Clearwater Parking Lot Shooter

[BuccaneerBrad]

I'm surprised no one is talking about this seeing as it's in the West Florida guys' neck of the woods and very relatable to the gun thread.

Long story short, Markeis McGlockton pulls up to a convenience store with his GF and toddler son in the car and parks in a handicapped space without a handicap sticker.   He figures it will be a quick in and out.   While in the store, Michael Drejka walks up to the car and harasses McGlockton's girlfriend.  Apparently they got loud that McGlockton came out of the store and shoved Drejka to the ground, then backed away.   Drejka responded by pulling out a gun and shooting McGlockton dead.   Drejka wasn't arrested until a few days later.   At his trial, he tried to invoke Florida's "Stand Your Ground" law but it didn't hold up and he was convicted.   He has since filed a motion for a new trial.

I, for one, don't think Stand Your Ground applies here seeing as Drejka instigated the whole altercation and he's been known to harass others who park in that spot without a sticker.   

[pondwater]

I'm surprised no one is talking about this seeing as it's in the West Florida guys' neck of the woods and very relatable to the gun thread.

Long story short, Markeis McGlockton pulls up to a convenience store with his GF and toddler son in the car and parks in a handicapped space without a handicap sticker.   He figures it will be a quick in and out.   While in the store, Michael Drejka walks up to the car and harasses McGlockton's girlfriend.  Apparently they got loud that McGlockton came out of the store and shoved Drejka to the ground, then backed away.   Drejka responded by pulling out a gun and shooting McGlockton dead.   Drejka wasn't arrested until a few days later.   At his trial, he tried to invoke Florida's "Stand Your Ground" law but it didn't hold up and he was convicted.   He has since filed a motion for a new trial.

I, for one, don't think Stand Your Ground applies here seeing as Drejka instigated the whole altercation and he's been known to harass others who park in that spot without a sticker.   

Another case of two idiots with the "I've got a bigger dick than yours" syndrome.

[Phishfan]

Both guys suck

[MyGodWearsAHoodie]

I, for one, don't think Stand Your Ground applies here seeing as Drejka instigated the whole altercation and he's been known to harass others who park in that spot without a sticker.   

Based on your own description I would not consider Drejka the instigator.

M violates federal law.

D orally criticizes M for violating federal law.

M responds to oral criticism with violence.

IMHO, D shooting M exceeds proportionality and thus D greatly escalate beyond appropriate. 

But M most certainly instigated the incident first by ignoring federal law and then by escalating an oral confrontation over his criminal activity into a physical one.

[pondwater]

Based on your own description I would not consider Drejka the instigator.

M violates federal law.

D orally criticizes M for violating federal law.

M responds to oral criticism with violence.

IMHO, D shooting M exceeds proportionality and thus D greatly escalate beyond appropriate. 

But M most certainly instigated the incident first by ignoring federal law and then by escalating an oral confrontation over his criminal activity into a physical one.

I would tend to agree. You don't physically assault someone unless they put their hands on you first. If you do, you deserve what you get. You don't know what kind of nut you'll run into these days. Words don't matter.

[Dave Gray]

In terms of "why is nobody talking about this", it doesn't really sound like there's much to talk about.

Someone started crap with someone acting like an asshole, lost their cool, shot someone, got convicted -- that's the way it's supposed to work.

[pondwater]

In terms of "why is nobody talking about this", it doesn't really sound like there's much to talk about.

Someone started crap with someone acting like an asshole, lost their cool, shot someone, got convicted -- that's the way it's supposed to work.

You left out the part of where the "victim" assaulted someone before they became the "victim".

[Dave Gray]

You left out the part of where the "victim" assaulted someone before they became the "victim".

I mean...it's dumb to assault people and you might get shot...for sure.

But there is a reasonable standard for equal force.  If you get in a fight and get punched, you are not supposed to shoot someone and kill them who isn't a direct threat.  Lethal force is reserved for situations outside of this.

[BuccaneerBrad]

You left out the part of where the "victim" assaulted someone before they became the "victim".

And if you come out of a store and see someone harassing your girlfriend what are you gonna do?   I'm gonna bust them up first and ask questions later.

[masterfins]

You left out the part of where the "victim" assaulted someone before they became the "victim".

The courts are going to be cram packed, and school playgrounds are going to be empty, if we start treating a "shove" as an assault worthy of being treated as a crime.  Especially if the person being shoved is acting like an asshole verbally abusing another person.

[pondwater]

And if you come out of a store and see someone harassing your girlfriend what are you gonna do?   I'm gonna bust them up first and ask questions later.

Put it this way. I'll say whatever I want to you and/or your girlfriend/wife and you ain't putting your hands on me. 1000% guarantee.

[pondwater]

The courts are going to be cram packed, and school playgrounds are going to be empty, if we start treating a "shove" as an assault worthy of being treated as a crime.  Especially if the person being shoved is acting like an asshole verbally abusing another person.

You are wrong. We're not talking about children on a playground. We're talking about grown ass adults. No amount of "hurtful words" give anyone the moral or legal justification to assault someone. If spiting on someone is considered assault, then throwing someone on the ground is assault.

If the guy in question didn't shoot the other guy and just beat him retarded we wouldn't even be having this conversation. Simply because the now dead guy initiated physical contact/violence. If you have to prove that you're a tough guy to your wife or girlfriend then you deserve the beat down that you'll eventually get. And for bonus points, hopefully your kids get to see it also.

[MyGodWearsAHoodie]

The courts are going to be cram packed, and school playgrounds are going to be empty, if we start treating a "shove" as an assault worthy of being treated as a crime.  Especially if the person being shoved is acting like an asshole verbally abusing another person.

Telling someone not to park in a handicapped spot is not being an asshole.  Parking there is the asshole. 

[CF DolFan]

The courts are going to be cram packed, and school playgrounds are going to be empty, if we start treating a "shove" as an assault worthy of being treated as a crime.  Especially if the person being shoved is acting like an asshole verbally abusing another person.

A shove is battery and illegal.  Batttery -unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. It still didn't give him the right to shoot him as he was walking away.

[BuccaneerBrad]

Telling someone not to park in a handicapped spot is not being an asshole.  Parking there is the asshole. 

The second part of your statement is correct.   But the first part is a little off.

1.   Drejka isn't a cop.

2.   He's got a history of harassing people in that area.

3.   He also had been previously charged with brandishing a gun and with road rage.

Drejka was looking for trouble and when he found out he bit off more than he could chew, he gave himself an unfair advantage.

Put it this way. I'll say whatever I want to you and/or your girlfriend/wife and you ain't putting your hands on me. 1000% guarantee.

I wouldn't bet on that.