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  • #46
    IVC
    I need a LIFE!!
    • Jul 2010
    • 17594

    Originally posted by superdave50
    both idiots
    Originally posted by riderr
    Both men were looking for the trouble.
    Possibly/probably, but that doesn't address the legality of the incident.
    sigpicNRA Benefactor Member

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    • #47
      superdave50
      Senior Member
      • Feb 2017
      • 813

      the legality has already been determined. No charges for shooter, only because of FL stand your ground law. In a different state, legality would be different also.

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      • #48
        IVC
        I need a LIFE!!
        • Jul 2010
        • 17594

        Originally posted by God Bless America
        He walked up to her and commenced the harassment. It didn't just "happen." In fact, he has a history of doing it.
        Harassment is usually a misdemeanor, could be felony in some cases. Do you think he will get charged with "harassment misdemeanor?" If not, let's stick to the facts.

        Originally posted by God Bless America
        No but starting an argument while armed is irresponsible, at the least.
        So?

        Originally posted by God Bless America
        It looks like a schoolyard tussle to me. Until Drejka shot the guy who has pushed him. Pushing is not a shooting offense.
        Assault is a self defense triggering event. The only question is whether there was enough of a pause and whether the guy was retreating or regrouping.

        Try to shove your girlfriend/wife like that and see how well you do in court under the theory that it was "just a schoolyard tussle."
        sigpicNRA Benefactor Member

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        • #49
          IVC
          I need a LIFE!!
          • Jul 2010
          • 17594

          Originally posted by superdave50
          the legality has already been determined. No charges for shooter, only because of FL stand your ground law.
          That is not how it works.

          The shooter wasn't *arrested* because of how the law works, but he can still get charged and, if he is, he is not likely to use the "stand your ground" law. It's very similar to the Zimmerman situation - if you are assaulted, you don't need to invoke "stand your ground."

          Media got it wrong about "stand your ground" then too.
          sigpicNRA Benefactor Member

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          • #50
            IVC
            I need a LIFE!!
            • Jul 2010
            • 17594

            Originally posted by cannon
            Going only by the video without sound. I would not have shot. Dead guy didn't appear to be continuing the assault.
            Most of us likely wouldn't shoot either.

            Whether the dead guy was continuing the assault or not is the primary question that will be looked at by the DA. There is a very short period of time from the time the shooter was shoved to the ground until he fires, and it's not at all unreasonable that he assumed the attack would continue. I don't believe a jury would convict based on the "there was a fraction of a second delay" theory. The shooter was still on the ground and in heavily disadvantaged position, after he was just violently assaulted.

            I don't like how it all happened, but then I wasn't the one sitting on the ground rattled after being sucker-punched/shoved to the ground.
            sigpicNRA Benefactor Member

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            • #51
              meno377
              ?????
              CGN Contributor - Lifetime
              • Jul 2013
              • 4911

              Originally posted by God Bless America
              Drejka has a temper problem and the deceased was not standing over him. He pushed Mr. Tough Guy down on his punk butt and took a step back.

              WTF would you do if some ahole was bothering your woman, if you have one? Politely ask him to tone it down a little?

              Maybe Drejka should mind his own business?

              When I carry, I most certainly do not go around criticizing people for their parking habits. I do not go looking for trouble. I avoid it.
              Maybe the woman should park in a regular spot. Maybe the thug should come out NOT pushing the guy, but telling him to mind his own business. So you're trying to justify the thug's behavior? Are you saying Drejka was in the wrong?

              While he didn't use the best judgement, he also didn't break any laws arguing with McGlockton's girlfriend. And Drejka certainly didn't deserve to be pushed like he was. In Florida Drejka defended himself within the law. We DON'T know if the thug was going to continue assaulting Drejka and Drejka had every right to stop him which includes shooting him.
              Originally posted by Fjold
              I've been married so long that I don't even look both ways when I cross the street.
              Nothing is so permanent as a temporary government program.
              -Milton Friedman


              sigpic

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              • #52
                God Bless America
                Calguns Addict
                • May 2014
                • 5163

                Originally posted by IVC
                Harassment is usually a misdemeanor, could be felony in some cases. Do you think he will get charged with "harassment misdemeanor?" If not, let's stick to the facts.
                He was harassing driver, as witnessed by somebody else. And he had done so before, to the point where to owner told him to stop. Facts.

                Assault is a self defense triggering event.
                Not that simple. Requires more than just assault.

                The only question is whether there was enough of a pause and whether the guy was retreating or regrouping.
                Probably right.

                Try to shove your girlfriend/wife like that and see how well you do in court under the theory that it was "just a schoolyard tussle."
                This isn't about whether the shove was OK. Of course he should not have acted like 4th-grader and shoved Drejka. The question is whether getting pushed on your butt by somebody who then stands there justifies killing that person, and it may matter that the shooter was harassing the decedent's partner.

                Drejka is in the wrong here. A shove does not justify a shooting. He didn't shoot until after he was planted firmly on his dumb butt. McGlockton then just stood there.

