GUILTY FL - Markeis McGlockton, killed following parking dispute, Clearwater, 19 July 2018
- Thread starter SeesSeas
- Start date
Hraefn
Verified Attorney
- Joined
- Nov 19, 2014
- Messages
- 2,311
- Reaction score
- 6,422
O/T try Outline.com (enter the link for the article at that web address) to read the full text. It won't include pics or vids though.
Background of event with video of encounter of McGlockton and Drejka. From Court TV
https://www.courttv.com/title/8-19-19-fl-v-drejka-the-background/
https://www.courttv.com/title/8-19-19-fl-v-drejka-the-background/
I am cautiously optimistic that he will be convicted.
Public opinion seems to be moving away from issuing near "blank checks" to those who seek out confrontations and then "stand their ground". Also, the video footage and witness testimony shows that Drejka was being far more confrontational than simply following McGlockton around ala Trayvon Martin (I would have supported a conviction in that case as well).
Likewise, a Texas jury recently rejected the SYG claim of a man who initiated a relatively mild confrontation with somebody urinating in public. He was then given a recommended sentence of 25 years in prison. Though Texas is not Florida, there are cultural similarities between the two states.
I really hope that Drejka decides to testify. His use of tactical type language might not impress some jurors as it could reinforce the idea of a wanna be SWAT guy.
Then factor in that his 'force multiplier" interpretation is fuzzy- though not wrong per se. Force multiplier trains officers to move up one level in self defense (attacked with hands- use baton, pepper spray, taser). Though one can go up two levels lawfully depending on the situation, it needs to be justified- it is not automatic.
Not only can the circumstances work against Drejka in justifying the lethal force, but my guess is that Drejka is neither as smart nor as uhmm.... "tactical" as he thinks he is. Thus, he could well work against himself.
AzPistonsGirl
Well-Known Member
- Joined
- May 22, 2012
- Messages
- 6,679
- Reaction score
- 22,569
Here is my odd answer: I will be surprised either way this cases goes as there are arguments that a GOOD lawyer could make for for both sides.
This is a jury trial, so who knows. IMO We need professional juries in this country.
no one should die like this, no matter what. No one.
- Joined
- May 31, 2012
- Messages
- 4,841
- Reaction score
- 19,699
If they play the video in slow motion, frame by frame, I don’t think he will be convicted. You see McGlockton take a step toward Drejka after he’s already on the ground.
I am sure they will play the tape that way many times. But.... the fact that the step is said to be visible only in a slow motion step by step viewing would appear to indicate that there is room for interpretation.
Then factor in that the regulator initiated the confrontation. Though being a regulator and initiating confrontations is not against the law per se (so long as the regulator does not claim arrest authority), I am betting that the public has gotten tired of the concept.
One case that supports a "tired of regulators" possibility occurred here in Texas where a parking lot regulator was convicted or murder 2 and sentenced to 25 years in prison- despite being struck by the deceased and arguably not fully intending to kill him (regulator claimed he was attempting some kind of choke hold).
Trial in the Clearwater parking lot shooting, Day 1: It begins
August 19, 2019
Trial in the Clearwater parking lot shooting, Day 1: It begins
We’ll provide live updates in the manslaughter case against Michael Drejka, accused in the July 2018 shooting death of Markeis McGlockton.
DAN (5:49 p.m.)
After a short break, the jurors reenter and Judge Bulone tells 14 people they are excused from further jury service. The remaining 45 will return tomorrow at 9 a.m.
DAN (5:18 p.m.)
After the last juror leaves, Judge Bulone says it appears they have all overestimated the extent to which people read about and watch local news.
“The bottom line is we probably can get a jury out of these 90 people here,” he says.
[...]
KATHRYN AND DAN (2:34 p.m.)
Judge Bulone and the lawyers decide it’d be better if all the jurors left the courtroom and to individually call in the jurors exposed to pre-trial publicity. That means we get to listen in.
[...]
DAN AND KATHRYN (1:57 p.m.)
