Drudge Retort: The Other Side of the News
Saturday, July 21, 2018

A man who was captured on surveillance video fatally shooting another man in Clearwater, Florida, during a parking-spot spat as his young son watched nearby will not be arrested or charged by police, according to Pinellas County Sheriff. "I don't make the law. I enforce the law," Pinellas County Sheriff Bob Gualtieri said during a news conference today. "The law in the state of Florida today is that people have a right to stand their ground and have a right to defend themselves when they believe that they are in harm."

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From the link ...

"[It's] sad to see [McGlockton] die in front of his son. ... For a parking lot [space.]

For a stupid reason.

Just to argue, just to find someone to argue with," said store owner Ali Selous, who told ABC News affiliate WFTS-TV that McGlockton was in the store buying candy for Markeis Jr.

Deputies transported Drejka to the North District Station to be interviewed by detectives, who also took possession of Drejka's handgun.

Drejka had a valid Florida concealed weapons license, police said.


America is in decline.

#1 | Posted by PinchALoaf at 2018-07-21 01:40 PM | Reply

Republicans in states like FL passed ill-conceived NRA-financed SYG laws that local police and prosecutors don't want to fight because they lose these cases.

#2 | Posted by Corky at 2018-07-21 02:13 PM | Reply

Someone should have kept their hands to themselves.

#3 | Posted by Tor at 2018-07-21 06:47 PM | Reply | Newsworthy 2

On second thought having seen the footage it looks like the attacker was retreating and the shooting was likely unwarranted.

Still one should never attack a stranger you don't know what they might do.

#4 | Posted by Tor at 2018-07-21 07:05 PM | Reply

Sounds like the right person got shot this time.

#5 | Posted by BruceBanner at 2018-07-21 07:24 PM | Reply

#4 | POSTED BY TOR AT 2018-07-21 07:05 PM | FLAG:

Saw the footage. Pushes him down then steps towards him on the ground. Attacker never retreated until suffering from a bullet wound.

#6 | Posted by sitzkrieg at 2018-07-21 07:27 PM | Reply

You should never put your hands on people. I dont think the guy should have shot him, but one never knows how they felt at the time.

But I do think it was right that the person who fired the shot shouldnt be charged.

Sued for causing a death, on the other hand, is a different story.

#7 | Posted by boaz at 2018-07-21 07:28 PM | Reply

Footage shows the pushy jerk was backing away.

Granted he wasn't running or visibly pleading for his life.

Police really should look into this.

#8 | Posted by Tor at 2018-07-21 07:33 PM | Reply

They did. It's just self-defense.

#9 | Posted by sitzkrieg at 2018-07-21 07:37 PM | Reply | Newsworthy 1

My mistake the legal system needs to look into this.

#10 | Posted by Tor at 2018-07-21 07:41 PM | Reply

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Sued for causing a death, on the other hand, is a different story.

So, what is that story other than he is immune from civil liability? If he is nevertheless sued to overcome that immunity and the plaintiff loses then the plaintiff is liable for the defendant's legal fees, costs, loss of income and expenses in defense of that suit.

#11 | Posted by et_al at 2018-07-21 07:50 PM | Reply

You should never put your hands on people. I dont think the guy should have shot him, but one never knows how they felt at the time.
But I do think it was right that the person who fired the shot shouldnt be charged.
Sued for causing a death, on the other hand, is a different story.

POSTED BY BOAZ AT 2018-07-21 07:28 PM | REPLY

It feeds your madmax fantasies doesn't it hmmmmmmmmmmmmmmmmmmmmmmmm???

#12 | Posted by LauraMohr at 2018-07-21 08:26 PM | Reply

A guy gets dumped on his butt and this deserves a death penalty?

That Florida ( and other states ) have laws that permit this type of cowardly killing is a disgrace. It is a sign of a deep cancer in American society that so many hold human life to have so little value.

#13 | Posted by Foreigner at 2018-07-21 09:02 PM | Reply | Newsworthy 2

I could've killed my parents with this logic.

#14 | Posted by bruceaz at 2018-07-21 09:14 PM | Reply | Newsworthy 1

Someone got to whip out his pistola and actually shoot some unarmed person and will likely get away with it... so SITZBATH is happy.

#15 | Posted by Corky at 2018-07-21 09:15 PM | Reply

Republicans in states like FL passed ill-conceived NRA-financed SYG laws that local police and prosecutors don't want to fight because they lose these cases.