                Based on the facts we have, Drejka is guilty of 2nd-degree murder.
                Last edited by God Bless America; 07-23-2018, 2:41 PM.

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                • #53
                  superdave50
                  Senior Member
                  • Feb 2017
                  • 813

                  Originally posted by IVC
                  That is not how it works.

                  The shooter wasn't *arrested* because of how the law works, but he can still get charged and, if he is, he is not likely to use the "stand your ground" law. It's very similar to the Zimmerman situation - if you are assaulted, you don't need to invoke "stand your ground."

                  Media got it wrong about "stand your ground" then too.
                  I heard the tail end of a radio segment where the sheriff himself mentioned syg. Like I mentioned, in a state like the prk shooter would most likely have been arrested, tried and likely convicted of serious charges

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                  • #54
                    riderr
                    Calguns Addict
                    • Sep 2013
                    • 6632

                    Originally posted by God Bless America
                    He was harassing driver, as witnessed by somebody else.
                    No charges pressed by police. Claim is dismissed.
                    Originally posted by God Bless America
                    And he had done so before, to the point where to owner told him to stop. Facts.
                    Irrelevant. No charges pressed or arrest made in the past. The store owner only cared about his customers, nothing else.
                    Originally posted by God Bless America
                    Drejka is in the wrong here. A shove does not justify a shooting.
                    A violent cowardly attack on an elder person does.

                    Originally posted by God Bless America
                    He didn't shoot until after he was planted firmly on his dumb butt.
                    He didn't pull out his gun until was attacked.
                    Originally posted by God Bless America
                    McGlockton then just stood there.
                    Quite opposite, he moved toward Drejka laying on the ground. It's clear on the tape
                    Originally posted by God Bless America
                    Based on the facts we have, Drejka is guilty of 2nd-degree murder.
                    Not arrested by Sheriff, not charged by DA by now.

                    Originally posted by superdave50
                    Like I mentioned, in a state like the prk shooter would most likely have been arrested, tried and likely convicted of serious charges
                    In California, he would've been arrested, convicted and beheaded by now.
                    Last edited by riderr; 07-23-2018, 2:52 PM.

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                    • #55
                      God Bless America
                      Calguns Addict
                      • May 2014
                      • 5163

                      Originally posted by superdave50
                      I heard the tail end of a radio segment where the sheriff himself mentioned syg.
                      The sheriff didn't seem very happy with the shooting as I recall.

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                      • #56
                        Guns and guitars
                        Banned
                        • Mar 2012
                        • 1548

                        Originally posted by riderr
                        I would disagree. Glockton pushed Drejka really hard. The guy might have cracked his head. Then, Glockton made a few steps toward Drejka, laying on the ground. Only after the handgun was drawn, Glockton stepped back, probably too late
                        He only pulled it out after having been attacked. Nowhere during the handicap parking spot argument, he presented the gun
                        Not guilty till proven, right? We don't know the details of those incidents.
                        Wasn't him who violated the blue parking spot rule.
                        Would you stand up and apologize to Glockton, if he cowardly pushed you to the ground like that?
                        If you play with the bull... you know right? Don't think you are the toughest guy on the block.
                        He minded the law. You don't have to be a cop to help your fellow citizens to recognize and follow the law. There are different ways to do so. Drejka's approach, while wasn't the best one, certainly wasn't illegal, according to Sheriff.
                        It is your choice, but it's not the only choice.
                        100% agreement.

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                        • #57
                          edgerly779
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Aug 2009
                          • 19871

                          Bad choices for both parties. Wait and see if DA files on the shooter.

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                          • #58
                            Califpatriot
                            Senior Member
                            • Jul 2016
                            • 2438

                            Originally posted by riderr
                            Probably, no one. That's why she felt entitled to do whatever she pleased.
                            This. People these days are too afraid to confront others about their anti-social behavior. He didn't do it armed, he didn't threaten violence, his behavior was entirely appropriate.
                            In case it wasn't obvious, nothing I write here should be interpreted as legal advice.

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                            • #59
                              God Bless America
                              Calguns Addict
                              • May 2014
                              • 5163

                              From Fox news:

                              The Tampa Bay Times reported interviewing Rick Kelly, 31, who said that two months ago he was at the store and parked in the same handicapped spot. He said he saw Drejka walking around his vehicle checking to see if he had a permit, which he didn’t.

                              He said that during the ensuing argument Drejka threatened to shoot him.

                              "It’s a repeat,” Kelly told the paper. “It happened to me the first time. The second time it’s happening, someone’s life got taken. He provoked that."

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                              • #60
                                Califpatriot
                                Senior Member
                                • Jul 2016
                                • 2438

                                In these cases, the liars come out of the woodwork.

                                How would he even know who Drejka is? I googled and read the articles--nowhere is there a picture of the shooter. This man is full of crap.
                                In case it wasn't obvious, nothing I write here should be interpreted as legal advice.

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