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If you kill a man for pushing you down where I grew up....West Jackson Miss ...working class white then...hood now
We fought....a lot
You’d be a coward if you shot a man for pushing you down or if you stabbed them
Only a ***** would do that
You fight back or you retreat ....with some grace if possible
You don’t pull iron and kill a man with his preschooler standing there..
This gimp was looking to use his steel courage seems to me
I’m still chuckling...woke wifey up....kids are back in school
Tks man
Folks here play too many video games too little real life
I bet you’re like me ....you’d need a graveyard if you shot everyone pushed you or you fought with
Hell I’d have nothing but dead friends and sons...they’ve all fought each other one time or another
My 15 and 18 year old just a few weeks ago in the back....one went for a steel chair and I intervened...I’m like no just cause you’re getting worst of it ...no tools
If you kill a man for pushing you down where I grew up....West Jackson Miss ...working class white then...hood now
We fought....a lot
You’d be a coward if you shot a man for pushing you down or if you stabbed them
Only a ***** would do that
You fight back or you retreat ....with some grace if possible
You don’t pull iron and kill a man with his preschooler standing there..
This gimp was looking to use his steel courage seems to me
I’m still chuckling...woke wifey up....kids are back in school
Tks man
Folks here play too many video games too little real life
I bet you’re like me ....you’d need a graveyard if you shot everyone pushed you or you fought with
Hell I’d have nothing but dead friends and sons...they’ve all fought each other one time or another
My 15 and 18 year old just a few weeks ago in the back....one went for a steel chair and I intervened...I’m like no just cause you’re getting worst of it ...no tools
Drejka is going down. The prosecutor was quietly collecting his nasty little history of "confrontations" - and there will be more people coming forward...
"Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion"
... and
"Similar fact evidence of other crimes, wrongs, or acts ... is inadmissible when the evidence is relevant solely to prove bad character or propensity."
"Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion"
... and
"Similar fact evidence of other crimes, wrongs, or acts ... is inadmissible when the evidence is relevant solely to prove bad character or propensity."
This is from a lawyer at Free Republic:
Well, the (Leftist) Tampa Bay Times cites several incidents of LEOs responding to reports of Drejka’s hostility, even brandishing a firearm in 2012 from his truck. If the prosecution can get the officers to testify it could show a clear pattern of aggression, ultimately leading to 1st degree manslaughter.
The state has a lot of dots to connect to prove manslaughter and disprove self-defense. Their quick filing tells me they believe they have what they need.
Pinellas county arrests thousands of ppl a week. They made a cursory review of the tape and saw self-defense, as I did. They didn’t have the time to get to the history of the shooter. The state investigators otoh have the time and resources to dig into events for a more comprehensive review.
The defense will try and limit the trial to the act of self-defense, which imo, is marginal but legal. A lot of time passed before Drejka’s second shot and McGlockton was not advancing toward him. Does that constitute a lack of reasonable belief in imminent bodily harm? Was the right of self-defense inapplicable at the second shot? It’s debatable.
With the manslaughter charge the long pause can now be asserted as illustrative of Drejka’s intent. An intent he had displayed for years prior on several previous occasions. It could be cited as an example of his intent to enter into a confrontation which would reasonably cause the death of another. I.e., manslaughter.
Since he’s charged with manslaughter the State has to prove that Drejka had prior intent and means of killing someone. I.e. present a preponderance of evidence of Drejka’s prior use of his firearm in confrontations of his own creation. That will establish he willfully created and promoted confrontations which could reasonably be presumed would lead to the death of another. AKA manslaughter.
Self defense would not come into play if the weapon was maintained for an offensive purpose. His prior behavior points that way. So he wasn’t defending himself as much as he was using the FL self-defense law simply as the pretext for shooting someone consistent with his previous offensive intent with the firearm.
Umm, I’m pretty sure the ‘morons’ on this thread are more interested in defending FL’s self defense law than Drejka.
Prior to the charge of manslaughter that was the only issue. All arguments against Derjka at the time were in reality arguments against self-defense. Thankfully, the State believes there is enough evidence to charge him with manslaughter. With manslaughter a reasonable discussion can bring in all extraneous issues such as prior actions, intent, disposition etc. without calling into question the legitimacy of self defense.
“Well good job to the state of Florida for allowing this DA to put everyone again at risk of prosecution if they are forced to defend themselves.”
I hope you’re over reacting. Manslaughter and FL’s self-defense law are pretty exclusive of each other. The State will have to prove a prior and consistent intent to murder and the defense will only want the self-defense shooting evidence to be considered.
IMO if all the evidence is considered he’s convicted. If only the shooting video he walks.
And I don’t think this imperils FL’s self-defense statute if all the evidence is considered. That should actually raise the bar where self-defense is actually manslaughter. I.e., did a person threaten to ‘blow another person’s head off’ before, did they brandish their weapon in traffic, were they aggressive and confrontational, etc.
