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August 26, 2019, 02:04 PM | #1 |
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SYG Shooter Found Guilty of Manslaughter
Michael Drejka was found guilty of manslaughter. We discussed it here:
https://thefiringline.com/forums/sho...d.php?t=597517 This article discusses the verdict: https://www.thetruthaboutguns.com/cl...-manslaughter/ Just a reminder that “Stand Your Ground” doesn’t mean you are free to make bad use of force decisions. |
August 26, 2019, 02:50 PM | #2 |
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At the time of the incident, I watched and rewatched the video numerous times -- at normal speed and at reduced speed. Having experienced both temporal distortion and spatial distortion ("tunnel vision") in more than one crisis situation in my life, I remain of the opinion that Drejka (the shooter) was not guilty of anything more than trying too hard to be a defender of handicapped parking spaces. Having seen discussions of the case on TFL and on other forums, a hung jury would not have surprised me at all. That every single member of the jury voted to convict I find absolutely astonishing.
I think (and hope) the conviction will be overturned on appeal.
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August 26, 2019, 03:19 PM | #3 |
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He took five steps back and started to turn before the BG shot him.
https://www.cnn.com/2019/08/23/us/fl...jka/index.html BG had threatened to shoot someone before at the same location. Nothing about this is self defense. |
August 26, 2019, 03:47 PM | #4 |
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No matter what way i look at the incident, it was murder and he has got what he deserves i hope years in jail. One more loose cannon of the streets.
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August 26, 2019, 05:06 PM | #5 |
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Everyone was losers in this story.
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August 26, 2019, 05:44 PM | #6 |
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I think he serves as a poster child for everything bad that the opponents to SYG Laws said would happen. Last I checked I think we are talking less than five of these type cases over the last decade.
Some people are just arrogant, uncaring, borderline sadistic, selfish, apathetic, mean, spiteful, dishonorable (for lack of a singular more concise word). Sometimes these same type people bump in to each other on the bumpy road of life and the results are catastrophic for both. This is one such example.
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August 26, 2019, 07:29 PM | #7 | |||
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August 26, 2019, 08:33 PM | #8 | ||||
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Rather than rely on a dictionary definition, it would be more appropriate to review the actual laws in effect at the place where the incident took place. Florida law recognizes three degrees of murder ...
First degree murder: Quote:
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https://www.flsenate.gov/Laws/Statutes/2016/Chapter782
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August 26, 2019, 09:39 PM | #9 |
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Yeah, he should be locked up. Be great if he got 20-30
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August 26, 2019, 10:25 PM | #10 | |
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August 26, 2019, 11:39 PM | #11 |
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Someone shoving you is generally not lethal force, the shover also did not appear to be continuing his attack after the defendant was on the ground. No use of lethal force or continued attack means he did not have the right to defend with lethal force. At that point, it appears he shot out of anger or revenge, not from a (reasonable) fear of death or grievous bodily injury.
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August 27, 2019, 12:21 AM | #12 | |
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After the defendant was on the ground, the attacker clearly started toward him. Also, the security video doesn't have audio, and I haven't seen any reports of what the attacker may or may not have been saying while the defendant was on the ground and the attacker started toward him. The attacker didn't break off his advance until after he saw the gun. By that time, due to temporal and spatial disorientation (tunnel vision), the defendant was already in shoot to defend mode and IMHO it's entirely reasonable that things unfolded too fast for him to flip the mental switch from SHOOT to DON'T SHOOT. You think he shot out of anger. I think he shot out of fear.
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August 27, 2019, 01:20 AM | #13 | ||||||
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Something that is never given enough consideration in CHL Classes is de-escalation techniques. With the benefit of perfect rear optics and given a do-over; with the weapon unholstered and the victim retreating a solid next step would have been to call the police and adjust his line on the target so he is not covering a car full of kids. If the attacker runs off or flees in the vehicle, more the better. The manslaughter charge goes away and maybe the pusher/ stay at home dad gets arrested again or a warrant for his arrest. Good CHL classes train in such things. Good classes are rare.
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August 27, 2019, 06:43 AM | #14 | ||||
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PhormerPhantomPhlyer "Tools not Trophies” Last edited by USNRet93; August 27, 2019 at 06:52 AM. |
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August 27, 2019, 07:23 AM | #15 | |
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The shooter instigated the situation. The shooter killed a a man after he was pushed down and by the victim defending his wife. The shooter killed a man who had retreated and was literally turning and walking away. The jury found him guilty of the crimes as charged. |
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August 27, 2019, 11:43 AM | #16 | |
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August 27, 2019, 12:01 PM | #17 | |
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Bottom line, he has had enough confrontations that indicate he does not have the mental fortitude to make the decisions of 'shoot/don't shoot'.
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August 27, 2019, 12:34 PM | #18 | |
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Had the victim continued to attack, then the BG would have had an argument, maybe. BUT, the victim then withdrew and the BG shot him as he was walking away. There is nothing reasonable about that. So lessons learned: *Don't be Florida Man. *Don't interact with Florida Man. *If one is carrying for SD, one has given up the right to be a jerk, because any altercation can now lead to a life changing event. |
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August 27, 2019, 12:58 PM | #19 | |
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August 27, 2019, 01:04 PM | #20 |
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The self appointed parking lot cop had previously threatened to shoot a driver who parked in a handicapped space.
i've watched the video. There's no self defense here. |
August 27, 2019, 01:06 PM | #21 | |||
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If what you are saying were indeed correct and the shooter was threatening the baby mama then the victim's actions would actually have been correct within the law. Shoving someone away who is a clear threat would likely be seen as a very reasonable response. However; if the victim just decided to shove the shooter because the shooter was being a jerk than the victim was in the wrong to instigate a physical confrontation. I assume the court really did not focus on that and instead looked at what happened after the shove. Personally, I don't see how anyone can take the side of the shooter after the shove. To look at it another way supposed the shooter had been a police officer? The standard is supposed to be the same for self defense. I think the public would have looked at it quite differently.
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August 27, 2019, 01:07 PM | #22 | ||
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That a putative attacker turns away isn't an unambiguous signal that he is no longer a threat. If he is walking away to drive away, that's great. If he is walking back to his car for a shotgun, that could indicate a problem. That a jury convicted in this case doesn't mean it was clear in the moment or that this was so clear that resolving this was easy for the jury. Quote:
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August 27, 2019, 01:25 PM | #23 | |
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Why could it only happen in America? Are there no other countries in the world with a presumption of innocence? Why is protection of civil rights a bad thing? Your post seems a lot of rhetoric without being grounded in facts.
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August 27, 2019, 01:40 PM | #24 | |
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Thats not self defense, thats gangsterism. |
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August 27, 2019, 01:48 PM | #25 | ||
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