Jurors file back in. It’s worth noting the pool has only a handful of people of color. Racial tensions have swirled around the case from the start. Drejka is white. McGlockton was black and unarmed.
[...]
KATHRYN (1:28 p.m.)
We heard y’all have some questions. We have some answers.
Q: Why six jurors instead of 12?
A: Six jurors is the default in Florida. Juries are only 12 members when it’s a capital case, as in one with a penalty of death or life in prison.
Q: Did Britany Jacobs, Markeis McGlockton’s girlfriend, get a ticket for parking in the handicap-reserved space?
A: No.
[...]
DAN (10:41 a.m.)
The judge tells the jurors they can’t watch or read any news about the case while they’re fulfilling their jury duty.
He asks which of the prospective jurors subscribes to the Tampa Bay Times. Six hands go up.
[...]
KATHRYN (10:34 a.m.)
After some lessons in civic responsibility, Bulone reads the charging document to jurors. Read it, and Drejka’s arrest warrant, here.
[...]
DAN (10:30 a.m.)
The initial pool of 90 prospective jurors has crammed the benches in Courtroom 1. Judge Bulone has sworn them in.
[...]
August 19, 2019
Trial in the Clearwater parking lot shooting, Day 1: It begins
We’ll provide live updates in the manslaughter case against Michael Drejka, accused in the July 2018 shooting death of Markeis McGlockton.
DAN (5:49 p.m.)
After a short break, the jurors reenter and Judge Bulone tells 14 people they are excused from further jury service. The remaining 45 will return tomorrow at 9 a.m.
DAN (5:18 p.m.)
After the last juror leaves, Judge Bulone says it appears they have all overestimated the extent to which people read about and watch local news.
“The bottom line is we probably can get a jury out of these 90 people here,” he says.
[...]
KATHRYN AND DAN (2:34 p.m.)
Judge Bulone and the lawyers decide it’d be better if all the jurors left the courtroom and to individually call in the jurors exposed to pre-trial publicity. That means we get to listen in.
[...]
DAN AND KATHRYN (1:57 p.m.)
Jurors file back in. It’s worth noting the pool has only a handful of people of color. Racial tensions have swirled around the case from the start. Drejka is white. McGlockton was black and unarmed.
[...]
KATHRYN (1:28 p.m.)
We heard y’all have some questions. We have some answers.
Q: Why six jurors instead of 12?
A: Six jurors is the default in Florida. Juries are only 12 members when it’s a capital case, as in one with a penalty of death or life in prison.
Q: Did Britany Jacobs, Markeis McGlockton’s girlfriend, get a ticket for parking in the handicap-reserved space?
A: No.
[...]
DAN (10:41 a.m.)
The judge tells the jurors they can’t watch or read any news about the case while they’re fulfilling their jury duty.
He asks which of the prospective jurors subscribes to the Tampa Bay Times. Six hands go up.
[...]
KATHRYN (10:34 a.m.)
After some lessons in civic responsibility, Bulone reads the charging document to jurors. Read it, and Drejka’s arrest warrant, here.
[...]
DAN (10:30 a.m.)
The initial pool of 90 prospective jurors has crammed the benches in Courtroom 1. Judge Bulone has sworn them in.
[...]
Tampa Bay Times - BLOG - snip:
Trial in the Clearwater parking lot shooting, Day 1: It begins
DAN AND KATHRYN (11:05 a.m.)
[...]
Judge Bulone asks if any of the jurors would automatically believe or disbelieve what a police officer says just because he or she is a police officer. One woman raises a hand and says she would not believe a police officer.
A man also raises his hand when the judge asks if the jurors have strong feelings about law enforcement.
“What strong feelings do you have?” the judge asks.
“Negative,” the man says.
He says his opinion is based on personal experience and things that have appeared in media.
In the back row, a man says he has positive feelings about law enforcement, having worked for 38 years as a corrections officer. But he says if a police officer takes the witness stand, he won’t automatically believe or disbelieve the testimony.