#2 | POSTED BY CORKY

There's valid reasons for SYG laws.

The problem is misapplication by idiot defense lawyers or prosecutors.

#16 | Posted by jpw at 2018-07-21 11:08 PM | Reply

"There's valid reasons for SYG laws."

Such as?

#17 | Posted by DirkStruan at 2018-07-21 11:16 PM | Reply

It feeds your madmax fantasies doesn't it hmmmmmmmmmmmmmmmmmmmmmmmm???

No, it puts people in their place. You just dont go around pushing people.

#18 | Posted by boaz at 2018-07-21 11:32 PM | Reply

Such as?

#17 | Posted by DirkStruan

Do people have a right to not be touched in public? Do they have a right to defend themselves from being touched in public?

#19 | Posted by boaz at 2018-07-21 11:34 PM | Reply

And yes, this gentleman did have a right to defend himself, even if the guy had turned his back. If he had pushed the guy down once, he would have done it again. The pusher had the upperhand and the guy who got pushed was helpless. You shouldnt have to feel helpless in our society.

God created man, Smith and Wesson made them equal.

#20 | Posted by boaz at 2018-07-21 11:36 PM | Reply

Grabbem by the -----

#21 | Posted by bruceaz at 2018-07-21 11:40 PM | Reply

Such as?

Flaws in the doctrine of retreat that result in the prosecution of persons defending themselves because the police, prosecutors or a judge or jury decides they didn't retreat enough.

#22 | Posted by et_al at 2018-07-21 11:57 PM | Reply

Flaws in the doctrine of retreat that result in the prosecution of persons defending themselves because the police, prosecutors or a judge or jury decides they didn't retreat enough.

#22 | POSTED BY ET_AL AT 2018-07-21 11:57 PM | FLAG:

That doesn't sound bad enough to make up for the harms caused by stand your ground.

#23 | Posted by DirkStruan at 2018-07-21 11:59 PM | Reply

The guy who got pushed down was helpless.

Really, you get yourself up and dust yourself off, right soldier. All these nra folks, I showed him my gun and it was over.

Love my .357, you can see the hollow points with the rod in the middle .

#24 | Posted by bruceaz at 2018-07-22 12:04 AM | Reply

That doesn't sound bad enough to make up for the harms caused by stand your ground.

If you were the one sitting in prison for defending yourself you just might change your tune.

See also Blackstone's formulation.

BTW what are those harms? An aggressor gets neutralized? Sorry, the world's smallest violin plays My Heart Bleeds for You.

#25 | Posted by et_al at 2018-07-22 12:30 AM | Reply

What would you do if someone tells you that a crazy guy is yelling at your wife outside and you go to check on her and he looks to be confrontational with her? He didn't punch him, but he did get him the hell away from his wife.

The dude was not threatened any further after the shove. He was embarrassed so he shot him.

The shooter could have ended it with the brandishing of the gun, but he murdered a man instead.

youtu.be

#26 | Posted by memyselfini at 2018-07-22 12:56 AM | Reply | Newsworthy 3

That doesn't sound bad enough to make up for the harms caused by stand your ground.

#23 | POSTED BY DIRKSTRUAN

In theory, it gives those who are being subjected to the threat of or to actual violence a better option to mitigate the threat to their lives.

An assailant using violence against somebody shouldn't have legal avenues to their advantage, especially when conducted within a victim's home or on their property.

The misuse of SYG seems to occur more often when people are in public places, and I'm totally OK with that discussion being had.

#27 | Posted by jpw at 2018-07-22 01:06 AM | Reply

BTW what are those harms? An aggressor gets neutralized?
POSTED BY ET_AL AT 2018-07-22 12:30 AM | REPLY

Your lack of compassion and respect for life is noted. Enjoy your school shooting a week, you damned savage.

#28 | Posted by DirkStruan at 2018-07-22 01:37 AM | Reply | Newsworthy 1

#28

Are you capable of discussion without being a nasty a**ed b***h?

You have compassion and respect for a criminal aggressor. I have compassion and respect for the aggressee. So FO, foreign interloper b***h.

#29 | Posted by et_al at 2018-07-22 02:19 AM | Reply

Your lack of compassion and respect for life is noted. Enjoy your school shooting a week, you damned savage.

