Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

‘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
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 221-228 next last
To: miniTAX
Are you equating “defend yourself” to “killing someone who pushes you”? Seriously, it’s sick!

And you clearly have no training in the law of self-defense and the use of deadly force. People have been killed by one punch from an "unarmed man" who first pushed them down.

81 posted on 07/25/2018 10:28:02 AM PDT by backwoods-engineer (Enjoy the decline of the American empire.)
[ Post Reply | Private Reply | To 42 | View Replies]

To: spetznaz
I don't care what the race or religion was of the “thug” who pushed the guy down. It was violent so the first test here we do not know - was it provoked? I think having that answer is a must to start down the road regarding was this self defense. SO yes it changed the entire situation, either thug was protecting his girlfriend from clear abuse and perhaps a threat, or he over reacted and pummeled a guy who "may" have been having a "conversation" about the illegality of parking in a handicapped spot. That would go to the character of the shover, if he violently shoved the guy for no reason than I think the shooter had every right to believe he might have attacked again, for no reason. You see it gets complicated, that's what courts are for.
82 posted on 07/25/2018 10:28:32 AM PDT by 1Old Pro
[ Post Reply | Private Reply | To 60 | View Replies]

To: jaydubya2

I read about a witness somewhere else that said the woman was verbally abusive in her language.


83 posted on 07/25/2018 10:31:20 AM PDT by the_daug
[ Post Reply | Private Reply | To 66 | View Replies]

To: spetznaz

EXCELLENT post. I can tell you’ve been trained in the law of self-defense and the use of deadly force.


84 posted on 07/25/2018 10:31:25 AM PDT by backwoods-engineer (Enjoy the decline of the American empire.)
[ Post Reply | Private Reply | To 60 | View Replies]

To: 2harddrive
"But, had the shooter NOT fired, he could very well have been arrested - charged with recklessly “brandishing” the handgun. Pretty much, if you, who is not a police officer, draw a gun, you HAVE to shoot to avoid brandishing charges."

Florida changed their law to avoid such situations. The threat of force in self defense is treated the same as actually using force in self defense.

85 posted on 07/25/2018 10:33:27 AM PDT by mlo
[ Post Reply | Private Reply | To 55 | View Replies]

To: wardaddy

You argue like a liberal. Name calling, trying to evoke an emotional response. No one is legally required to brawl with someone intent on brawling, particularly if you are assaulted out of the blue.


86 posted on 07/25/2018 10:33:27 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
[ Post Reply | Private Reply | To 23 | View Replies]

To: bort

“You are adopting the “snowflake standard”

I am if you are carrying a gun.

He was a busybody. Think of someone driving 55 mph in the left hand lane of the freeway.


87 posted on 07/25/2018 10:34:30 AM PDT by alternatives? (Why have an army if there are no borders?)
[ Post Reply | Private Reply | To 51 | View Replies]

To: Durus
"No one is legally required to brawl with someone intent on brawling, particularly if you are assaulted out of the blue."

Not the question. The question is was he legally entitled to kill?

88 posted on 07/25/2018 10:34:56 AM PDT by mlo
[ Post Reply | Private Reply | To 86 | View Replies]

To: libstripper

There is a certain protected class of people that believes it has a civil right to violently assault people they feel “disrespected” by and that those other people do not have a civil right to reciprocate in kind.


89 posted on 07/25/2018 10:36:49 AM PDT by E. Pluribus Unum (<img src="http://i.imgur.com/WukZwJP.gif" width=600><p>https://i.imgur.com/zXSEP5Z.gif)
[ Post Reply | Private Reply | To 1 | View Replies]

To: G Larry

Nope, I’m not concluding anything.
I am just stating that I do not know the state of mind of the guy who was blindsided and shoved to the ground. There are a whole lot of people posting here who think they do.
Nobody knows how they will react when something like this happens to them. That goes for the guy who decided to shove and the shooter.
If the guy had hit the pavement, hit his head and bled out would he be blamed because he told the idiot Woman to park in another place? You know, he deserved to die because he was a busy body. It goes both ways.
Like I said, just another butt hurt Thread.


90 posted on 07/25/2018 10:36:51 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
[ Post Reply | Private Reply | To 70 | View Replies]

To: Kickass Conservative
I cannot see myself physically attacking the person unless the situation called for it, and that is difficult to determine in our theoretical discussion.
I agree in this case it was avoidable and a waste of life.
91 posted on 07/25/2018 10:39:20 AM PDT by jaydubya2
[ Post Reply | Private Reply | To 79 | View Replies]

To: BenLurkin

Don’t be the lunatic in the first place, without or especially with a gun.

