered as such does not make it a stand your ground -- especially given the judge threw out evoking stand your ground in that case last year.

Defense attorneys trying anything does not mean the case provides a good case study of the law thrown in. If defense attorney evokes diminished mental capacity in a case where there is none, it does not mean it is a good example of why we would need to eliminate diminished mental capacity considerations or laws.

Arguing in the alternative (ie saying: "We say 'A' is not true, but even if 'A' is true, 'B' means we should prevail) is common in both civil and criminal cases. It does not mean a hail mary evocation of "B" in that case means "B" is invalid in all cases.

State of Florida vs Curtis Reeves could ultimately be a Stand Your Ground case.

Five times Florida’s ‘stand your ground’ law sparked controversy
Updated: July 23, 2018 at 04:35 PM
A trial date for Reeves has been set for Feb. 25, 2019. However, it is unknown to what extent recent changes to the "stand your ground law" passed by the Florida Legislature could affect Reeve’s case.

"Stand your ground" ruling could mean new hearing in Wesley Chapel movie theater shooting
7:17 PM, May 9, 2018
Nicole Oulson’s attorney TJ Grimaldi says he can’t believe a district court of appeals ruling, saying the revised stand your ground law can apply to the Curtis Reeves case.