#28 | POSTED BY DIRKSTRUAN

My God you're such a tool.

#30 | Posted by jpw at 2018-07-22 02:50 AM | Reply

I generally don't pack heat. I do not put my hands on other people. I'm too old to fight and too slow to run, I might not carry, but my girl friend does. She is more apt to use her fire arm than I ever would be. Never try to bully a stranger. It's like turning over rocks. Sometimes you find a rattler.

#31 | Posted by docnjo at 2018-07-22 08:02 AM | Reply

No, it puts people in their place. You just dont go around pushing people.

POSTED BY BOAZ AT 2018-07-21 11:32 PM | REPLY

And you don't go sticking your nose in where it doesn't belong.

#32 | Posted by LauraMohr at 2018-07-22 08:18 AM | Reply

And yes, this gentleman did have a right to defend himself, even if the guy had turned his back. If he had pushed the guy down once, he would have done it again. The pusher had the upperhand and the guy who got pushed was helpless. You shouldnt have to feel helpless in our society.
God created man, Smith and Wesson made them equal.

#20 | POSTED BY BOAZ AT 2018-07-21 11:36 PM | REPLY | FLAG

You God Damned ignorant twit. God made man SAMUEL COLT made them equal. It's sad that a liberal trans girl has to teach you oh so tough guy gun history.

#33 | Posted by LauraMohr at 2018-07-22 08:25 AM | Reply

BTW The guy who got pushed shouldn't have invaded the one guy's personal space. Your sad logic is duly noted Boaz.

#34 | Posted by LauraMohr at 2018-07-22 08:52 AM | Reply

"You have compassion and respect for a criminal aggressor. I have compassion and respect for the aggressee."

Which is why you support measures that make the escalation to lethal violence easier and impossible to punish. Got it. You have a damned perverse notion of "compassion." But hey, you will get the sort of society you deserve, while the civilized world looks on in horrified non-comprehension. It is just a shame that other people have to live (and, more to the point, die) in it with savages like you.

#35 | Posted by DirkStruan at 2018-07-22 01:37 PM | Reply

"So FO, foreign interloper b***h."

Wow. That seems a bit threatening. Better not try that in person or someone might just "stand their ground" against you. I'm sure you'd congratulate them as you bled out on the pavement.

#36 | Posted by DirkStruan at 2018-07-22 01:39 PM | Reply

What a sad state of affairs that we justify a person getting shot to death with "well, he pushed that guy, so he deserved it." Welcome again to the wild west. More guns made everyone safer, right?

Florida, you shove somebody, you deserve to be killed.
No thanks, I don't want to visit such a state.

#37 | Posted by e1g1 at 2018-07-22 02:16 PM | Reply | Newsworthy 3

#37 | Posted by e1g1 Do Texas a favor and don't come here ether. We lead the nation in the use of lawful deadly force and are proud of that fact. Soyboys are not wanted here.

#38 | Posted by docnjo at 2018-07-22 06:32 PM | Reply

The shooter could have ended it with the brandishing of the gun, but he murdered a man instead.

You dont pull a weapon unless you intend to use it.

No thanks, I don't want to visit such a state.

Good, then dont.

BTW The guy who got pushed shouldn't have invaded the one guy's personal space.

Invaded his space? WTF are you talking about? He assaulted someone you idiot. When you confront someone, expect to be confronted back.

#39 | Posted by boaz at 2018-07-22 06:34 PM | Reply

We all know this guy...

He was kinda big for grade school but soon learned that he could get his way by simply pushing everyone around. In high school he soon became the school bully and joined the football team. He learned that he could sucker punch his way around and it was OK because he was on the football team and pushing others into lockers or slapping them around a bit was fun.

When he graduated, he got his first job were he soon learned he could still bully his co-workers and even his boss.

It WAS a great life...but when he tried to commit assault and battery on a a rather small stranger in a parking lot,
the little stranger knew both the law AND was well armed...

This bully's lifetime of good luck... had suddenly ran out... that afternoon.

#40 | Posted by Pegasus at 2018-07-22 06:41 PM | Reply | Newsworthy 2

Punk cowards need to carry guns.

MAGA

#41 | Posted by getoffmedz at 2018-07-22 06:47 PM | Reply

#41 | Posted by getoffmedz, Nope, women, the elderly and those of small stature need to carry fire arms. Criminals want the targets that offer the least threat of reprisal . Those are the true cowards.

