Archive for the ‘Stand Your Ground Law’ Category

Five times Floridas stand your ground law sparked …

Floridas controversial self-defense law is in the news again.

The killing of Markeis McGlockton, a 28-year-old who was shot by another man after the two argued over a parking space on Thursday, is just the most recent in a long succession of controversies over the law commonly known as "stand your ground." Pinellas County Sheriff Bob Gualtieri announced his office wouldnt charge McGlocktons killer, 47-year-old Michael Drejka, on Friday.

Heres a look back into the Tampa Bay Times archive for five times "stand your ground," which exempts from prosecution those who use deadly force to protect themselves if they fear for their lives, has made news.

From the archives: Stand your ground law protects those who go far beyond that point

1. The 2012 death of Trayvon Martin

In perhaps the most famous "stand your ground" case ever, George Zimmerman was acquitted of second-degree murder and manslaughter after killing Trayvon Martin, an unarmed black teenager.

BACK STORY: George Zimmerman found not guilty in Trayvon Martins death.

On Feb. 26, 2012, Zimmerman called the police on Martin, who was walking through his neighborhood, because he suspected Martin may have been connected to a string of local burglaries. Martin, who noticed Zimmerman following him, began to run away from the neighborhood watch volunteer. Police told Zimmerman he didnt have to pursue Martin, but Zimmerman did anyway, according to contemporaneous news media reports

of the 911 call placed by Zimmerman. The two eventually got into an altercation which left Martin dead.

Zimmerman was arrested and charged with second-degree murder and manslaughter. He claimed self defense under Floridas broad "stand your ground" law, citing injuries he sustained during the confrontation, and in 2013, he was acquitted. Martins death and Zimmermans acquittal sparked national protests and helped give rise to the national Black Lives Matter movement.

2. The 2014 Pasco County movie theater shooting

On Jan. 13, 2014, Curtis Reeves, a retired Tampa police captain took exception to a fellow moviegoers cell phone use during previews at a Wesley Chapel movie theater. He asked the man, Chad Oulson, to turn off the phone, and the two began to argue. Oulson threw a bag of popcorn at Reeves. Reeves responded by shooting Oulson in the chest, killing him.

BACK STORY: Appeals court denies challenge to stand your ground ruling in Pasco theater shooting.

Reeves has tried to claim self defense under the "stand your ground" law, but he has thus far been unsuccessful. In May, an appeals court denied his challenge to a 2017 ruling that he was not exempt from prosecution under the law. A trial date for Reeves has been set for Feb. 25, 2019. However, it is unknown to what extent recent changes to the "stand your ground law" passed by the Florida Legislature could affect Reeves case.

MORE ON THE CHANGE HERE: Florida lawmakers changed stand your ground law. Chaos followed.

3. The case that started it all in 2004

Florida lawmakers cited the case of James Workman, 77, when they called for a change to existing criminal law in 2004. Workman shot and killed Rodney Cox, 35, after Cox entered his home in the middle of the night of Nov. 2. Legislators bemoaned the fact that Workman had to spend almost three months in legal purgatory before authorities announced he would not be charged in Coxs killing.

"Youre entitled to protect your castle," Durell Peaden, a Republican state senator who sponsored the "stand your ground" law, said in 2005. "Why should you have to hire a lawyer to say, This guy is innocent?"

However, as a 2012 Tampa Bay Times story notes, the facts of the case were not as simple as lawmakers presented them. Workman never hired a lawyer. Cox did not interact with Workman until after Workman walked outside to confront the man lurking in his yard. And it was only after Workman fired a warning shot into the ground that Cox, who was likely intoxicated at the time of the incident, entered Workmans home, per the 2012 story.

BACK STORY: Floridas stand your ground law was born of 2004 case, but story has been distorted.

According to that story, the Workmans felt conflicted about the National Rifle Association-backed law their case spawned. "We didnt ask for any of this," Workmans wife, Kathryn, told the Times. And Workman said in 2005 he was "kind of in favor of" the law, but he "can see some pitfalls if you make it too loose.

