Results 151 to 160 of 266
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July 28th, 2018, 01:59 PM #151
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July 28th, 2018, 03:03 PM #152
Re: Florida parking lot shooting: Should stand your ground laws apply to cases like t
I little courtesy and respect goes a long way, especially in this charged environment we are living through. It also will disarm someone who is clearly ready to pounce, if given the opporunity.
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August 13th, 2018, 02:28 PM #153
Re: Florida parking lot shooting: Should stand your ground laws apply to cases like t
Looks like this is going to be around a bit longer. The shooter has been charged with manslaughter.
https://www.tampabay.com/florida-par...d-manslaughter
Parking lot shooter charged in Florida 'stand your ground' case
Published: August 13, 2018
Updated: August 13, 2018 at 12:12 PM
Prosecutors charged Michael Drejka, the man accused of killing Markeis McGlockton in a shooting that has reignited a debate around Florida’s stand your ground law, with manslaughter Monday.
According to the Pinellas County Sheriff’s Office, Drejka was taken into custody Monday morning. He will be booked into the Pinellas County Jail this afternoon.
Drejka, 47, has avoided arrest since he shot 28-year-old McGlockton on July 19 because of the controversial self-defense law that eliminated one’s duty to retreat before resorting to force.
Pinellas Sheriff Bob Gualtieri announced July 20 that his agency was precluded from arresting Drejka because evidence showed it was "within the bookends of stand your ground and within the bookends of force being justified," which provides immunity from arrest, the sheriff said. He forwarded the case Aug. 1 to the Pinellas-Pasco State Attorney’s Office to make a final charging determination.
State Attorney Bernie McCabe’s decision to charge Drejka signals that prosecutors believe they can show by "clear and convincing" evidence that a stand your ground defense is not applicable in Drejka’s case.
State legislators revised the law last year to put the onus on prosecutors to disprove a stand your ground claim instead of on defense attorneys to prove one.
Several questions must be considered in deciding whether someone can be protected under the law when they use force: Was the person acting lawfully? Did the person have a right to be there? And was the person in reasonable fear of serious injury or death?
The encounter between the two men started when Drejka confronted McGlockton’s girlfriend, Britany Jacobs, about why she had parked in a handicap-reserved parking space without a decal at the Circle A Food Store on Sunset Point Road near Clearwater.
McGlockton, inside the store with his 5-year-old son, caught wind of the heated argument from witnesses. Surveillance video shows him leaving the store, walking up to Drejka and pushing him to the ground. Drejka then pulls out a gun and shoots McGlockton. He told deputies he was in fear of further attack.
In order to make an arrest, Gualtieri said the facts of the case must clearly show stand your ground doesn’t apply, which wasn’t the case here. Otherwise, Drejka would be in custody while prosecutors considered whether they could meet the burden established under the law.
That differs from a normal arrest in which law enforcement officers "establish if we have the elements of a crime without considering the defenses," the sheriff said.
"This is very unique," he said. "There’s no other provision in Florida law that says we have to consider these defenses."
The shooting reignited a national debate around stand your ground — and race’s role in how it’s applied. McGlockton was black. Drejka is white.
Benjamin Crump, the civil rights attorney known for representing unarmed black men who died in violent encounters, including Trayvon Martin, signed on to represent Jacobs. Five members of Congress, including Sen. Bill Nelson and Rep. Charlie Crist, called for the Department of Justice Civil Rights Division to open an investigation. State Sen. Darryl Rouson called for a special session to address stand your ground, an effort that failed on Friday.
And all the while, rallies and news conferences cropped up nearly every day to call for an arrest, organized by groups such as the National Association for the Advancement of Colored People and Black Lives Matter.
Drejka has remained largely a mystery to the public in the weeks since the shooting. The Tampa Bay Times reported last week that he has been the accused aggressor in four incidents since 2012, including two in which he was reported to have shown a gun. He was not arrested in any of the cases and does not have a criminal history in Florida.
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August 13th, 2018, 03:12 PM #154
Re: Florida parking lot shooting: Should stand your ground laws apply to cases like t
"And all the while, rallies and news conferences cropped up nearly every day to call for an arrest, organized by groups such as the National Association for the Advancement of Colored People and Black Lives Matter."
This may just have something to do with him getting charged.
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August 13th, 2018, 03:28 PM #155
Re: Florida parking lot shooting: Should stand your ground laws apply to cases like t
Benjamin Crump, the civil rights attorney known for representing unarmed black men who died in violent encounters, including Trayvon Martin, signed on to represent Jacobs. Five members of Congress, including Sen. Bill Nelson and Rep. Charlie Crist, called for the Department of Justice Civil Rights Division to open an investigation.
But, as RockIsland points out, being charged criminally is very likely due to public and political pressure. Frankly, I can't see 12 jurors agreeing either way on this case... so, hung jury.
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August 13th, 2018, 04:39 PM #156
Re: Florida parking lot shooting: Should stand your ground laws apply to cases like t
"Stand your ground" means that you have no duty to retreat before using force to defend yourself, IF you have grounds to defend yourself. That aspect is irrelevant here, because the shooter was on the ground with the attacker just inches away. It's extremely unlikely that the shooter could get up and retreat before the attacker would resume his attack, and the video clearly shows that the physical attack was unprovoked and had not ended, with the aggressor still there and still making hostile gestures.
There are other aspects in the laws like this which may apply, such as placing the burden of proof on the state to prove that self-defense does NOT apply.
As for the previous allegations that the shooter had confronted others with his gun, I haven't seen evidence that any of those resulted in police reports, which would explain the absence of prior arrests, and there's no discussion of the circumstances of those alleged incidents; if a dozen people come at me with knives over the course of a year, and I defensively display a gun each time, should I be arrested, or should the aggressors count themselves lucky that they weren't shot or arrested?Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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August 13th, 2018, 06:55 PM #157
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August 13th, 2018, 07:05 PM #158
Re: Should stand your ground laws apply to cases like this.
.
the Lawer representing the "victim" is the same lawyer that represented Travon Martin's familyEcclesiastes 10:2 ...........
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August 13th, 2018, 07:09 PM #159
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August 13th, 2018, 07:27 PM #160Banned
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Re: Should stand your ground laws apply to cases like this.
political theater, nothing less.
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