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According to the article, the way prosecutors laid out the charge of manslaughter including information of previous cases of road rage incidents, I'd say the defendant will have a difficult time maintaining innocence to avoid some jail time. I would even suspect lawyers for Drejka pushes for plea bargaining while the FL state legislature is willing to use this case to revisit gun policy for the state.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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The prosecutors will lay out a broad story ('the theory of the case' AKA the yarn spun for the canvas of the jury), especially in the press, thanks to Mr. Crump. But before the prosecution gets any traction with the jury, they have to destroy Drejka's self-defense 'affirmative defense' beyond a reasonable doubt. The previous incidents have no bearing on this case so it's unlikely the jury will hear of them.

Anyone that carries would benefit from watching the video from the FL V Zimmerman case. The media and the 'Julison Effect' are public theater and mostly incorrect.

ETA This is really the point - we get most of our information on a case from the media - and not only are they not proficient on guns or the law, but the prosecution are intentionally misrepresenting the facts in order to pollute the jury pool. (Recall that Crump hired a guy named Julison - a PR guy - to take the propaganda to a new level. Julison is out of the picture but Crump is still practicing his craft.)

YouTube accounts 'croakerqueen' and 'MortimerESQ' have the entire trial.
https://www.youtube.com/user/croakerque ... =zimmerman
https://www.youtube.com/user/HeartInSan ... =zimmerman

If nothing else, watch the defense's opening statement.

Last edited by AndyH on Thu Aug 16, 2018 1:19 pm, edited 1 time in total.

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eelj wrote: Wed Aug 15, 2018 10:35 pm I can't speculate on this case, the only thing I can go on is the video. I don't know what was said by either subject. All I can go on is the fact that the deceased knocked someone down and when the guy pulled the gun he backed away and was turning away when he was shot.
He shoved the guy then moved back to the car, but was still facing Drejka. He didn't turn away until he'd been shot. Here's the video again:

https://www.wtsp.com/video/news/raw-pin ... 67-8195620

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AndyH wrote: Wed Aug 15, 2018 9:33 pm The prosecutors will lay out a broad story ('the theory of the case' AKA the yarn spun for the canvas of the jury), especially in the press, thanks to Mr. Crump. But before the prosecution gets any traction with the jury, they have to destroy Drejka's self-defense 'affirmative defense' beyond a reasonable doubt. The previous incidents have no bearing on this case so it's unlikely the jury will hear of them.

Anyone that carries would benefit from watching the video from the FL V Zimmerman case. The media and the 'Julison Effect' are public theater and mostly incorrect.

ETA This is really the point - we get most of our information on a case from the media - and not only are they not proficient on guns or the law, but the prosecution are intentionally misrepresenting the facts in order to pollute the jury pool. (Recall that Crump hired a guy named Julison - a PR guy - to take the propaganda to a new level. Julison is out of the picture but Crump is still practicing his craft.)

YouTube accounts 'croakerqueen' and 'MortimerESQ' have the entire trial.
https://www.youtube.com/user/croakerque ... =zimmerman
https://www.youtube.com/user/HeartInSan ... =zimmerman

If nothing else, watch the defense's opening statement.

Prior acts are admissible if used to show motive, plan, preparation, or intent. In this case, Drejka's 3 previous similar instigations of confrontations which he then punctuated by either pulling a gun or threatening to use one, including against at least one other woman with a child in the car, could be used as evidence that in confronting McGlockton's girlfriend, he was trying to create another situation in which he could bring his gun into play. So the jury probably will hear about them in this context, which will likely look pretty damning given the frequency with which he has been doing this, and the high degree of similarity between the previous incidents and this one. Basically, the only difference is that no one previously stood up to him, let alone got physical with him. And that could even be made to look like he was intentionally trying to provoke such a response in all these incidents, so that he'd have an excuse to shoot someone. The defense can try to rebut this, but since this is fair game for the prosecution, I'd be surprised if they don't use it.

However, I do agree that 90% of what we're seeing right now is pre-trial theater. That's always what happens in any big case. The Zimmerman case was a perfect example of that, and like usual, led most people to believe in a scenario that was significantly at odds with the facts presented at trial. The Marissa Alexander case was probably an even better example.

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https://www.cbsnews.com/news/florida-st ... cglockton/
"I was very scared," Drejka told WTSP-TV. "I've never been confronted like that or never been assaulted like that, if you will, ever ... It felt like I was tackled or someone hit me from behind with something. I left my feet and slid along the ground before I was able to- but, yes, I was stunned, yeah."

Drejka said he's not a racist and apologized to McGlockton's family. "I'm sorry," Drejka said.

"It's all I can really say to them, and thinking about it would you accept those kind of words from someone? I don't think I would."
Drejka said the way handicapped parking spots are "abused" has been a sensitive issue for him. He described his deceased high school sweetheart and his mother-in-law as handicapped.