4. Tampa man kills father of three in 2015; calls stand your ground hotline

In the early hours of Sept. 19, 2015, Nick Julian IV made two important phone calls. The first was a 911 call to report that he had shot an unarmed man who he claimed attacked him. The second was to the U.S. Concealed Carry Association, which at the time offered inexpensive legal counsel for members who found themselves in Julians predicament.

Julian, 26, had been arguing with Carlos Garcia, 37, for several minutes because of the loud music coming from Garcias car. Julian confronted Garcia about the music several times, and eventually the incident became violent. According to the shooters father, Garcia chased after Julian before Julian shot him.

"He came at me with something. I dont know what it was because it was dark, but I started to go towards my door, once he got me towards my screen door, I just, I had no choice, I, Im on my property" Julian told a police dispatcher in a 911 call.

BACK STORY: Tampa man shoots father of three, then calls stand your ground hotline.

Two months after the shooting, Hillsborough County State Attorney Mark Ober said he would not press charges against Julian.

5. Thursday.

Markeis McGlockton, 28, had exited a car parked in a handicap spot outside the Circle A Food Store on Sunset Point Road near Clearwater. He went into the story to buy chips and drinks, leaving his girlfriend and two of their children, ages four months and three years, in the car. He took his 5-year-old with him into the store.

THE LATEST CASE: No arrest in fatal shooting during argument over handicap parking space.

Michael Drejka, 47, a man with a reported history of taking exception to illegal parking at that store, confronted McGlocktons girlfriend, Britany Jacobs, after searching the outside of the car for proof that it could occupy a handicapped space.

A video taken of the incident showed McGlockton exiting the store and shoving Drejka to the ground. Drejka then pulled out a handgun and shot McGlockton in the chest. He owned the gun legally and had a concealed carry permit, Gualtieri said.

Friday, the sheriff announced Drejkas actions met the legal definition of self defense.

Times staff writer Kirby Wilson can be reached at [emailprotected] Follow @KirbyWTweets.

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Five times Floridas stand your ground law sparked ...

Stand your ground law protects shooter in deadly fight over …

An argument over a handicapped parking spot at a convenience store in Florida led to a fatal shooting and the man who pulled the trigger wont be arrested under the states stand your ground self-defense law, authorities said.

Pinellas County Sheriff Bob Gualtieri told reporters during a Friday press conference that Thursdays shooting death of Markeis McGlockton, a 28-year-old father of three, is within the bookends of stand your ground and within the bookends of force being justified, the Tampa Bay Times reports.

Im not saying I agree with it, but I dont make that call, Gualtieri told reporters, adding that his agency will now forward the case to the State Attorneys Office for a final decision.

Surveillance video obtained by The Post shows McGlockton walking up to Michael Drejka, 47, who was arguing with McGlocktons girlfriend, Britany Jacobs, 24, over a handicapped parking spot at the Circle A Food store on Sunset Point Road in Clearwater on Thursday.

Detectives from the sheriffs office said Jacobs had parked her 2016 Chrysler 2000 in a handicapped spot without a permit, leading to the argument with Drejka that prompted a witness to alert a clerk inside.

Thats when McGlockton, who is black, exited the store and approached Drejka, shoving him violently to the ground with both hands, surveillance video shows. While still on the ground, Drejka, who is white, then pulled out a gun and shot McGlockton, firing a single round that struck him in the chest, deputies said.

The young father then staggered back into the store and collapsed in front of the couples 5-year-old son, who is named after McGlockton, Jacobs told the Tampa Bay Times. He was pronounced dead a short time later.

Hes not too good, Jacobs said of the boy. It comes and goes, but he knows [McGlockton] is dead.

Prior to Gualtieris announcement Friday, Jacobs told the newspaper that McGlockton died from a wrongful death as a result of Drejkas actions.

Its a wrongful death, she told the newspaper earlier Friday. Its messed up. Markeis is a good man He was just protecting us, you know? And it hurts so bad.

