FL - Markeis McGlockton shot and killed in front of family, Clearwater, July 2018

[Jennifer17]

And I wonder why some people presume that he was being very polite to her and she was screaming and yelling at him? Is it because she is a woman? Or is there another reason?

 

[Cryptic]

I am against the SYG law and truly believe that MD should have taken the opportunity to use the gun as a deterrent rather than as a weapon. However, the SYG law is there and it is applicable in this case.

As a side note, the Texas variant specifically states that one cannot provoke or incite the other party, then claim defense under the SYG law. Likewise, I don't think the Texas version allows for early dismissal of the charges by a judge.

Though I don't know if that level of verbal altercation would constitute "provoking or inciting" another party, the DA of my county is adamant that nearly all "grey area" self defense shootings go to a grand jury. This is because he feels that such cases need review of the community, not a judge operating under:

Self Defense (n): People who think like I do have a broadly defined right to self defense. Most people who think like me, look like me. The actions of those who don't think like me are questionable.

I am not saying that I think the shooting was un- justified, just that such cases should go to a grand jury for community review.

 

[Cryptic]

But on what basis is he reasonably assuming his girlfriend was in danger?

He in no way assessed the situation. He wasn’t even on the scene long enough to make a determination of danger.

One does not need to be on a scene very long to make a determination of danger. The Japanese exchange student was killed after a very rapid assessment by the spouse for her husband to bring a weapon.

In this case, the individual could have appeared to be agitated, confrontational and completely unknown to the deceased. He also had one hand by his waist line (possibly reaching for a weapon?).

 

[glamourkitty1922]

Deadly force is not the reasonable equivalent of a shove to the ground, IMO.

SYG laws allow for physical response in some circumstances and I and many posters feel it may have been met in this scenario, just like some posters feel the shove allowed for deadly force under SYG.
Statutes & Constitution :View Statutes : Online Sunshine

Any physical attack falls under deadly force. Remember, D doesn't have to wait until he is beaten to a pulp. The first attack should always be the last attack.

 

[glamourkitty1922]

IMO
She got out of the car because she felt safe to do so because MM was there. She felt safe. She stayed in the car when DM was there because she felt unsafe.

Yet she says she wasn't threatened nor intimidated by D in her report to the police.

 

[Cryptic]

Any physical attack falls under deadly force. Remember, D doesn't have to wait until he is beaten to a pulp. The first attack should always be the last attack.

This may not be accurate. Remember the "popcorn shooter"? He was attacked, yet his SYG claim was rejected. Now, he is going to trial for Second Degree Murder.

 

[glamourkitty1922]

This may not be accurate. Remember the "popcorn shooter"? He was attacked, yet his SYG claim was rejected. Now, he is going to trial for Second Degree Murder.

A kernal of popcorn being thrown isn't the same as being slammed into concrete. I think that falls under casual contact which you cannot defend yourself from.

 

[glamourkitty1922]

This is what the judge says about the popcorn incident.

Because the defendant's testimony was significantly at odds with the physical evidence and other witness testimony, this court has considerable doubts about his credibility, and is not willing to come to the conclusion that these circumstances are those envisioned by the Legislature when the 'stand your ground' law was enacted," Barthle ruled.

 

[Cryptic]

A kernal of popcorn being thrown isn't the same as being slammed into concrete. I think that falls under casual contact which you cannot defend yourself from.

A kernel, or a whole box in the dark, or a shove, reacting to any attack with deadly force is a good way to be criminally charged. Rather, an individual must show a reasonable belief that he or she is facing serious bodily harm.

I once had a smaller, older idiot shove a laundry cart into me. I stayed on my feet, though I was knocked back. Reacting to that attack by killing the other man would not have been a good idea.

 

[Hraefn]

Any physical attack falls under deadly force. Remember, D doesn't have to wait until he is beaten to a pulp. The first attack should always be the last attack.

That’s just absolutely not correct.

 

[SeesSeas]

Pinellas ‘stand your ground’ case now in prosecutors’ hands
Published: August 1, 2018
Updated: August 1, 2018 at 07:47 PM

The Pinellas County Sheriff’s Office on Wednesday handed over its investigation into the fatal shooting of 28-year-old Markeis McGlockton to the Pinellas-Pasco State Attorney’s Office.

Chief Assistant State Attorney Bruce Bartlett confirmed his office received more than 400 pages of reports from sheriff’s investigators.

Pinellas Sheriff Bob Gualtieri has repeatedly said that his interpretation of Florida’s "stand your ground" law precluded him from arresting Michael Drejka, 47, who fatally shot McGlockton on July 19 in a confrontation over a handicap-reserved parking space at a convenience store near Clearwater.

Now it will be up to the office of State Attorney Bernie McCabe to decide whether to charge Drejka, refer the case to a grand jury or close the case with no charges.