"It's always been a hotbed for me," Drejka said. "My whole life has always been looking for a handicapped parking spot, and it's always touched a nerve with me because of the way they're abused and used."

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AndyH wrote: Mon Sep 03, 2018 6:10 pm https://www.cbsnews.com/news/florida-st ... cglockton/
"I was very scared," Drejka told WTSP-TV. "I've never been confronted like that or never been assaulted like that, if you will, ever ... It felt like I was tackled or someone hit me from behind with something. I left my feet and slid along the ground before I was able to- but, yes, I was stunned, yeah."

Drejka said he's not a racist and apologized to McGlockton's family. "I'm sorry," Drejka said.

"It's all I can really say to them, and thinking about it would you accept those kind of words from someone? I don't think I would."
Drejka said the way handicapped parking spots are "abused" has been a sensitive issue for him. He described his deceased high school sweetheart and his mother-in-law as handicapped.

"It's always been a hotbed for me," Drejka said. "My whole life has always been looking for a handicapped parking spot, and it's always touched a nerve with me because of the way they're abused and used."
Apparently he has a lot of pet peeves. How does this explain why he pulled a gun on a woman he claimed was driving too slowly through a school zone? Something to do with his deceased high school sweetheart and school zones? Or why he pulled a gun on a teenager in front of him who decided not to go through a yellow light? His mother-in-law is somehow tied to people not racing traffic signals? Or why he cut off a woman with two young children in the car and then slammed on his brakes, causing an accident, which he admitted he did on purpose, because he didn't like her pulling in front of him on the highway? He has a special issue with people 'abusing' lane changes? These are just the ones in the public record; who knows how many incidents like this he precipitated that weren't reported to the police?

Even if we were all stupid enough to believe him about handicap spaces just being his 'issue', rather than him simply generally being a violent sociopathic @$$hole obsessed with making people pay for upsetting him the least little bit, and willing to, at a minimum, commit aggravated assault to do so, that's quite a pet peeve when just weeks before he threatened to shoot a man for parking in a handicap spot who didn't in any way threaten him or even argue with him.

In his interview he also said, "I followed the law the way I felt the law was supposed to be followed. I cleared every hurdle that that law had to put in front of me." That pretty much sounds like what was going through his head during the pause between pulling the gun and firing wasn't "Oh crap! This guy is attacking me!" but was instead going through a mental checklist to determine whether he could get away with shooting McGlockton, which, given his history, he undoubtedly wanted very badly to do. If he pulled a gun and threatened to shoot people just for slowing him down slightly in traffic, imagine what he must have wanted to do to someone who actually had the nerve to put hands on him, and how badly he wanted to do it. In his own words, he sees the law on self-defense as a series of hurdles put in front of him that keep him from legally shooting someone, not a thing to protect him if he is forced to defend himself. Looks like he thought someone finally gave him what he needed to clear that last inconvenient hurdle.
Last edited by Evo1 on Fri Sep 07, 2018 12:11 am, edited 1 time in total.

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Evo1 wrote: Thu Sep 06, 2018 10:50 pm
AndyH wrote: Mon Sep 03, 2018 6:10 pm https://www.cbsnews.com/news/florida-st ... cglockton/
"I was very scared," Drejka told WTSP-TV. "I've never been confronted like that or never been assaulted like that, if you will, ever ... It felt like I was tackled or someone hit me from behind with something. I left my feet and slid along the ground before I was able to- but, yes, I was stunned, yeah."

Drejka said he's not a racist and apologized to McGlockton's family. "I'm sorry," Drejka said.

"It's all I can really say to them, and thinking about it would you accept those kind of words from someone? I don't think I would."
Drejka said the way handicapped parking spots are "abused" has been a sensitive issue for him. He described his deceased high school sweetheart and his mother-in-law as handicapped.

"It's always been a hotbed for me," Drejka said. "My whole life has always been looking for a handicapped parking spot, and it's always touched a nerve with me because of the way they're abused and used."
Apparently he has a lot of pet peeves. How does this explain why he pulled a gun on a woman he claimed was driving too slowly through a school zone? Or why he pulled a gun on a teenager in front of him who decided not to go through a yellow light? Or why he cut off a woman with two young children in the car and then slammed on his brakes, causing an accident, which he admitted he did on purpose, because he didn't like her pulling in front of him on the highway? These are just the ones in the public record; who knows how many incidents like this he precipitated that weren't reported to the police?

Even if we were all stupid enough to believe him about handicap spaces just being his 'issue', rather than him simply generally being a violent sociopathic @$$hole obsessed with making people pay for upsetting him the least little bit, and willing to, at a minimum, commit aggravated assault to do so, that's quite a pet peeve when just weeks before he threatened to shoot a man for parking in a handicap spot who didn't in any way threaten him or even argue with him.