A few more jurors express strong feelings, both positive and negative, toward law enforcement. The judge talks with each witness about whether they can remove those feelings in assessing testimony from cops.
Three say they wouldn’t be able to, two who feel negatively and one who feels positively.
[...]
Trial in the Clearwater parking lot shooting, Day 1: It begins
DAN AND KATHRYN (11:05 a.m.)
[...]
Judge Bulone asks if any of the jurors would automatically believe or disbelieve what a police officer says just because he or she is a police officer. One woman raises a hand and says she would not believe a police officer.
A man also raises his hand when the judge asks if the jurors have strong feelings about law enforcement.
“What strong feelings do you have?” the judge asks.
“Negative,” the man says.
He says his opinion is based on personal experience and things that have appeared in media.
In the back row, a man says he has positive feelings about law enforcement, having worked for 38 years as a corrections officer. But he says if a police officer takes the witness stand, he won’t automatically believe or disbelieve the testimony.
A few more jurors express strong feelings, both positive and negative, toward law enforcement. The judge talks with each witness about whether they can remove those feelings in assessing testimony from cops.
Three say they wouldn’t be able to, two who feel negatively and one who feels positively.
[...]
https://www.courttv.com/news/fl-v-michael-drejka-fatal-parking-lot-dispute/
FL V. MICHAEL DREJKA: PARKING LOT RAGE KILLING
August 19, 2019
Court TV (@CourtTV) | Twitter
Court TV on Twitter
Court TVVerified account @CourtTV
#13thJuror Poll: Is race the most important factor when picking a jury in FL v. #MichaelDrejka?
YES
NO
45 votes•22 hours left
2:28 PM - 19 Aug 2019
FL V. MICHAEL DREJKA: PARKING LOT RAGE KILLING
August 19, 2019
Court TV (@CourtTV) | Twitter
Court TV on Twitter
Court TVVerified account @CourtTV#13thJuror Poll: Is race the most important factor when picking a jury in FL v. #MichaelDrejka?
YES
NO
45 votes•22 hours left
2:28 PM - 19 Aug 2019
Yes, McGlockton advances toward Drejka and is still hovering while Drejka brings his upper body off the ground (after McGlockton violently shoved Drejka to the ground).
https://www.markpack.org.uk/139053/move-youtube-video/
How to move 1 frame at a time through a YouTube video
There are two very useful keyboard shortcuts for watching YouTube videos which almost never mentioned. They are the comma and the full stop.
Both work when you have paused a video (which you can do with the pause button or by pressing Space or K).
The first (,) nudges you back a frame in the video. The second (.) nudges you forward one frame.
J and L, by the way, move you 10 seconds at a go.
Video shows Michael Drejka shoot Markeis McGlockton | 10News WTSP
10News WTSP
Published on Aug 17, 2019
Michael Drejka parking lot shooting case moves into second day of jury selection
August 19, 2019
LARGO — Almost 100 people filed into a cavernous courtroom Monday and crammed onto the rows of wooden benches.
They sat facing a bunch of lawyers — prosecutors, defense attorneys, a judge. But tucked in the line of charcoal suits was Michael Drejka wearing a gray jacket, blue button-up and silver tie. He faced his peers, some of whom may end up deciding whether he walks free in a couple weeks, or whether he heads to prison for up to 30 years.
[...]
By the end of the day, the pool was whittled in half. The magic number is six, plus up to four alternates. Florida only has 12-member juries in capital cases.
The court lined up 200 more to come in Tuesday and Wednesday, but Bulone said he thinks they'll be able to get a jury from Monday's group by end of Tuesday.
[...]
He’d do his best to be a fair and impartial juror, he said, but "there’s always going to be some kind of unconscious bias."
The judge and lawyers for each side struck 14 people for apparent bias.
August 19, 2019
LARGO — Almost 100 people filed into a cavernous courtroom Monday and crammed onto the rows of wooden benches.
