Journalists Seem Incapable of Accurately Reporting on Florida's "Stand Your Ground" Law
Michael Drejka was just found guilty of manslaughter. He had instigated a confrontation with a woman over her illegally using a handicap parking spot at a convenience store. The woman’s boyfriend, Markeis McGlockton, pushed Drejka to the ground from where Drejka shot and killed McGlockton. Surveillance video captured the entire incident.
This is as close to a textbook edge case as I can think of for justifiable homicide. McGlockton is clearly in the wrong when he initiates a physical confrontation that was not in response to any violent threat (at the time). Once Drejka is on the ground, McGlockton does indeed take a step forward. Up until that point, I would say that Drejka is clearly on the right when it comes to firing his weapon. But ironically, he waits too long because McGlockton clearly reacts to the drawn weapon and starts backing up when he saw the firearm.
It's impossible to really say what a reasonable person should have done in that situation from that perspective given how tense and surprising the initial assault was. Knowing nothing else, I would lean towards an acquittal. But, I think was sunk Drejka is his fabricated testimony to police where he claims that McGlockton did not retreat after he drew his weapon, and his long history of completely unnecessarily escalated road rage incidents. He appears to have an anger problem and does not have the necessary wherewithal or responsibility to carry a firearm. Additionally, he seems to have known that he fucked up which is why he is so cagey and vague about McGlockton's retreat (he incongruously skips over that slice of time during police questioning, in contrast to the amount of detail he was giving otherwise).
Remember: Don't talk to the police without a lawyer present when you are the target of an investigation.
The second point I wanted to make just fucking makes my blood boil. The ABC News story says:
...Florida's so-called "stand your ground" self-defense law, which went into effect in 2005. It allowed people to use lethal force if they consider their lives to be in imminent jeopardy.
No no no no no NOOO NOOOO NOO Oh my god NOOO. What is it about Florida + SYG that makes journalists completely lose their mind?? Self-defense in Florida was not created in 2005. Justifiable homicide is the law in all 50 states. The only distinction with regards to "stand your ground" is whether or not you have an affirmative duty to retreat, when feasible to do safely, before you can engage in using deadly force. "Stand your ground" is the legal standard in almost the entire country except for about a dozen states, mostly in the NE.
The other aspect of the law that was passed in 2005 has nothing at all to do with "stand your ground" but instead raises the bar for when prosecutions can go forward in cases where self-defense is alleged. To use Florida as an example, defendants suspected of homicide can petition a court before trial begins to find a determination of justifiable homicide. This is to avoid the lengthy, risky, and expensive process of a criminal trial in cases where the self defense aspect is obvious. This too is not unusual, and I would argue that it's a good protection to have. I work as a public defender and I recognize how onerous a criminal charge, especially a capital crime like homicide, will have on someone who is potentially innocent.
The fact that the two aspects (no duty to retreat & prosecutorial immunity) were coupled in the 2005 Florida law causes no fucking end in confusion. I get so frustrated reading about coverage of this law.