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‘Stand Your Ground’ Did Not Kill Markeis McGlockton
Reason ^ | Jul. 25, 2018 | Jacob Sullum

Posted on 07/25/2018 9:36:45 AM PDT by libstripper

Markeis McGlockton and Michael Drejka both overreacted during their brief, fatal encounter in the parking lot of a Florida convenience store last week. McGlockton overreacted by pushing Drejka to the ground, and Drejka overreacted by drawing a pistol and shooting McGlockton in the chest.

Although it is hard to see how Drejka's use of lethal force could have been justified, Pinellas County Sheriff Bob Gualtieri declined to arrest him, claiming his hands were tied by Florida's Stand Your Ground law. But that is not true, and Gualtieri's misrepresentation of the law has renewed misguided criticism of Florida's approach to self-defense, which contrary to popular misconception does not give a free pass to armed hotheads who claim to have fired out of fear.

(Excerpt) Read more at reason.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: banglist; fl; mcglockton; syg
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The more I look at this, the more I think the shooting was a voluntary manslaughter, not valid self-defense.

The shooter was a guy who repeatedly made a pain in the ass of himself by being an irritating busybody and he carried a gun. That makes me think he packed heat just to deal with any situation he might get himself into by being so irritating, no too different from packing while going to a biker bar to deal with trouble resulting from insulting a Hell's Angel's old lady. Far better to rely on courtesy and discretion than the weapon to deal with such situations.

Then, turning to the situation itself, it looks like the decedent gave the shooter a hard, double handed push, knocking the shooter to the ground and immediately backed off when the shooter drew his weapon. In self-defense law, that means the aggression that would have justified firing the weapon had ceased and the shooter had no remaining right to fire. Hence, there"s a good chance he could be found guilty of voluntary manslaughter.

This also differs profoundly from the Michael Brown and Trayvon Martin cases because Brown and Martin were actively attempting to murder their victims, potential murders that were stopped by timely, legitimate, moral shootings.

1 posted on 07/25/2018 9:36:45 AM PDT by libstripper
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To: libstripper
Look at video of decedent position and stance and see if you would feel threatened.
2 posted on 07/25/2018 9:41:06 AM PDT by amihow
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To: libstripper

I have not looked at the video but it seems to me if you are carrying you have an extra responsibility to avoid provoking a dispute. Being a self appointed handicapped cop police is provoking a dispute.

On prior posts commenting on this event many say the shooter was justified. In my mind, he provoked it and shouldn’t have been carrying.


3 posted on 07/25/2018 9:44:34 AM PDT by alternatives? (Why have an army if there are no borders?)
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To: libstripper

Moral of the story is: Keep your hands to yourself.

Especially in those states which allow lunatics to carry pistols.


4 posted on 07/25/2018 9:44:35 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: libstripper

New Law.
If you are considered a pain in the ass, you are not allowed to defend yourself after a Thug violently shoves you to the ground because you were arguing with his Baby Mama.


5 posted on 07/25/2018 9:46:23 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
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To: Kickass Conservative

Chivalry is not dead.

Oh wait.....


6 posted on 07/25/2018 9:47:57 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: BenLurkin

Depends on your definition of “lunatic “.
Liberals think anyone who disagrees with them is a lunatic.


7 posted on 07/25/2018 9:48:25 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
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To: amihow
I would and I might well pull a weapon after being knocked to the ground. Indeed, if he moved against me after I was on the ground, I'd be in reasonable fear of death or great bodily harm and have a right to shoot. That's the shooter's problem here. The decedent backed off as soon as the shooter pulled his gun, meaning the shooter probably lacked justification to fire.
8 posted on 07/25/2018 9:48:53 AM PDT by libstripper
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To: libstripper

The way I viewed it, McGlockton gave Drejka a hard shove onto the parking lot, and advanced toward him while he was down. He intended to do some damage to Drejka. However, Drejka pulled the gun and then McGlockton backed off. You can make the case for something less than murder, but McGlockton got what he deserved.


9 posted on 07/25/2018 9:49:18 AM PDT by Enterprise
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To: amihow

> see if you would feel threatened <

But in most states that is not the standard (although the police use it all the time). The most common self-defense standard is that you must reasonably be in fear for your life - it must be more likely than not that you will be killed or gravely injured.

I don’t know if that’s the case here. On the video it looks like the guy who was shot was retreating. He definitely took a few steps back. So it looks like a bad shoot. But who knows what that guy was saying. And his girlfriend was advancing.


10 posted on 07/25/2018 9:49:19 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: BenLurkin

Chivalry is not the same as Assault and Battery either.

Play stupid games, win stupid prizes.


11 posted on 07/25/2018 9:50:59 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
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To: amihow

Look at video of decedent position and stance and see if you would feel threatened.
.......................................................

The dead guy was backing up when he was shot. Shooter should at best be out on bail and the sheriff should be demoted.


12 posted on 07/25/2018 9:51:09 AM PDT by bramps (It's the Islam, stupid!)
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To: libstripper

It’s called hindsight because it’s so easy to make an ass of yourself.


13 posted on 07/25/2018 9:51:29 AM PDT by chief lee runamok (mongrel at large)
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To: Kickass Conservative

If I found someone was talking to my wife in that manner, they may find themselves getting shoved to the ground.


14 posted on 07/25/2018 9:51:43 AM PDT by jaydubya2
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To: libstripper

I agree with you. Before the shot was fired, the boyfriend/husband/babydaddy was back-pedaling upon seeing the gun.

Hate it when non-handicap people use those spaces but since I can’t park there either, I don’t have any ::ahem:: “standing”...
But leave that damn shopping cart between cars and not in the coral (or return it to the store front) and I’ll shoot your ass dead. You lazy, selfish, vile, stinking, no-good POS...


15 posted on 07/25/2018 9:52:04 AM PDT by Hatteras
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To: libstripper

Yep. At the moment he shoots the shooter appears to be retaliating rather than defending himself. But, I acknowledge that’s a pretty easy conclusion to draw after the fact from a comfy office chair. But, if you are going to carry you have an obligation to avoid conflict rather than precipitate it.


16 posted on 07/25/2018 9:53:18 AM PDT by circlecity
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To: amihow; libstripper
Look at video of decedent position and stance and see if you would feel threatened.

I've watched the video several times, very closely, and in my opinion, the shooting does not appear to be warranted. The "pusher" was already backing up as the weapon was being brought to bear and he even seemed to retreat further when the "pushed" pointed it at his chest. I think he should have stopped there.

I believe that the "pusher" is obviously guilty of assault and battery, but if an assailant stops the assault before you start shooting, and begins to back off, maybe you have accomplished your goal of ending the assault.

That being said, there is a chance that had he not pulled the trigger, the "pusher" could have rushed him and finished the job. I can't say for sure. Nor can I say that I know how the "pushed" guy was feeling at the moment he dropped the hammer.
17 posted on 07/25/2018 9:53:37 AM PDT by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: libstripper

Wonder how many comments and hurt feelings this thread will create? LOL


18 posted on 07/25/2018 9:53:54 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
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To: amihow

He was pushed on the ground and the girlfriend was getting out of the car. Two on one?


19 posted on 07/25/2018 9:54:29 AM PDT by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.)
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To: Hatteras

ugh... coral = corral


20 posted on 07/25/2018 9:54:46 AM PDT by Hatteras
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