They sat facing a bunch of lawyers — prosecutors, defense attorneys, a judge. But tucked in the line of charcoal suits was Michael Drejka wearing a gray jacket, blue button-up and silver tie. He faced his peers, some of whom may end up deciding whether he walks free in a couple weeks, or whether he heads to prison for up to 30 years.
[...]
By the end of the day, the pool was whittled in half. The magic number is six, plus up to four alternates. Florida only has 12-member juries in capital cases.
The court lined up 200 more to come in Tuesday and Wednesday, but Bulone said he thinks they'll be able to get a jury from Monday's group by end of Tuesday.
[...]
He’d do his best to be a fair and impartial juror, he said, but "there’s always going to be some kind of unconscious bias."
The judge and lawyers for each side struck 14 people for apparent bias.
Another interesting defense witness - deposed last week - DR VALERIE MCCLAIN:
https://hpc.pinellasclerk.org/CaseDisplay.cshtml?CaseNbr=18-09851-CF
STATE OF FLORIDA vs. DREJKA, MICHAEL
Case Documents for: 18-09851-CF ( 168 Documents, on 7 web pages )
8/16/2019 DEPOSITION OF DR VALERIE MCCLAIN
https://hpc.pinellasclerk.org/CaseData/18-09851-CF/48355179.pdf
[...]
https://hpc.pinellasclerk.org/CaseDisplay.cshtml?CaseNbr=18-09851-CF
STATE OF FLORIDA vs. DREJKA, MICHAEL
Case Documents for: 18-09851-CF ( 168 Documents, on 7 web pages )
8/16/2019 DEPOSITION OF DR VALERIE MCCLAIN
https://hpc.pinellasclerk.org/CaseData/18-09851-CF/48355179.pdf
[...]
One article mentions that Drejka is facing up to 30 years in prison if convicted. I thought he was charged with Manslaughter, which appears to have a penalty of up to 15 years in prison.
Does anybody know what Drejka is being charged with and what the possible penalty is?
Does anybody know what Drejka is being charged with and what the possible penalty is?
Jax49
Florida Native
- Joined
- Mar 3, 2005
- Messages
- 10,038
- Reaction score
- 30,041
I have the same question. The charge is manslaughter, as you stated. And, I see the same sentence (15 years). Not sure where the 30 years is coming from. Any Florida lawyers in the house?
Man in Florida 'stand your ground' killing in parking lot charged with manslaughter
Per Florida Statutes, 2nd Degree Felony was bumped up to 1st Degree Felony.
[...] manslaughter, a felony of the second degree . . .
[...] the felony for which the person is charged shall be reclassified as follows:
(b) In the case of a felony of the second degree, to a felony of the first degree.
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
Charge Information
Charges: DREJKA, MICHAEL Statute Level
1. MANSLAUGHTER 782.07(1)/775.087(1) FELONY - 1ST DEGREE
The 2019 Florida Statutes
Title XLVI
CRIMES Chapter 782
HOMICIDE View Entire Chapter
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.—
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
[...]
https://www.documentcloud.org/documents/4755192-Michael-Drejka-Arrest-Warrant-081318.html
[...] manslaughter, a felony of the second degree . . .
[...] the felony for which the person is charged shall be reclassified as follows:
(b) In the case of a felony of the second degree, to a felony of the first degree.
https://ccmspa.pinellascounty.org/PublicAccess/default.aspx
Charge Information
Charges: DREJKA, MICHAEL Statute Level
1. MANSLAUGHTER 782.07(1)/775.087(1) FELONY - 1ST DEGREE
The 2019 Florida Statutes
Title XLVI
CRIMES Chapter 782
HOMICIDE View Entire Chapter
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.—
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
[...]
https://www.documentcloud.org/documents/4755192-Michael-Drejka-Arrest-Warrant-081318.html
Staff online
-
FraizeAdministrator
Online statistics
- Members online
- 102
- Guests online
- 3,400
- Total visitors
- 3,502