#42 | Posted by docnjo at 2018-07-22 07:00 PM | Reply

The question is why wasn't he charged and here is the answer....

FIREARMS LEGAL DEFENSE PROGRAM - US LAW SHIELD OFFERS:

24/7 Emergency access to their in house attorneys
Comprehensive legal defense, for both criminal and civil cases, if you ever use your firearm for defensive purposes

WHY IS US LAW SHIELD DIFFERENT FROM OTHER PROGRAMS?

No deductibles
No caps or limits on the amount of time dedicated to you by our attorneys.
Not a reimbursement program (no out of pocket fees for attorneys)

ALL THIS COVERAGE FOR ONLY $10.95 PER MONTH! IF YOU HAVE A GUN US LAW SHIELD JUST MAKES SENSE.

Simply go to the US Law Shield web site at www.uslawshield.com and select Florida

Punk cowards need to carry guns.
We also have money and lawyers...

The moral of the story is don't go hassling strangers

#43 | Posted by Pegasus at 2018-07-22 07:06 PM | Reply

"We lead the nation in the use of lawful deadly force and are proud of that fact."

Disgusting. Go live in the woods: you aren't fit for civilization.

#44 | Posted by DirkStruan at 2018-07-22 07:20 PM | Reply

"The moral of the story is don't go hassling strangers
#43 | POSTED BY PEGASUS AT 2018-07-22 07:06 PM | FLAG: "

But isn't that exactly what the shooter did?

The dead guy, or his girlfriend, parked in a handicap parking bay - not right but not an offense carrying an immediate death sentence.

From the video the shooter clearly choses to object to where they have parked and approaches the vehicle and argues with the woman. He has initiated the hassling, to use your terminology. The dead guy sees his girlfriend being verbally attacked, leaves the store and pushes the guy away, hard enough to put him on his butt. Under the stand your ground law, is the dead guy not entitled to defend his woman and his vehicle?

Would the shooter have initiated conflict if he was not carrying a gun? Did he not know that his action could result in him using his gun? Punk coward, again to use your terminology, may well be an apt description of the shooter, or maybe he genuinely feared for his life. None of us know.

But I do know that a law which prevents the shooter from having to convince a jury of his peers that what he did was appropriate under all the circumstances, is either a bad law, or a good law badly applied.

#45 | Posted by Foreigner at 2018-07-22 07:30 PM | Reply

The dead guy sees his girlfriend being verbally attacked, leaves the store and pushes the guy away, hard enough to put him on his butt. Under the stand your ground law, is the dead guy not entitled to defend his woman and his vehicle?

... pushes the guy away, hard enough to put him on his but... that's where he made his mistake... this is a crime called Battery... by touching the shooter he initialized what old law books used to call presumed combat. Now the shooter can say he did not know the state of the mind of the dead guy and assumed he was in a fight to the death hence the use of deadly force is justified.

The dead guy could have just talked to the guy. He could have called 911 for help or just got in his car and drive away. But instead he RAN toward his shooter and behaved in a aggressive manner.

What would happen if you pushed a policeman away, hard enough to put him on his butt?? Same thing.

There is an old law adage... if your gonna get into a fight - first find witnesses and then let the other guy throw the first punch.

#46 | Posted by Pegasus at 2018-07-22 08:01 PM | Reply | Newsworthy 1

is the dead guy not entitled to defend his woman and his vehicle?

Was the woman pushed? Was she punched?

And were they in the wrong? Maybe if they hadnt parked in a space reserved for those people who cant walk, this wouldnt have started at all.

#47 | Posted by boaz at 2018-07-22 08:09 PM | Reply

- What would happen if you pushed a policeman away, hard enough to put him on his butt?? Same thing.

No, the cop would be charged with murder... unless you were black, then he would get a raise and a medal.

- Did he not know that his action could result in him using his gun?

Of course he did. NRA Marketing says that, "If you don't use it, you lose it!".

Shooting someone who shoves you is what we used to call ----------- in Texas. (I just want to see if that word is in auto delete}

#48 | Posted by Corky at 2018-07-22 08:11 PM | Reply

- if they hadnt parked in a space

Obviously a firing vigilante firing squad offence.