The couple had been together since 2009 after meeting at Dunedin High School, Jacobs said. The certified nursing assistant told the newspaper she parked in the handicap spot because the parking lot was packed. Surveillance video, however, showed several open parking spaces in front of the store prior to the deadly shooting.

The couples two other children a 4-month-old and a 3-year-old were inside the car with Jacobs, she said. She is now in the process of hiring a lawyer to determine her options and next move, she told the Tampa Bay Times, adding that she wants justice on McGlocktons behalf.

Hes getting out like hes a police officer or something, and hes approaching me, she said. I minded my own business I didnt do anything wrong.

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Stand your ground law protects shooter in deadly fight over ...

Stand Your Ground Law Protects Shooter In Fatal Fight Over …

A Florida man who fatally shot a father of three in an argument overparking spacewill not be arrested, because of the states stand your ground law, which protects people who act in self-defense.

Surveillance video of the incident shows Michael Drejka, 47, fatally shooting Markeis McGlockton, 28,in the chest, during a tussle over a disabled parking spot earlier this week.

At a press conference on Friday, Pinellas County Sheriff Bob Gualtieri revealed that Drejkas actions were within the bookends of stand your ground and within the bookends of force being justified, reported The Tampa Bay Times. Im not saying I agree with it, but I dont make that call, he said, before announcing that the State Attorneys Office will make the final decision on the case.

In the footage, Drejka could be seen arguing with McGlocktons girlfriend, Britany Jacobs, 24. Authorities confirmed that the argument started after Jacobs parked her car in a disabled parking space without a permit.

McGlockton, who was inside a store when the argument broke, came back outside and shoved Drejka to the ground with both hands. Drejka then quickly pulled out a gun and shot McGlockton once in the chest.

After suffering the gunshot wound, McGlockton made his way back into the store to his and Jacobs 5-year-old son.Shortly after, he was pronounced dead. Hes not too good, Jacobs said of their son. It comes and goes, but he knows [McGlockton] is dead.

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On Friday morning, before Gualtieri revealed that the shooter was protected by Florida law, Jacobs told The Tampa Bay Times that her boyfriend was just defending his family. Its a wrongful death, she said. Its messed up. Markeis is a good man He was just protecting us, you know? And it hurts so bad.

Michael Drejka, 47, fatally shot Markeis McGlockton, 28, on Thursday over an argument about a parking space. Screenshot

Jacobs and McGlockton met at Dunedin High School and have been dating since 2009. They have three children together, the five-year-old who witnessed the incident, a four-month-old and a three-year-old.

Jacobs, who was a certified nursing assistant, said she is seeking legal representation to challenge the stand your ground law and hold Drejka accountable for his actions. Hes getting out like hes a police officer or something, and hes approaching me, she said. I minded my own business I didnt do anything wrong.

Although the mother-of-three told The Tampa Bay Times that she only parked in the disabled spot becauseno others were available, the surveillance footage showed that several other non-handicapped spots were empty at the time of the incident.

The Pinellas County Sheriffs Office did not immediately respond to Newsweeks request for comment.

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Florida Sheriff Cites Stand Your Ground in Not Arresting …

A man who shot and killed another man in Florida this week during an argument over a parking space will not be arrested or charged by the sheriffs office because of the states so-called Stand Your Ground law, the authorities said.

Britany Jacobs, 25, was sitting in a car parked in a handicapped space outside a convenience store in Clearwater, Fla., on Thursday afternoon when a man, Michael Drejka, approached her vehicle and started looking for a handicap permit, Sheriff Bob Gualtieri of Pinellas County said at a news conference on Friday. Ms. Jacobss boyfriend, Markeis McGlockton, and their 5-year-old son were in the store when Ms. Jacobs and Mr. Drejka began to yell at each other about whether she was permitted to be in that space, Sheriff Gualtieri said.

In a video recorded on a surveillance camera, Mr. McGlockton, 28, exits the Circle A Food Store, approaches Mr. Drejka and shoves him to the ground. After Mr. McGlockton takes a few steps back, Mr. Drejka, 47, pulls out a gun and shoots him once in the chest.