 

[SeesSeas]

Bernie McCabe, State Attorney - Domestic Violence

Bernie McCabe
State Attorney
Pinellas and Pasco Counties
Sixth Judicial Circuit of Florida

Education

• Bachelor of Arts, 1969, Stetson University
• Juris Doctor, laude, 1972, Stetson University College of Law

Employment

• Elected State Attorney November 1992
• Re-elected State Attorney 1996, 2000, 2004, 2008, 2012
• Assistant State Attorney 1972-1992
• Previous positions: Chief Assistant State Attorney, Executive Assistant State Attorney, and Division Director in St. Petersburg and in Pasco County.

 

[andreww]

Pinellas ‘stand your ground’ case now in prosecutors’ hands
Published: August 1, 2018
Updated: August 1, 2018 at 07:47 PM

The Pinellas County Sheriff’s Office on Wednesday handed over its investigation into the fatal shooting of 28-year-old Markeis McGlockton to the Pinellas-Pasco State Attorney’s Office.

Chief Assistant State Attorney Bruce Bartlett confirmed his office received more than 400 pages of reports from sheriff’s investigators.

Pinellas Sheriff Bob Gualtieri has repeatedly said that his interpretation of Florida’s "stand your ground" law precluded him from arresting Michael Drejka, 47, who fatally shot McGlockton on July 19 in a confrontation over a handicap-reserved parking space at a convenience store near Clearwater.

Now it will be up to the office of State Attorney Bernie McCabe to decide whether to charge Drejka, refer the case to a grand jury or close the case with no charges.

I highly doubt that this case will go any further. The Attorney Generals job is to push forward cases that the state has a reasonable prospect of winning and in this case I just don't feel that the evidence is there. MD did not break any laws. He was viciously knocked to the ground, then advanced upon. I see no reason why SYG would not apply here. The last thing the state needs is another high profile case revolving around SYG.

 

[Wagtales10]

I highly doubt that this case will go any further. The Attorney Generals job is to push forward cases that the state has a reasonable prospect of winning and in this case I just don't feel that the evidence is there. MD did not break any laws. He was viciously knocked to the ground, then advanced upon. I see no reason why SYG would not apply here. The last thing the state needs is another high profile case revolving around SYG.

bbm
Video has proven that he was backing up before the gun was pulled. You even agreed with that. So why keep spreading the mistruth? Let's keep to the facts. Shooting a retreating person is not applicable in SYG, thus this should advance.

 

[glamourkitty1922]

That’s just absolutely not correct.

Ok, quote the law stating D has to be beaten to a pulp before using self defense. Do the research and you will find that I am correct.

 

[andreww]

bbm
Video has proven that he was backing up before the gun was pulled. You even agreed with that. So why keep spreading the mistruth? Let's keep to the facts. Shooting a retreating person is not applicable in SYG, thus this should advance.

Not going to argue with you about it. Even the girlfriend said he backed up when he saw the gun. And I never said he backed up before he saw the gun. Never. I said when he backed up MDs hand was already on his hip and that MM likely saw the gun or the holster.

But whatever, thats irrelevant anyway. MDs course of action was decided upon whilst MM was advancing on him. The two seconds it took him to draw and shoot was simply not enough time for him to process the two backwards steps.

 

[andreww]

Ok, quote the law stating D has to be beaten to a pulp before using self defense. Do the research and you will find that I am correct.

You are correct. He only had to fear the threat of physical harm. The statute was posted yesterday or the day before.

 

[Hraefn]

Ok, quote the law stating D has to be beaten to a pulp before using self defense. Do the research and you will find that I am correct.

I never claimed that. Please cite the law saying any physical attack falls under deadly force. That is what was absolutely incorrect about the prior post.

 

[Hraefn]

You are correct. He only had to fear the threat of physical harm. The statute was posted yesterday or the day before.

That is not the part of the statute relating to deadly force. Deadly force is part two. You are referring to part one.

 

[Wagtales10]

Not going to argue with you about it. Even the girlfriend said he backed up when he saw the gun. And I never said he backed up before he saw the gun. Never. I said when he backed up MDs hand was already on his hip and that MM likely saw the gun or the holster.

But whatever, thats irrelevant anyway. MDs course of action was decided upon whilst MM was advancing on him. The two seconds it took him to draw and shoot was simply not enough time for him to process the two backwards steps.

bbm... link?

This is a lot of speculation on your end. We can only go by what was on the footage and actually reported in MSM. He backed up and by the letter and spirit of the law he was not a deadly threat.

Also it is completely relevant as MM was not a threat when backing up. The situation was over after MM stepped back multiple steps before MD ever even pulled out a gun. If a man is 5-7 feet away and stepping backwards, imo that is not a immediate deadly threat to MD. IMO he had a itchy trigger finger as per reports he had harassed others and threatened to shoot them too.