#49 | Posted by Corky at 2018-07-22 08:12 PM | Reply

Worrying part of the footage is the shoving jerk wasn't reaching for a weapon or coming at the shooter a second time.

Had the wanta be gun slinger simply kept his gun pointed he would have been safe from further assault while the cops were called.

He instead decided to kill the jerk and it looks like he did it out of retaliation rather than defense.

#50 | Posted by Tor at 2018-07-22 08:27 PM | Reply | Newsworthy 1

You dont pull a weapon unless you intend to use it.

Actually, pointing it at someone and saying "go away or I'll shoot you" qualifies as "using it".

#51 | Posted by REDIAL at 2018-07-22 08:38 PM | Reply | Newsworthy 1

All good points except for the last part which is calling for a conclusion not in evidence...

Worrying part of the footage is the shoving jerk wasn't reaching for a weapon or coming at the shooter a second time.

Had the wanta be gun slinger simply kept his gun pointed he would have been safe from further assault while the cops were called.

He instead decided to kill the jerk and it looks like he did it out of retaliation rather than defense.

All possibly true... still the law is the law... one guy knew enough of the law to stay just inside the lines. He is alive and free.

,,,and the other guy is just dead. Life is nether fair nor just.

#52 | Posted by Pegasus at 2018-07-22 08:46 PM | Reply

Also wanted to post... part of this law and one in Texas is that you CAN use deadly force to stop a commission of a crime such as theft. Interestingly they did not put a dollar amount (at least in Texas not sure about Florida).

So I'm thinking it could be legal to use deadly force if someone is trying to steal your red MAGA hat.

Imagine dying over a $4.50 red hat you can buy on ebay...

Kids... the cool thing is to steal a Maga hat from old people and run away... this might have a sad ending one of these days...

#53 | Posted by Pegasus at 2018-07-22 08:58 PM | Reply

... part of this law and one in Texas is that you CAN use deadly force to stop a commission of a crime such as theft. Interestingly they did not put a dollar amount (at least in Texas not sure about Florida).

So I'm thinking it could be legal to use deadly force if someone is trying to steal your red MAGA hat.

NO! Quit "thinking" and read the law before you end up in jail.

codes.findlaw.com

www.flsenate.gov

#54 | Posted by et_al at 2018-07-22 09:19 PM | Reply

#46 - If Florida's stand your ground law permits someone to shoot and kill another human in defense, but does not allow pushing someone in defense, then something is wrong.

You have still to explain why the SYG law was not available to the dead man; the whole purpose of the law is that threatened individuals do not have to retreat, so why should the dead guy do any of the things you suggest in your third paragraph?.

The dead guy knew nothing of the intention of the shooter when he saw him arguing with his woman. For all anyone knows, he could have feared for the life of his woman and he certainly did not know the intentions of the shooter, which included shooting him dead within a few seconds. He actually had cause to fear for his life. Is such fear not part of the requirement to invoke SYG?

#47 - Are you suggesting that if someone was berating our woman in an aggressive manner and you had no idea of the person's intentions, you would wait until your woman had been physically assaulted before intervening? Unless you can honestly answer this question " yes " I'm at a loss to understand your point.

As for your suggestion that the shooting was somehow justified because of where they parked, all I can say is - really?

You both have no issue with taking a human life when doing so was clearly avoidable based on the video. As I said earlier, this is a cancer eating at the heart of American society and it is reflected in your distain for the value of a human life .

#55 | Posted by Foreigner at 2018-07-22 09:24 PM | Reply

As everybody here knows, I'm a big gun rights person. This guy needs to be arrested, charged, and have a jury decide. Brandishing the weapon should have been sufficient to stop further assault.

#56 | Posted by willowby at 2018-07-22 09:32 PM | Reply | Newsworthy 2

You have still to explain why the SYG law was not available to the dead man ...

776.012 Use of force in defense of person. -- A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. www.flsenate.gov
Without more, such as audio, it does not appear the shooter was an imminent threat to use unlawful force against the wife.

#57 | Posted by et_al at 2018-07-22 09:49 PM | Reply

#57 - Thank you for the info.

The fact is that we do not know whether the dead guy " reasonably believed " that there was an imminent threat of unlawful force against his woman. The shooter is outside of the vehicle, but as you say, who knows what was being said, or how aggressively?