Don’t call strangers out on their bad manners, and don’t be a self appointed cop.

See the term “gray man”... “Oh, don’t mind me, I’m just some nobody passing this way...”

Might save someone a lifetime of suffering.


92 posted on 07/25/2018 10:40:09 AM PDT by OKSooner (Chronic Traumatic Encephalopathy (CTE): The 1200 pound gorilla...)
[ Post Reply | Private Reply | To 4 | View Replies]

To: spetznaz
1. Innocence (I should be innocent in the eyes of the law, and should not be the one who provoked a situation and then claimed self defense when there was a reaction to my provocation)

2. Imminence (there should be clearly imminent violence coming my way)

3. Proportionality (I shouldn’t fire a 9mm HST in response to a slap to the face ...and yes, I know for some that’s perfectly okay).

4. Avoidance

The additional legal principle involved is Reasonableness. The perception of a deadly threat must be subjectively and *objectively* reasonable. Simply feeling fear is not enough.

Stand Your Ground strikes the Avoidance principle, and that's all it does.

"On FR ...does not matter much. The man shot was black - or as a poster on this thread said, a ‘thug’ - and I’m sure many in the ‘new FR’ are thus okay with him being shot."

Yeah, I've noticed that. But I don't know what the "new FR" is.

93 posted on 07/25/2018 10:43:11 AM PDT by mlo
[ Post Reply | Private Reply | To 60 | View Replies]

To: Kickass Conservative
The shooting had no potential to stop the shove that had already occurred.

There were several seconds for the shooter to recognize the threat had stopped.

94 posted on 07/25/2018 10:44:53 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
[ Post Reply | Private Reply | To 90 | View Replies]

To: Mr Rogers

The pictures fails to show the woman getting out of the vehicle same time that Mark comes to shoves the guy down. The guy was not near the woman till she got out the car. He didn’t confront one person they’re two.


95 posted on 07/25/2018 10:46:09 AM PDT by the_daug
[ Post Reply | Private Reply | To 76 | View Replies]

To: G Larry
The video shows that the shooter had time to recognize that the threat stopped once he produced the weapon.

That is easy for us to say from the luxurious position of watching the video several times and maybe watching it frame-by-frame from the comfort of our computer monitors.

Maybe it is not so easy for someone who has just been knocked across the pavement and just barely crawled back on their knees to make the same determination.

McGlockton was clearly moving to stomp Drejka when the gun came out. Fear-of-imminent death does not instantly turn off like a light switch - at least for most people.

96 posted on 07/25/2018 10:48:34 AM PDT by flamberge (What next?)
[ Post Reply | Private Reply | To 70 | View Replies]

To: jaydubya2

We all pontificate the what if’s but in the end the Legal System will determine the outcome.
The accusatory nature between FReepers with differing opinions that happens in these (now) multiple threads tells me that nobody really knows what they would have done in this kind of situation.
I can’t imagine physically attacking someone arguing with my Wife and I can’t imagine shooting someone who shoved me to the ground. Just because I can’t imagine it doesn’t mean I might not do something I will regret for the rest of my life.


97 posted on 07/25/2018 10:49:14 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
[ Post Reply | Private Reply | To 91 | View Replies]

To: libstripper
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.

So the author of this "piece" claims to know what was going through the mind of the man pushed to the ground by a much larger other man?

Really?

And this in "Reason" magazine, huh? They ought to change their name to "Feelings"

98 posted on 07/25/2018 10:51:35 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: usconservative
And this in "Reason" magazine, huh? They ought to change their name to "Feelings"

Reason magazine, WSJ Editorial pages, even National Review...all have declined significantly over the years and their writers have strayed from objectivity and truth to feelings and emotions.

99 posted on 07/25/2018 10:54:27 AM PDT by 1Old Pro
[ Post Reply | Private Reply | To 98 | View Replies]

To: alternatives?
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.

That's how I go about my business when carrying - do my best to stay away from any confrontation and would rather "brandish" my weapon or fire a verboten warning shot (if safe to do so) before taking a life - even a low-life unless absolutely necessary. Some here seem to be itching for their "chance" but I grew up with weapons and a solid respect for life.

100 posted on 07/25/2018 10:55:36 AM PDT by trebb (Too many "Conservatives" who think their opinions outweigh reality these days...)
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 221-228 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson