What’s more, Sanchez said, the sheriff failed to take into account another part of the self-defense
statute that says a person can use or threaten “force, except deadly force” if “the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
So, Sanchez said, there’s “unlawful force” and there’s “deadly force,” which is more serious. In the video of the incident, McGlockton clearly committed a battery and therefore used “unlawful force.” But Drejka used “deadly force” as a response — even though McGlockton was backing away. And because McGlockton had stepped back, Drejka was not “reasonably” in fear of great bodily harm or imminent death.