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Old 08-13-2018, 01:39 PM
 
Location: Top of the South, NZ
22,216 posts, read 21,658,893 times
Reputation: 7608

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Quote:
Originally Posted by Finn_Jarber View Post
It has nothing to do with it. He might have been charged with misdemeanor assault. The point is that the situation deprives the shooter from SYG defense.
It has everything to do with it - a verbal argument doesn't legally justify a physical assault.

The assault has to be justifiable.

 
Old 08-13-2018, 01:42 PM
 
Location: Florida
23,795 posts, read 13,250,882 times
Reputation: 19952
Quote:
Originally Posted by NomadicDrifter View Post
This is what I predicted too but for a different reason, because of media pressure. This is a George Zimmermann 2.0. GZ was initially not charged but the media swopped in like vultures and the AG charged him out of pressure. So that's most likely what will happen here - he will be charged (due to media pressure) but acquitted by a jury.

It will make him sweat but at same time he will be immune from civil suits afterwards.
Why will he be immune from civil suits?

And please stop bestowing the media with all of the power of a god.

The media does not force public officials to do anything, though public opinion may affect the decision. The media did not put that gun in Drejka's hand, nor did they pull the trigger.

This blame everything on the media thing appears to be another way for people to wriggle out of being held accountable or to have no personal responsibility for one's own acts.
 
Old 08-13-2018, 01:45 PM
 
2,362 posts, read 776,984 times
Reputation: 873
Quote:
Originally Posted by Enigma777 View Post
Why will he be immune from civil suits?
It's in the law. If someone uses SYG successfully, they cannot be sued in a civil court. This was actually one of the real reasons SYG was passed - that and the Judge can throw out the case before it reaches a jury.

Quote:
The media does not force public officials to do anything, though public opinion may affect the decision. The media did not put that gun in Drejka's hand, nor did they pull the trigger.
The media has been braying for Drejka's blood. And the AG, being an elected official, usually don't want controversy so they will bow their head low and make a weak fought case. It's a repeat of Zimmerman. If the media never stuck their nose in the situation, Zimmerman would have never been charged, but since they did he was charged and acquitted.
 
Old 08-13-2018, 01:46 PM
 
1,850 posts, read 1,137,473 times
Reputation: 2435
Quote:
Originally Posted by trlhiker View Post
He started a fight with his GF though. How many men on here would come to their GF's or wife's defense if a guy was arguing with her? I am sure all of you would.
First of all the event started with parking in a handicapped space when you WEREN'T SUPPOSED TO.

And yes. I would come to my family's defense if accosted, but in a manner where I wouldn't have gotten myself killed.
 
Old 08-13-2018, 02:06 PM
 
28,662 posts, read 18,764,698 times
Reputation: 30933
Quote:
Originally Posted by Enigma777 View Post
Or maybe a crime?

Geez--I am so sick of this stupid law.

The shooter widowed a woman and deprived little children of a father mostly because he is an a-hole who hung around the lot just to harass people. Maybe these SYG trigger-finger paranoids should think twice before killing someone.

What is to stop someone from verbally picking a fight and when the other person gets angry--the SYG coward shoots them, and claims it was SYG. Which is very similar to what this guy who hangs around parking lots to harass people did. He physically approached the woman in her car with her two small children in the back. He went around the car--looked at her license plate and then came around the side. The guy inside the store looks out and sees an obnoxious white guy harassing his wife.

Does the same type of guy chase a car that is speeding to yell at the driver? Why not? He's breaking the law. This was purely an opportunistic control freak, as many of the SYG users are.

Sorry but Drejka sounds like a moron who should not be allowed to have a gun--like Zimmerman. Zimmerman and Drejka are both vigilantes who abused the law and took it into their own whacko hands.

SYG should be repealed--it is a license to kill in a state with more than a fair share of crazies.
No, it shouldn't be appealed.

Actually, it's working just about as it should. It's a protection when the situation is clear, but it's not an absolute shield when the situation is cloudy enough to go to court.

The fault is that when it does go to court, it takes 'way too long for adjudication. Nobody is well served when four years later the issue has yet to be tried.
 
Old 08-13-2018, 02:10 PM
 
33,332 posts, read 12,491,270 times
Reputation: 14918
I learned about this a few hours ago on the AOL homepage, seeing this article:

https://www.aol.com/article/news/201...ials/23501389/

^^^^^ The article was written by one person, and edited by another.

I don't know if both of them never watched the video, are feeding off of other less than accurate reporting, or just have an agenda. The first paragraph is irresponsible. It paints a picture that didn't happen because of what it omits....any mention of the girlfriend. That omission makes it sound as though the arguing was between McGlockton and the shooter, rather than the girlfriend and the shooter.