In his interview he also said, "I followed the law the way I felt the law was supposed to be followed. I cleared every hurdle that that law had to put in front of me." That pretty much sounds like what was going through his head during the pause between pulling the gun and firing wasn't "Oh crap! This guy is attacking me!" but was instead going through a mental checklist to determine whether he could get away with shooting McGlockton, which, given his history, he undoubtedly wanted very badly to do. If he pulled a gun and threatened to shoot people just for slowing him down slightly in traffic, imagine what he must have wanted to do to someone who actually had the nerve to put hands on him, and how badly he wanted to do it. In his own words, he sees the law on self-defense as a series of hurdles put in front of him that keep him from legally shooting someone, not a thing to protect him if he is forced to defend himself. Looks like he thought someone finally gave him what he needed to clear that last inconvenient hurdle.
Feel free to cite sources for all of the times he supposedly pulled guns on people. Then tell me what they have to do with this case. Finally, compare/contrast his claimed work to clear hurdles with the teachings of self defense classes that admonish a carrier to do just that. You seem to know more about what's inside his head than mere mortals - what's up with that? Your prejudices are showing, I'm guessing. Maybe turn the tables and see how you'd respond if someone applied your comments to you after a SD shoot. You still cool with that?

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AndyH wrote: Fri Sep 07, 2018 12:11 am Feel free to cite sources for all of the times he supposedly pulled guns on people. Then tell me what they have to do with this case. Finally, compare/contrast his claimed work to clear hurdles with the teachings of self defense classes that admonish a carrier to do just that. You seem to know more about what's inside his head than mere mortals - what's up with that? Your prejudices are showing, I'm guessing.
Here you go. This is just one of many media stories that have listed his previous incidents of threatening people and precipitating confrontations over minor slights. If you need more, just let me know. I'm sure I can find a dozen more on just the first page of a simple Google search: https://www.cnn.com/2018/08/14/us/flori ... index.html

I didn't claim to know what he was thinking. But given his clear history of actually pulling guns on people (given that multiple unassociated people have made identical such claims against him, making a pretty convincing case that they were telling the truth) over such offenses as 'going too slow through a school zone', and when he characterizes the law as 'putting hurdles in front of me' to keep him from shooting someone, it's a pretty reasonable interpretation that he seems to go around looking for an opportunity to use a gun, and was just waiting for someone to give him an excuse to do so.

I've been involved in self-defense training for 40 odd years. I've never heard anyone in that field admonish students to 'work to clear hurdles' in order to justify using force. That sounds like telling people to make an effort to escalate a situation to the point of making the use of force legal when it initially isn't. Are there legal hurdles to using force in self-defense? Yes, as there should be. But as the person claiming defense, you don't 'work to overcome them,' you work to avoid the need to use force, to keep those hurdles (such as a lack of an imminent threat of serious injury) in place, and if your attacker still removes those hurdles then you are justified in using force. If you're working to remove those hurdles, then, by definition, you're being the aggressor by escalating the situation. Telling students that they should work to clear those hurdles is saying that shooting someone is the goal in any confrontation, and one should manipulate the situation to make it legally permissible. What you tell students is that those hurdles need to be removed by the actions of the aggressor before you can legally use force.

What all this has to do with this case is that, as I posted earlier, these incidents, and his statements, are all admissible in his coming legal proceedings to establish motive, plan, preparation, or intent. It becomes relevant because the prosecution can legally use all of these things to show that his motive in engaging McGlocton's girlfriend might have been to create an excuse to bring his gun into play as he has in the past, that his motive for using his gun was anger and not self-defense, that he may have intended to create such a situation, that such an interpretation fits his pattern of behavior. When it is all considered together, it paints a picture of a man who goes through his day with a hair trigger, looking for an excuse to commit felony aggravated assault in order to put people in what he sees as their proper place, and just happened this time to get his wish. I'm guessing your prejudices keep you from seeing the obvious given his well-documented history of doing exactly that.

As for my prejudices, I have none in this case. I'm an ardent supporter of armed self-defense, and the laws that support it here in Florida. For example, I argued from the very beginning that George Zimmerman was unquestionably justified in shooting Travon Martin, and should never have been prosecuted. I would say my views on this are probably more permissive than most people here. And I don't even think that there's convincing evidence that this case was racially motivated. Some of the people he's had run-ins with before were apparently not minorities, since the press seems to go out of its way to make the point in the cases where they were. So even if I were to hold some bias in cases involving race, I don't consider that an convincing issue here. It's just that from my years of experience and training in the legal use of force, I don't believe this particular case is one, because too much evidence points to something else, something I see as a dire threat to legal self-defense by trying to abuse those laws to justify a killing that wasn't. I always considered the anti argument that carry laws and SYG were just excuses for unbalanced angry people to commit murder to be idiotic BS. But this guy actually appears to be a real-life example of that.