Nor can we tell from the video whether there was any additional threat by the dead guy against the shooter once he's on the ground. We do not know whether the shooter had reasonable cause to fear for his life. What we do know is he shot and killed a man who was some distance from him and for that he should be judged in court, not simply released from all responsibility under the suspect application of SYG.

#58 | Posted by Foreigner at 2018-07-22 10:19 PM | Reply | Newsworthy 1

The fact is that we do not know ...

We don't but presumably the investigators do. As the Sheriff, who is also a lawyer, said, he doesn't have enough to carry his burden of proof. The file has been forwarded to prosecutors for review. Maybe they will think otherwise.

#59 | Posted by et_al at 2018-07-22 10:42 PM | Reply

I don't see how Florida's Stand Your Ground statute even applies in this situation. It reads:

A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use...Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
The statute goes on to define "dwelling" and "residence:"
"Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

"Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

In other words, SYG applied in your home. How on earth would the above apply to the parking lot of a convenience store?

#60 | Posted by JOE at 2018-07-22 10:44 PM | Reply | Newsworthy 1

#60 | Posted by JOE

See 776.013(3).

A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
What your reading is "Castle Doctrine."

#61 | Posted by et_al at 2018-07-22 10:56 PM | Reply | Newsworthy 1

Thanks. I thought there must be something else. Seems to me there is enough in this video to at least bring charges and let a jury sort it out, instead of the sort of ironclad evidence I'd like to see for a sheriff to unilaterally decide not to charge. The assailant isn't all that close to the shooter. Seems like just pointing the gun may have been enough.

#62 | Posted by JOE at 2018-07-22 11:01 PM | Reply

#62

Read further into the statutes, 776.032. He's immune from prosecution unless law enforcement has probable cause to believe the shooting was unlawful. The Sheriff, also a lawyer, didn't think he had enough to make that call. Prosecutors might.

#63 | Posted by et_al at 2018-07-22 11:30 PM | Reply

- Prosecutors might.

Even here in FL they might in this particular case, even thought they've been burned with long drawn out expensive trials because of vague political laws written by the NRA.

#64 | Posted by Corky at 2018-07-22 11:34 PM | Reply

Drejka Drejka pudding and pie.
Took on a women......

But when the boy came out to play

Drejka Drejka turned into a ****ing coward.

#65 | Posted by bruceaz at 2018-07-23 12:08 AM | Reply

Which is why you support measures that make the escalation to lethal violence easier and impossible to punish. Got it.

If it means protecting oneself and their family, good.

Based on your postings and extreme naïveté suggests you're rather young. What are you, about 24? 25?

#66 | Posted by jpw at 2018-07-23 01:16 AM | Reply

Soyboys are not wanted here.

#38 | POSTED BY DOCNJO

Oh please.

I lived in Texas for six years and most of the machismo is transparently fake.

#67 | Posted by jpw at 2018-07-23 01:18 AM | Reply

But I do know that a law which prevents the shooter from having to convince a jury of his peers that what he did was appropriate under all the circumstances, is either a bad law, or a good law badly applied.

#45 | POSTED BY FOREIGNER

Best post of the thread.

#68 | Posted by jpw at 2018-07-23 01:25 AM | Reply

What would happen if you pushed a policeman away, hard enough to put him on his butt?? Same thing.
There is an old law adage... if your gonna get into a fight - first find witnesses and then let the other guy throw the first punch.
#46 | POSTED BY PEGASUS

You're a jackass (as if that wasn't already known).

Please tell me you don't carry a gun.

#69 | Posted by jpw at 2018-07-23 01:27 AM | Reply

As everybody here knows, I'm a big gun rights person. This guy needs to be arrested, charged, and have a jury decide. Brandishing the weapon should have been sufficient to stop further assault.

#56 | POSTED BY WILLOWY

NW

#70 | Posted by jpw at 2018-07-23 01:38 AM | Reply

"In other words, SYG applied in your home. How on earth would the above apply to the parking lot of a convenience store?"

Joe makes a pretty strong point.

#71 | Posted by danni at 2018-07-23 08:48 AM | Reply

Seems like just pointing the gun may have been enough.

#62 | POSTED BY JOE AT 2018-07-22 11:01 PM | REPLY

You don't point a gun at somebody unless you intend to shoot them.

I would suggest taking a quality CHL class. You don't have to carry, but education helps.

