According to Florida law McGlockton commited a battery offense at the time he pushed Drejka.
- Battery Under Florida Law:
1. Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or
2. The intentional causing of bodily harm to another person.
However, the question is does Drejka's reaction fall under "Stand Your Ground".
- A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a justification in a criminal case, whereby defendants can "stand their ground" and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats. An example is where there is no duty to retreat from any place where they have a lawful right to be, and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm and/or death. In Dawkins v. State the court describes "[T]he 'stand your ground' law... provide that a person has a right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an intruder... for a person to be justified in using deadly force, the person must not be 'engaged in unlawful activity".[1]
My personal opinion... Drejka should be in jail for what he did. Based on the video his life didn't appear to be in danger and it didn't look like McGlockton intended serious bodily harm. It depends on how well a lawyer can argue and convince a jury of Stand Your Ground. But I would also argue that Drejka created the situation by confronting McGlockton and his family over a parking spot.
Absolute nonsense. You have no analytical ability whatsoever. Now perhaps you are just letting your bias overrule any common sense you might have but either way...you are in error.
First of all you have the benefit of hind-sight which is always 20/20 but in real life the white fellow was on the ground and at the mercy of his attacker. A swift kick to the head could have killed him or given him brain damage. Many cases of people being beaten to death and often with no good reason. Those violently inclined often get a high from causing bodily harm and there is no real reason to belive he would have stopped his assault other than the fact the white guy whipped out a pistol. Geez what a shock that must have been...I almost feel sorry for the guy. Then he gets shot....his last though was probably something like this: damn that guy looked so harmless.
My bias? What bias is that? Please explain.
Clearly my analytical skills far outweigh yours. There isn't any audio on the tape, nor can you see how the altercation started. How can you assume his life was in danger based on a mere shove (The black guy wasn't attacking further at the time he was shot)? People get shoved all the time. Based on what I saw and couldn't hear that was my opinion.
But, opinions don't matter in these cases. Which is why I conceded the prosecution would have a hard time with this case. Did you read any of that and the definitions I posted? It's you who is biased.
Your ignorance really does not deserve a reply but since it is a slow morning I will try to enlighten you.
Your bias and ignorance of the law is in plain view for all to see.
Drejka the white guy had just been assaulted. Yet you seem not to comprehend that.
All those who bring up the Stand your ground law simply fail to see that is not even applicable to this case...the white guy was on the ground and at the mercy of his attacker he had no ability to flee or even to try and flee without risk of further bodily harm and possibly even death.
Drejka was entirely within his legal rights to talk to the black lady about their parking in a handicap spot.
The only person initiating violence was her b/f who had a history of assault.
The b/f rushed out of the store in a fit of anger based on what someone told him inside the store...instead of trying to find out for himself what was going on he in his anger and perhaps even hatred of white people committed assault.
Absolutely outrageous...not even to mention stupid. Thus he sealed his own fate out of anger, hate, stupidity and a disposition for violence proved by his arrest record.