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Evo1 wrote: Thu Sep 06, 2018 10:50 pm In his interview he also said, "I followed the law the way I felt the law was supposed to be followed. I cleared every hurdle that that law had to put in front of me." That pretty much sounds like what was going through his head during the pause between pulling the gun and firing wasn't "Oh crap! This guy is attacking me!" but was instead going through a mental checklist to determine whether he could get away with shooting McGlockton, which, given his history, he undoubtedly wanted very badly to do.
It appears you're choosing to read into his statements in a way that seems off to me. The 'hurdle' comment seems straightforward considering that Ayoob, Branca, and Pincus, at least, take the time to break-down different situations and talk about all of the tests that need to be met for them to be defensible. Hurdles, wickets, steps, rules - six of one...

As I said in a previous post: Consider your points if they were applied to you or anyone else here that was involved in a SD shooting. Would you be OK being on the receiving end of mind reading and judgement? Seems to me the sorts of things you're doing is what the state did in Zimmerman.

Just to be clear: I'm not defending the guy's previous actions or the way he lives his life - I wouldn't buy him a beer, or Zimmerman either. But since our baseline of 'innocent until proven guilty' and that he'll only be tried for the actual event in question really should be supported, I'm not going to get sucked into parsing all of the spaghetti thrown on the wall that doesn't apply.

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Evo1 wrote: Fri Sep 07, 2018 12:56 am I always considered the anti argument that carry laws and SYG were just excuses for unbalanced angry people to commit murder to be idiotic BS. But this guy actually appears to be a real-life example of that.
Myself, I regard such views as projection and a good argument to stay away from the people who make them, particularity when they are in possession of sharp, point objects.

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And now this...
Autopsy shows man turned away from gunman in "stand your ground" shooting, expert says
https://www.cbsnews.com/news/markeis-mc ... 018-09-26/
The Tampa Bay Times asked another medical examiner to review the autopsy released Tuesday. Dr. Stephen Nelson said it was consistent with a widely circulated surveillance video of the shooting, which shows McGlockton starting to turn away after the shooter, Michael Drejka, drew his gun.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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The white man charged with manslaughter for shooting a black man following a confrontation over a parking space in Florida in July is scheduled to go on trial next August, a judge said Friday. A trial date for Michael Drejka, 48, was set for Aug. 19, NBC affiliate WFLA of Tampa reported. Drejka fatally shot Markeis McGlockton, 28, after the two were involved in an altercation over parking in a handicapped parking spot outside of a Clearwater convenience store on July 19, and Drejka was initially not arrested due to Florida’s "stand your ground" law.

Drejka’s attorney, John Trevena, said that the shooting was justified. "It's time for the truth to come out and the truth is that Mr. Drejka acted in totally self defense and in complete compliance with 'stand your ground' he said, according to the station. Attorneys for McGlockton and his family have said that Drejka was the aggressor in the situation and confronted McGlockton's girlfriend with their children in the car over the parking spot, and that video shows that after McGlockton pushed Drejka to the ground McGlockton was backing away before Drejka fired. An autopsy conducted on McGlockton indicates the bullet traveled at a slightly upward angle, consistent with video that appears to show him backing up and turning away from the shooter.

McGlockton’s family attorney, Michele Rayner, said that "I think it's very clear that the defense does not have a case," according to WFLA. "The facts speak for themselves. The video speaks for itself," she said. Prosecutors filed a manslaughter charge against Drejka on Aug. 13. He is free after posting bond. Drejka has a concealed weapons licence, officials have said, and McGlockton was unarmed. In a jailhouse interview with a local TV station in September, Drejka said he felt the confrontation was started by McGlockton and that he feared for his life.

"I didn't know it was a shove," Drejka said in that interview. "I thought I was tackled." McGlockton's father, Michael McGlockton, said of the interview that he was disgusted by Drejka’s comments. "I think he told a bunch of lies in it," Michael McGlockton said at the time. The case has drawn national interest as another apparent example of the "stand your ground" argument, which allows Floridians to defend themselves with deadly force if they are in fear of imminent danger or death.
https://www.nbcnews.com/news/us-news/fl ... ur-n948296
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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It will be interesting to see how Drigeba's lawyer brings that into the trial.
Homicide detectives don’t have an on-call schedule, Gualtieri said. Instead, the agency puts out a request for them to respond when a crime is committed. If they are unable to answer the call, they‘re allowed to tell their supervisor they’re not available. The sheriff said Moffett told him he came anyway because he worried they’d be short staffed because of the holidays.
Dumb
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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