#72 | Posted by sitzkrieg at 2018-07-23 08:57 AM | Reply | Newsworthy 1

#72,

"Brandishing a gun", you have passed the point of no return.

And I do agree, this gentleman should go in front of a court of law.

#73 | Posted by boaz at 2018-07-23 09:30 AM | Reply

I also noticed some news outlets are trying to make this a racial issue.

#74 | Posted by boaz at 2018-07-23 09:34 AM | Reply

"You don't point a gun at somebody unless you intend to shoot them.

#72 | POSTED BY SITZKRIEG AT 2018-07-23 08:57 AM | FLAG: | NEWSWORTHY 1"

I'm struggling with this point as stated.

I just googled " US policemen holding a gun" and got many images of policemen holding a gun on someone which was not fired. The obvious point is that having a gun pointed at you is intimidating and strongly suggests you comply with any orders that follow. I'm sure I could google " US man holding gun" and get the same result.

Maybe you meant that you should not point a gun at someone unless you are prepared to fire if necessary, which of course allows for not firing if the intimidation factor works. And this was the original poster's point.

#75 | Posted by Foreigner at 2018-07-23 11:38 AM | Reply | Newsworthy 1

= "Brandishing a gun", you have passed the point of no return.

Just more NRA propaganda.

"First of all, for police and civilians alike, the only justification for using deadly force against another person is an overwhelming need to stop that person from what he is doing or is about to do. The need must be so great that it does not matter if the person dies as a result of being stopped.

The difference in brandishing and drawing your weapon is your ability to recognize and articulate that the threat of serious bodily injury or death was real.

If one correctly perceives an imminent threat of serious bodily injury or death to himself or another innocent victim, drawing the handgun is most likely justified, and will not be viewed as brandishing.

If the sight of the handgun makes the aggressor stop and give up, or he runs away, the imminent threat has disappeared and shooting would normally not be justifiable."

Smokey Merkley was raised in Idaho and has been hunting since he was 10 years old. He was a member of the faculty of Texas A&M University for 25 years. There he taught orienteering, marksmanship, self-defense, fencing, scuba diving and boxing. He was among the first DPS-certified Texas Concealed Handgun Instructors. He can be contacted at mokeydo41245@hotmail.com.

idahostatejournal.com

Even some gun divas know that the sight of the handgun can make the aggressor stop and give up, or he runs away. And it's not 'brandishing'.

#76 | Posted by Corky at 2018-07-23 11:54 AM | Reply

Maybe you meant

#75 | POSTED BY FOREIGNER AT 2018-07-23 11:38 AM | REPLY

I meant exactly what I said. Go to a CHL class, see what they teach for yourself.

#77 | Posted by sitzkrieg at 2018-07-23 11:54 AM | Reply | Funny: 1

I just googled " US policemen holding a gun"

#75 | POSTED BY FOREIGNER AT 2018-07-23 11:38 AM | FLAG:

Google "police warning shots" while you are at it.

Those went away for a reason, but are poised to make an unfortunate comeback.

#78 | Posted by sitzkrieg at 2018-07-23 12:05 PM | Reply

I'm still amazed the law has been butchered this much. When it was passed, there were obviously things that couldn't be accounted for such as what happened in the Trayvon case. Based on what was said by George, he had a write to shoot Trayvon regardless if George was the ignorant aggressor. But in this situation, the guy shoved him down and didn't follow up. That's not stand your ground. He did enough by pulling the gun to warn the guy. Had the guy kept coming then sure. But he didn't. The law has gotten more and more bastardized because of our judicial system. Which, regardless if you want to believe it or not, has nothing to do with the NRA, Reps, Dems, etc. It has to do with the individual judge presiding over the case and past case outcomes.

#79 | Posted by humtake at 2018-07-23 12:29 PM | Reply

#77 - Here is an article dealing with drawing a gun and not firing:

gunbelts.com

It has a section headed " Drawing a gun sometimes resolves a situation".

It's concluding statement is:

"In any case, a draw may be all that's required to end an engagement. That said, one had better be as sure as possible before pulling that the threat is real."

#80 | Posted by Foreigner at 2018-07-23 12:33 PM | Reply | Newsworthy 1

#80 i meant nw, not funny

Funny is Sitzbath the gun diva expert compared to a real expert.

#81 | Posted by Corky at 2018-07-23 12:46 PM | Reply

You don't point a gun at somebody unless you intend to shoot them.

