Stand Your Ground / Murder / Other

[777]

Not necessarily. The assault is a factor that weighs into the totality of circumstance. The question legally is whether or not the shooter thought he was in imminent danger death or great bodily harm when he fired the shot. In my opinion, he was still in danger. Say the assailant had turned his back and walked away. In that case the shooting would not be justified.

Well, if he had turned and ran, the sheriff would have probably pressed charges against the shooter but there's a good chance that a jury would have acquitted him even then. I'm pretty sure Drejka saw that guy charging him again right after he was pushed onto the concrete and then he quickly pulled the gun and shot him. I'm not even sure he ever saw the back stepping or it was after he was shot, no audio. But the sheriff called it SYG and he was the authority, the one that interviewed Drejka and the witnesses.

The state prosecutor could come back and charge Drejka but he knows he will lose that case. I will concede there ARE and will be inconsistencies with SYG, this is an old article and now their law is more pro-SYG than ever:

http://www.tampabay.com/news/public...s-some-shocking-outcomes-depending-on/1233133

You will NEVER get a conviction in this case - a while back, still in Florida, a woman had a gun pulled on her in a carjack but she was also armed and shot and killed one, then they fled and she still shot and they ruled it SYG. And don't forget in Texas, there was that guy that shot a couple of illegals that were robbing a neighbor's house right when he was on the line to the dispatcher. He went to trial and was acquitted.

 

[Reynolds]

Well, if he had turned and ran, the sheriff would have probably pressed charges against the shooter but there's a good chance that a jury would have acquitted him even then. I'm pretty sure Drejka saw that guy charging him again right after he was pushed onto the concrete and then he quickly pulled the gun and shot him. I'm not even sure he ever saw the back stepping or it was after he was shot, no audio. But the sheriff called it SYG and he was the authority, the one that interviewed Drejka and the witnesses.

The state prosecutor could come back and charge Drejka but he knows he will lose that case. I will concede there ARE and will be inconsistencies with SYG, this is an old article and now their law is more pro-SYG than ever:

http://www.tampabay.com/news/public...s-some-shocking-outcomes-depending-on/1233133

You will NEVER get a conviction in this case - a while back, still in Florida, a woman had a gun pulled on her in a carjack but she was also armed and shot and killed one, then they fled and she still shot and they ruled it SYG. And don't forget in Texas, there was that guy that shot a couple of illegals that were robbing a neighbor's house right when he was on the line to the dispatcher. He went to trial and was acquitted.

This case was clear cut self defense. It will be cleared as justifiable homicide.

 

[777]

Hey B-B-B-Benjamin - you got your trial:

Florida 'stand your ground' shooter charged with manslaughter

still think it's a very tough case for the prosecution but this IS an election year.

 

[Benjamin]

Hey B-B-B-Benjamin - you got your trial:

Florida 'stand your ground' shooter charged with manslaughter

still think it's a very tough case for the prosecution but this IS an election year.

If I were on the jury the defense would be hard pressed to make an argument to convince that what I can see with my own eyes was not manslaughter, unnecessary, and gross incompetence of the use of deadly force at best.

$100,000 bail and the sheriff says he will now keep his mouth shut. It does appear the defining of the SYG law is about to be made more clear as to the true and justified intent.

 

[Reynolds]

If I were on the jury the defense would be hard pressed to make an argument to convince that what I can see with my own eyes was not manslaughter, unnecessary, and gross incompetence of the use of deadly force at best.

$100,000 bail and the sheriff says he will now keep his mouth shut. It does appear the defining of the SYG law is about to be made more clear as to the true and justified intent.

Jury will rule, not guilty. Sheriff made right decision. Prosecutor is bowing to political pressure.

 

[Benjamin]

Jury will rule, not guilty.

You said it wouldn't go to trial, like it was a done deal. I had to remind you of this error at least a couple of times...

Sheriff made right decision.

The double-talking sheriff said it "wasn't his call", that means it wasn't his "decision" to make, again you seem to have missed that point, but don't let the facts get in your way.

Prosecutor is bowing to political pressure.

Or perhap like me the prosecutor has put his politics aside and is more concerned with seeking truth and justice in the matter.

 

[Reynolds]

You said it wouldn't go to trial, like it was a done deal. I had to remind you of this error at least a couple of times...


The double-talking sheriff said it "wasn't his call", that means it wasn't his "decision" to make, again you seem to have missed that point, but don't let the facts get in your way.


Or perhap like me the prosecutor has put his politics aside and is more concerned with seeking truth and justice in the matter.

It shouldn't go to trial. Political pressure on D.A. caused him to bring charge. The Sheriffs statements have already doomed the case.

 

[Benjamin]

It shouldn't go to trial. Political pressure on D.A. caused him to bring charge. The Sheriffs statements have already doomed the case.

Political pressure accusation is baseless rhetoric. Sheriff's opinions will merely make him look foolish. Now put your politics aside and carefully consider the shooter's actions and character and think again:

"In court documents, McCabe and Pinellas sheriff's Detective George Moffett cited three other drivers who said Drejka threatened them during confrontations that preceded his run-in with McGlockton. Two of them said he displayed a gun.

A black man who drives a septic truck told Moffett he parked in the same handicapped-accessible spot three months before the shooting, the documents show. The man said Drejka began yelling at him and said he would shoot him. The driver said he left, but as he pulled away Drejka shouted racial slurs. The man's boss told Moffett that Drejka later called, telling him "that he was lucky he didn't blow his employee's head off.""