Mr. McGlockton then retreats back into the store, clutching his chest. He was taken to the hospital, where he was pronounced dead, Sheriff Gualtieri said.

Sheriff Gualtieri said his office did not arrest or charge Mr. Drejka, who had a concealed carry permit, because of Floridas Stand Your Ground law, which removes the obligation to retreat if a person feels threatened and frees the person to use deadly force if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm.

The law was a national flash point after the acquittal of George Zimmerman in the 2012 fatal shooting of Trayvon Martin, an unarmed black teenager. The case reignited a debate about racial profiling and just treatment under the law.

In the recent Florida case, Mr. McGlockton, who was black, backed away from Mr. Drejka, who is white, after pushing him to the ground. Sheriff Gualtieri said this brief retreat gave him pause, but Mr. Drejka told the authorities that he was in fear that he was going to be struck again.

Sheriff Gualtieri described the contact as a violent push. This wasnt a shove, this wasnt just a tap, he said at the news conference. He slammed him to the ground.

Mr. Drejka had previously complained about people parking illegally in handicapped spots, he said.

The sheriffs office will refer the case to the state attorneys office to determine whether Mr. Drejka should be charged. Sheriff Gualtieri added that by instituting this law, the Florida Legislature had created a subjective standard for determining whether the person who used force was in fear of bodily harm, but suggested that his hands were tied because his department could be sued if it failed to follow the laws requirements.

I dont make the law we enforce the law, he said. And Im going to enforce it the way its written, the way the Legislatures intended for it to be applied. And others can have the debate about whether they like it or not.

Ms. Jacobs declined an interview on Saturday after she was reached by phone. Mr. Drejka did not respond to a request for comment.

Floridas law, which was adopted in 2005, received support from the National Rifle Association but was vigorously opposed by law enforcement officers. Last year, the State Legislature made it easier to use the law as a defense by shifting the burden during immunity hearings from the defense to the prosecution to show that such laws should not apply.

The state attorney for Pinellas County, Bernie McCabe, will have to present clear and convincing evidence that Mr. Drejka was not entitled to use the Stand Your Ground law, Sheriff Gualtieri said. Mr. McCabe could not be reached on Saturday.

More than most other states, Florida has made it particularly difficult to prosecute when a defendant has a reasonable claim to self-defense, said Caroline Light, a Harvard professor and the author of a book on the history of Stand Your Ground-type self-defense laws. Professor Light said that, in the video, Mr. McGlockton appeared to be defending his family through nonlethal means.

He shoves him, seemingly in an effort to get him away from his girlfriend, and then walks away, she said. The video would suggest its actually not reasonable for him to fear for his life.

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Michigans stand-your-ground law would be repealed under …

Florida caught lots of attention after the fatal shooting of Trayvon Martin, a Florida teen. On trial for the killing is George Zimmerman who claims he acted under Floridas stand your ground law.

Michigan is among several states with laws similar to Floridas. Michigans stand your ground law was revised in 2006 by bipartisan majorities in the legislature. It was signed into law by Jennifer Granholm, who was the Democratic governor at the time.

Now, more than a dozen Democratic Michigan House members have introduced legislation to repeal the law.

Democratic Representative Tim Bledsoe sponsored House Bill 5644. I think the Trayvon Martin case really showed us the problem with having a law like stand your ground," he said.

According to Bledsoe, Michigan has another self-defense law called the Castle Doctrine, which states that a person has the right to defend themselves, their family and their property in their home.

Our effort to repeal the "stand your ground" law does not in any way affect the Castle Doctrine. But what we are seeing is that, if you are in a public place, and you are in a confrontation, and there is this opportunity for you to retreat, you must take advantage of that opportunity to retreat, said Bledsoe.

The Democratic representative said although he has not identified any case in Michigan where the "stand your ground" law has been used in self defense, he said "We see this more in terms of acting in a preemptive way to try to avoid situations like the Trayvon Martin case here in Michigan."

Rep. Bledsoe said he and others will continue to seek out public support to pressure legislators to repeal the law.

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