Well, the (Leftist) Tampa Bay Times cites several incidents of LEOs responding to reports of Drejka’s hostility, even brandishing a firearm in 2012 from his truck. If the prosecution can get the officers to testify it could show a clear pattern of aggression, ultimately leading to 1st degree manslaughter.
As I pointed out in the post that you were responding to, prior acts are inadmissible as evidence to prove bad character or propensity. Which is what the reason for showing "pattern of aggression" is. None of those LEOs will be allowed to testify and none of that evidence will be allowed in the trial.
Quote:
IMO if all the evidence is considered he’s convicted. If only the shooting video he walks.
There is a reason for the statute I quoted. It's the same principle as non-admissibility of someone's reputation as a sl*t in a rape trial.
Drejka, he [Rick Kelly, 31] said, threatened to shoot him.
But the dispute didn’t end there.
Drejka called the Clearwater septic tank company Kelly works for to complain, telling owner John Tyler that he didn’t like the way Kelly had talked to him and that he was "lucky I didn’t blow his head off."
Tyler, a gun owner himself, told the Times he was shocked.
"I said, ‘I’m sorry you feel that way, that you feel that it’s justified to take someone’s life over a parking space,’" he said. "That was the chilling part about it when I found out who it was with the (McGlockton) situation."
It looks like John Tyler of Clearwater Septic Tank Company will be there to testify that Drejka called his company and threatened to kill one of his workers.
Drejka, he [Rick Kelly, 31] said, threatened to shoot him.
But the dispute didn’t end there.
Drejka called the Clearwater septic tank company Kelly works for to complain, telling owner John Tyler that he didn’t like the way Kelly had talked to him and that he was "lucky I didn’t blow his head off."
Tyler, a gun owner himself, told the Times he was shocked.
"I said, ‘I’m sorry you feel that way, that you feel that it’s justified to take someone’s life over a parking space,’" he said. "That was the chilling part about it when I found out who it was with the (McGlockton) situation."
It looks like John Tyler of Clearwater Septic Tank Company will be there to testify that Drejka called his company and threatened to kill one of his workers.
No he won't be. Florida rules of evidence forbid it.
What amazes me is the sheer effrontery of the Toad Drejka.
Both times he got popped for "brandishing", he lied through his teeth to the cops - and the cops knew it.
So he's got a sociopath thing going along with his "sad sack" disguise.
case #1: Drejka told the deputy the other car had cut him off at State Road 580 and U.S. 19. He said he honked and yelled but did not follow the other car and did not show a gun.
So how did they get your license plate number, Drejka, you lying sack of Mitt?
They had the foresight to get it before they cut you off?
case #2: A man in a black Toyota pickup had just threatened one of them with a gun, they said, pointing it out. They drove off, but the officer turned around to follow the truck on Dec. 13, 2012.
The driver of the Toyota pulled into a church parking lot before the officer could make a traffic stop. By the time the officer approached, Drejka already held his driver’s license and concealed carry permit in hand.
He said "he had not pointed a gun at the other car," according to a police report, and that the other people were lying, before the officer asked any questions.
Nice trick, that.
Then he lied about wearing the gun - the officer saw the imprint on his skin.
But all this makes no matter - the phone call to the septic system company is gonna burn him down..
No it won't. Florida rules of evidence disallow that phone call being used at the trial.
It's a bit confusing from what I'm reading. When charges weren't initially brought forth the county sheriff specifically cited "Stand-your-Ground" as the reason why. So this comes into play...
Quote:
Pinellas County Sheriff Bob Gualtieri originally declined to charge Drejka, saying one day after the shooting that the man was protected by Florida's stand-your-ground law. The sheriff passed the case to prosecutors for a final decision. The law says people can use deadly force if they believe they are in imminent danger of death or great bodily harm and have no obligation to retreat. Under a change made by the Legislature last year, if a suspect raises a stand-your-ground defense, prosecutors must prove the law doesn't apply.
Doesn't this sound like a loophole in the SYG statute that severely weakens it? I would assume but have no idea for sure that this add-on tenet was the result of the Zimmerman-Martin case.
The county sheriff offers up an unofficial defense for Drejka during his press conference but in doing so "suggests" to prosecutors that Drejka appears to be heavily relying on SYG...meaning go ahead and prosecute so the other incidents can be introduced to directly disprove that it doesn't apply. It's as if the county sheriff gets to feel out the possible defendant and can always follow the law now (by not charging) knowing it will be kicked up to the prosecutor's office.
In fact, the other incidents were included in the official complaints against Drejka. That is huge.
So it's pretty much certain the prosecution will try to introduce the previous incidents. I'm guessing that it's up to Drejka's defense strategy on whether or not they will be allowed at trial.
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