This wannabe SYG hero is going down.

 

[Reynolds]

Political pressure accusation is baseless rhetoric. Sheriff's opinions will merely make him look foolish. Now put your politics aside and carefully consider the shooter's actions and character and think again:

"In court documents, McCabe and Pinellas sheriff's Detective George Moffett cited three other drivers who said Drejka threatened them during confrontations that preceded his run-in with McGlockton. Two of them said he displayed a gun.

A black man who drives a septic truck told Moffett he parked in the same handicapped-accessible spot three months before the shooting, the documents show. The man said Drejka began yelling at him and said he would shoot him. The driver said he left, but as he pulled away Drejka shouted racial slurs. The man's boss told Moffett that Drejka later called, telling him "that he was lucky he didn't blow his employee's head off.""

This wannabe SYG hero is going down.

Problem is none of that will get into trial. It is not a similar transaction. It would only be admissible if his defense were stupid enough to call character witnesses. The prosecutor should not have charged. Its a long way from probable cause to beyond a reasonable doubt.

 

[Benjamin]

Problem is none of that will get into trial. It is not a similar transaction. It would only be admissible if his defense were stupid enough to call character witnesses. The prosecutor should not have charged. Its a long way from probable cause to beyond a reasonable doubt.

Alright, well, I tried to give you the opportunity to change your mind and save face but I guess I'll just have wish you bon appetit when this is finished:

 

[Reynolds]

Alright, well, I tried to give you the opportunity to change your mind and save face but I guess I'll just have wish you bon appetit when this is finished:

We shall see. We shall see.

 

[Reynolds]

The reason he was charged was political pressure from Al Sharpton. Stand your ground was changed last year in Floida. The change shifted the burden of proof to the prosecution. The prosecution has to prove the shooter was not in fear for his safety or fear for his life. The defense has to prove nothing.

 

[Rolfe]

Benjamin, you remind me of a hound baying for blood.

Alright, well, I tried to give you the opportunity to change your mind and save face but I guess I'll just have wish you bon appetit when this is finished:

 

[777]

The reason he was charged was political pressure from Al Sharpton. Stand your ground was changed last year in Floida. The change shifted the burden of proof to the prosecution. The prosecution has to prove the shooter was not in fear for his safety or fear for his life. The defense has to prove nothing.

Well, it was actually due to pressure by that OTHER Benjamin:

White man charged with fatally shooting black man in Florida despite 'stand your ground' claim

Crump was all over the Zimmerman case, another one that should have never went to trial. You will get a hung jury at best here, it only takes one.

I hope Drejka takes the stand in his own defense, though I doubt he will. The girlfriend will be a gift to the defense, she contradicts herself every time she talks. The sheriff punted here but that was for the best.

 

[Benjamin]

Benjamin, you remind me of a hound baying for blood.

You must be thinking of Drejka. I think that taking of a life was cowardly and uncalled for from a man looking for trouble and an excuse to play cowboy which demands justice for his heartless incompetence to abuse the right carry a gun, not more excuses from those who would abuse the intent of the SYG law to condone vigilantism.

The truth is that any retaliation to that imbecile's aggressive behavior would have a citizen's life in danger and people like him need to be taken off the street.

 

[carpro]

He was violently assaulted and shot the man that assaulted him before he could do it again.
End of story. Case closed.

Moral: Mind your manners. If you assault someone, especially without provocation, you can be shot.

 

[carpro]

It shouldn't go to trial. Political pressure on D.A. caused him to bring charge. The Sheriffs statements have already doomed the case.

Reminds me of the Trayvon Martin shooting. I don't believe there will even be a trial this time, If there is, it will be another not guilty verdict. The law is clear. No conviction is possible.

 

[Benjamin]

He was violently assaulted and shot the man that assaulted him before he could do it again.

Dysphemism drama much.

End of story. Case closed.

Saying the case closed doesn’t make it true any more than claiming to be in fear for your life for being pushed. Now the rest of the story:

Stand your ground is based on self-defense which does not apply when a person steps back and is turning away from you.

Prior facts reveal shooter’s patterns of an aggressive disposition and cowardly reliance on and history of intent to use deadly force while mischievously instigating conflicts. (Habitually yelled at people, showed his gun, threatened people.) (As per his personal references, no one from Drejka’s family even bothered to show up for his first appearance before a judge.)

“Self-defense” must be used in a “reasonable manner” and that and “obsessive force” are open to interpretation of the law by means of a video account.

The sheriff now says he supports the DA’s decision.

Precedence needs to be set and a trial could help accomplish defining the reasonable use of deadly force and reform the law.

If the action was determined to be reasonable he would be set free but if obsessive he should serve time. Currently he spends his first night in jail…

Anyone looking at the tape can see that the shooting victim was backing up and turning away so how can any reasonable minded person consider it self-defense at that point rather than retaliation of a cowardly instigator for being pushed?

The warrant clearly shows the State does not believe that this shooting was done in self-defense and neither do I.

Finally, if you want to play with technicalities he wasn’t standing his ground, he was sitting on the ground.

 

[carpro]

Wishful thinking, I believe.

 

[Earth Wind and Fire]

Wishful thinking, I believe.

All in all, Christ was not present in the souls of either man.