From the BBC:
“Florida car-park killing: Gunman
guilty as 'stand your ground' defence fails”
A white man who shot and killed
an unarmed black man over a parking dispute in the US state of Florida has been
found guilty of manslaughter. Michael Drejka, 49, shot Markeis McGlockton after
a fight broke out over a disabled parking space last year. Drejka had cited the
state's "stand your ground" law, which has provided a self-defence
case for those threatened by deadly force or imminent danger. Drejka faces up
to 30 years in prison and will be sentenced in October. "It's been well
over a year since we've been dealing with this matter and I can safely say my
family can rest now," McGlockton's father, Michael McGlockton, told
reporters. Drejka's lawyer, John Trevena, said his client would probably appeal
against the verdict, which he called "a mystery". The fatal shooting
prompted protests and vigils around the state. It also fuelled political
debates around several polarising issues, including gun rights, race and
self-defence.
Why did the shooting take place?
The dispute began after Drejka
confronted McGlockton's girlfriend, Brittany Jacobs, because she had parked in
a disabled parking space with two of her children. As their argument escalated,
McGlockton, 28, rushed from a nearby shop and pushed Drejka to the ground. Drejka
- who had a concealed weapons licence - then pulled out a gun and shot
McGlockton. Michael Drejka had a valid concealed weapons licence, police say CCTV footage shows McGlockton rushing back
inside the shop while clutching his chest. He was taken to hospital in the city
of Clearwater and pronounced dead. Drejka claimed to have acted in
self-defence, but police faced criticism for the initial decision not to charge
him. "If he was going to hit me that hard to begin with, a blind side from
the get-go, what else should I expect?" he later said in a police
interview. Drejka also said that his "pet peeve" was illegal parking
in disabled spaces, and he admitted to police that he had frequently taken
photos of offending cars. Court documents revealed he had been accused as an
aggressor in four other road incidents between 2012 and 2018. In three of them,
prosecutors alleged that he threatened people with a gun. A six-member jury
took about six hours to reach the verdict late on Friday. Drejka's lawyers
argued McGlockton caused his own death by making Drejka fear for his life. "The
threat was real," Mr Trevena told the court. "He had the right to
stand his ground and no duty to retreat". McGlockton's family said he was
trying to protect them when he shoved Drejka But prosecutors said CCTV footage showed that
McGlockton stepped away after the weapon was pointed at him. Assistant State
Attorney Scott Rosenwasser said it was a "cut and dry" murder by a
self-proclaimed "parking lot vigilante". "You know what Markeis
McGlockton is guilty of?" Mr Rosenwasser asked the court. "He is
guilty of loving and trying to protect his family and he died because of
it." During the proceedings, jurors had asked for more clarity over the
state's self-defence law. Judge Joseph Bulone told them that all he could do
was reread it to them.
What is stand your ground and why
is it controversial?
Introduced in Florida in 2005,
the law establishes the right for people to defend themselves, with lethal
force if necessary, if they believe they are under the threat of bodily harm or
death. It overturns previous legal principles that dictate a person should
retreat before using any force to defend themselves. But the law also states
that legal protections cannot be given if the person instigated the
altercation. All but two of the 50 states have some form of stand-your-ground
law. Critics argue it has led to more shootings and has made it harder for some
criminals to be prosecuted. Opponents also believe that a
racial disparity exists in the law's enforcement. Three separate academic
studies have concluded that white people are more successful at using
stand-your-ground defences against black attackers, compared with the same
situation vice-versa. The law came under intense scrutiny following the fatal
shooting of an unarmed teenager in 2012. George Zimmerman, a neighbourhood
watchman, shot Trayvon Martin, who was walking back from a shop in the city of
Sanford. Florida police cited the law after they released Mr Zimmerman without
charge on the night of the shooting. More than 480,000 people signed a petition
calling for him to be prosecuted. He eventually stood trial but was found not
guilty.
^ I do believe that Stand Your
Ground should be a valid law across the country. With that said I believe there
needs to be more specific examples of when Stand Your Ground should and should
not be used. I have seen the video with Drejka and while McGlockton did push
him to the ground it was not means to be shot and killed over – especially since
McGlockton stopped any kind of threat when the gun was pointed at him. If
McGlockton continued to pursue Drejka after the gun was pointed at him then it
would be a different story, but that is not what happened. Drejka is guilty of
murder and I’m glad he was convicted. Now the US needs to clarify Stand Your
Ground so something like this doesn’t happen again. ^
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