So why do policemen point guns at people to get them to do things? Are you just going to pretend this middle ground between not drawing and shooting doesn't exist?

#82 | Posted by JOE at 2018-07-23 01:17 PM | Reply

I looked for arrest records for both parties in Fla. "Drejka" had no hits.
"Markeis McGlockton" turned up here (not that the shooter would have known any of this, unless it's a very small community):

florida.arrests.org

#83 | Posted by Karabekian at 2018-07-23 01:18 PM | Reply

I couldn't care less about the scumbag that got killed.
I do care that a guy thought it appropriate to shoot a guy after a violent shove, considering he wasn't coming back for more.

Most importantly, I hope they wrote a ticket for parking in the handicap spot.

#84 | Posted by 101Chairborne at 2018-07-23 01:47 PM | Reply

So why do policemen point guns at people to get them to do things? Are you just going to pretend this middle ground between not drawing and shooting doesn't exist?

#82 | POSTED BY JOE AT 2018-07-23 01:17 PM | REPLY

There is a middle ground between drawing and shooting.

Police accidentally shoot people because they're not at that middle ground and pointing it at people instead.

#85 | Posted by sitzkrieg at 2018-07-23 01:53 PM | Reply

#80 | POSTED BY FOREIGNER AT 2018-07-23 12:33 PM | FLAG:

Search for "pistol ready position". Those are so you can draw without pointing it at anybody. After that, walk away from google and go to a CHL class.

#86 | Posted by sitzkrieg at 2018-07-23 02:10 PM | Reply

#37 | Posted by e1g1 Do Texas a favor and don't come here ether. We lead the nation in the use of lawful deadly force and are proud of that fact. Soyboys are not wanted here.
#38 | POSTED BY DOCNJO AT 2018-07-22 06:32 PM

TOO LATE. I've lived here for many, many years.
LOOK OUT! I'm right behind you now. Better pull out your SigSauer 516 and kill me for invading your Snowflake Space.

#87 | Posted by e1g1 at 2018-07-23 03:02 PM | Reply | Newsworthy 1

If you can, check out the story on Yahoo. The version that the girlfriend gave of what happened is TOTALLY different from what the video shows. I dont think anyone is really buying her story either.

#88 | Posted by boaz at 2018-07-23 04:21 PM | Reply

Parking lot pusher found out the hard way to keep your hands to yourself. Guns make for a polite society.

#89 | Posted by byrdman at 2018-07-23 07:44 PM | Reply

Guns make for a polite society.

#89 | POSTED BY BYRDMAN AT 2018-07-23 07:44 PM | FLAG:

In what social circles, pray, is gunfire considered polite?

#90 | Posted by DirkStruan at 2018-07-23 07:52 PM | Reply

It's so polite of those blacks in Chicago to mostly kill other blacks with their guns and not kill us whites.

#91 | Posted by snoofy at 2018-07-23 08:51 PM | Reply

In what social circles, pray, is gunfire considered polite?

#90 | POSTED BY DIRKSTRUAN AT 2018-07-23 07:52 PM

In my shooting club it's considered very polite. That guy had no right to shove him. Would I have blasted him ? No but I wouldn't shove somebody else unless I absolutely had to. Like they were assaulting my family. Judging by that guys arrest record he was a thug who wasn't a stranger to violence and it caught up to him. I like the fact that I can keep a small .380 in my pocket in case I ever need it.

#92 | Posted by byrdman at 2018-07-23 09:19 PM | Reply

"In my shooting club it's considered very polite."

Stick to your club then, and don't go elsewhere.

#93 | Posted by snoofy at 2018-07-24 01:43 AM | Reply

"That guy had no right to shove him."

Good. Go wait for people to shove you. Be the hero.

#94 | Posted by snoofy at 2018-07-24 01:43 AM | Reply | Funny: 1

"I like the fact that I can keep a small .380 in my pocket in case I ever need it."

Like when you want to kill somebody. We get it.

#95 | Posted by snoofy at 2018-07-24 01:46 AM | Reply

When you have a confrontation, call SNOOFY. We get it.

#96 | Posted by Greatamerican at 2018-07-24 03:20 AM | Reply

When you go looking for a confrontation on your Medicaid scooter, please upload the GoPro video for all to see.

#97 | Posted by snoofy at 2018-07-24 03:06 PM | Reply

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