After reading the story, I clicked on the first video, and let all of the other videos set to auto feed and play in full, one after another, after that first one (eleven total I believe).

There were only three that were more than a few minutes.

The first of those was a second press conference by the Sheriff that appeared to air on a local station. I don't think that that second press conference has been mentioned in this thread. It was 53 minutes long...almost twice the length of the first press conference.

A rep from the local chapter of the NAACP, and a different rep from a ministry group were supposed to appear with the Sheriff, but they backed out at the last minute re a different local media story that I hadn't heard about nationally.

As I started to watch the second press conference, I thought about the first press conference, and the discussion on the thread, including the stated law, re what the shooter could do if the Sheriff arrested him and the SYG assertion was ultimately successful.

The Sheriff did address the point that one point of his acting properly was to not open the taxpayers of Pinellas county up to civil liability. One point that wasn't addressed (by the Sheriff in this second news conference nor, IIRC, specifically, earlier in this thread) was....Would that civil liability from a wrongful charge/aka successful SYG assertion transfer to the State Attorney's office (from the country) if the State Attorney brings the charges and is thus responsible for the arrest, or would any civil liability just disappear if the County or Sheriff weren't the entities pursuing the matter?

After seeing the other ten videos, re some of them, I can see why the Sheriff felt the need to have a second press conference.

The other two 'longer than a few minutes' videos were:

1. A segment from Al Sharpton's MSNBC show.
2. A an Orlando Sentinel sponsored show called "The Chat Room" (IDK is that is a web show, or a local TV show}

Both Sharpton, and two local newscasts (IIRC re the #) among the other clips also made it sound as though the verbal argument was between McGlockton and the shooter, not the shooter and the girlfriend.

The main guy on the Orlando Sentinel show referenced the tape several times, yet he thought that McGlockton was the one who drove the car into the handicapped space ..........and that the shooter approached the girlfriend after McGlockton went into the store, not including that the shooter didn't even drive up until after McGlockton went into the store

After watching that eleven or so auto video feed, I moved on to pulling up this thread read through the new posts to that point (up to 2096, IIRC), and then posted the above.
 
Old 08-13-2018, 02:15 PM
 
16,376 posts, read 22,476,176 times
Reputation: 14398
Quote:
Originally Posted by Joe90 View Post
It has everything to do with it - a verbal argument doesn't legally justify a physical assault.

The assault has to be justifiable.
We don't know what the dead man was thinking. He saw his girlfriend(and possibly the children) being harassed by a man that was going toward her car. Maybe he thought his girlfriend/kids were in imminent danger and about to be harmed by an irate man charging toward them. He couldn't hear the words since he was inside the store. He could have thought it was a carjacking, or a crazy man about to hurt them.

This likely will be brought up by the prosecutor in court.
 
Old 08-13-2018, 02:25 PM
 
Location: Top of the South, NZ
22,216 posts, read 21,658,893 times
Reputation: 7608
Quote:
Originally Posted by sware2cod View Post
We don't know what the dead man was thinking. He saw his girlfriend(and possibly the children) being harassed by a man that was going toward her car. Maybe he thought his girlfriend/kids were in imminent danger and about to be harmed by an irate man charging toward them. He couldn't hear the words since he was inside the store. He could have thought it was a carjacking, or a crazy man about to hurt them.

This likely will be brought up by the prosecutor in court.
Unlikely though -the video shows Drejka standing still, pointing and then putting his hands behind his back.

I couldn't ever see McGlockton successfully using the crazy man defense, had he lived to face an assualt charge, so it's unlikely to be a successful justification, just because he was killed.
 
Old 08-13-2018, 02:29 PM
 
Location: USA
3,568 posts, read 1,345,294 times
Reputation: 4221
Default Florida parking lot shooter ARRESTED AND CHARGED

Yay!!

(CNN)Michael Drejka, who fatally shot Markeis McGlockton after McGlockton shoved him in a Clearwater, Florida, convenience store parking lot, has been charged with manslaughter, the Pinellas County Sheriff's Office said Monday.

"Consistent with the decision-making process established under Florida law in this case, the State Attorney conducted his review and decided to charge Drejka with manslaughter," Sheriff Bob Gualtieri said in a news release.

Drejka, 47, was arrested Monday morning and booked into Pinellas County Jail. His bail is set at $100,000, the sheriff's office said.

His first court appearance is set for Tuesday afternoon.

https://www.cnn.com/2018/08/13/us/st...ges/index.html
 
Old 08-13-2018, 02:31 PM
 
Location: In your head, rent free
14,888 posts, read 10,029,032 times
Reputation: 7693
I'm a huge 2nd amendment supporter and I believe in stand your ground laws, I've seen the video of this shooting quite a few times and I think there are enough questions that this man needs to defend his actions in court. I'm quite happy to see he's been charged and will have to explain his actions.
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