Florida Man Found Guilty Of Manslaughter Despite 'Stand Your Ground' Defense - Page 4
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Thread: Florida Man Found Guilty Of Manslaughter Despite 'Stand Your Ground' Defense

  1. #31
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by brownie View Post
    He wasn't drawing while being assaulted, he wasn't bringing the gun to eye level while being assaulted, he wasn't sighting in while being assaulted. Yet he fired on the guy who wasn't any longer an imminent threat taking steps backward not toward the shooter.

    Verdict is correct, you can't shoot people because they shove you to the ground. There has to be a continuing attack on your person where it's imminent you fire or be killed or gravely injured.
    There does not have to be a continuing attack. Even if the original threat has ceased a new attack may be imminent. All that is required is that you have a reasonable and well founded fear of imminent serious bodily injury or death. When being interviewed by police Drejka said about 50% of what needed to be said to establish such reasonable and well founded fear. Had he had advice of counsel he probably would have said the other 50% and never been charged in the first place.

    I don't know what kind of expert witnesses Drejka had, and given a couple colossal mistakes he made in statements to police it probably doesn't matter, but had he kept his mouth shut there could have been ample basis for him to credibly articulate that he feared McGlockton was about to draw and shoot him. The fact that McGlockton was unarmed is irrelevant. Your fear has to be reasonable and well founded. It does not have to be correct.
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  2. #32
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    I'm not going g to armchair quarterback this situation. I have no idea what was actually going on in the minds of those involved. I will say that to my view it was a bad shooting. From the moment the shooter rolls around to see his attacker the dead man does not appear to be re-engaging. He looks to have created separation between the vehicle, himself and the shooter. Nice football move, but it got him killed so not a great move. Shooter took a bit of time to draw and get on target. Dead guy sees him drawing and appears to begin to back away. Just my two cents.

  3. #33
    Distinguished Member gandrfab's Avatar
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    For those that see this in black and white.
    Pre-existing conditions aside.
    Guy 1 pushed another guy 2 down and is approaching guy 2 on the ground.
    Guy 2 on the ground draws and doesn't fire.
    Guy 1 backs up and now what?

    Have a beer, get some ice cream?

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  5. #34
    Distinguished Member brownie's Avatar
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    Quote Originally Posted by gandrfab View Post
    For those that see this in black and white.
    Pre-existing conditions aside.
    Guy 1 pushed another guy 2 down and is approaching guy 2 on the ground.
    Guy 2 on the ground draws and doesn't fire.
    Guy 1 backs up and now what?

    Have a beer, get some ice cream?
    Now what? You have choices.
    1. Hold him at gun point until leo's arrive staying on the ground
    2. Hold him at gun point until leo's arrive but getting to your feet
    3. Once he's backed off, put the gun away and walk
    4. Once he's backed off, shoot him

    Our convicted felon chose door number 4. The wrong choice.
    The mind is the limiting factor

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    The lion does not even bother to turn his head when he hears the small dog barking..

    Stay Sharp

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  6. #35
    Senior Member Coops's Avatar
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    Sentenced today. 20 Years minus 92 days.
    https://www.foxnews.com/us/florida-m...t-self-defense

  7. #36
    Distinguished Member brownie's Avatar
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    Quote Originally Posted by Coops View Post
    Sentenced today. 20 Years minus 92 days.
    https://www.foxnews.com/us/florida-m...t-self-defense
    Hope he does every minute of that sentence/.
    The mind is the limiting factor

    https://www.youtube.com/user/azqkr

    The lion does not even bother to turn his head when he hears the small dog barking..

    Stay Sharp

    Brownie

  8. #37
    Distinguished Member High Seas Drifter's Avatar
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    It's Florida. He won't.

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    • "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." -The Dalai Lama

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