It's legally a good shoot, but

[MechAg94]

https://www.tampabay.com/news/publicsafety/crime/No-arrest-in-fatal-shooting-during-argument-over-handicap-parking-space_170174041

Would a physical attack be justified if the shooter had said “I’ll shoot you” or “I’ve got a gun”? Given he both brandished and threatened to shoot someone in the past both are realistic

I guess I would ask then who he would have threatened and when?  Was it the woman or the deceased?  He appeared to have not even seen the man approach before he was attacked.  Can you show the deceased heard a threat as he walked up?  Without audio, that is speculation and doesn't overcome the reasonable doubt in my mind.

As freakazoid just said, the whole thing wasn't smart, but he was legally justified.  He could have made different choices, but then the deceased could have made different choices also. 

[MechAg94]

Records show Drejka does not have a criminal history in Florida, although the Sheriff’s Office had prior contact with him in 2012 when a driver accused him of pulling a gun during a road rage incident. Drejka denied he showed the gun, and the accuser declined to press charges. McGlockton’s history included a drug conviction in 2010 and an arrest for aggravated battery a decade ago, records show, but the charge was dropped.

From DeSelby's recent link.  The shooter had a previous incident where he was a accused of showing a gun.  It doesn't say he was the aggressor either.  I think it is a stretch to claim that bears on this incident without more info.  It does say the deceased was arrested for aggravated battery which is pretty much what he did this time.

It is something to keep in mind, but I think it still not enough to negate my view that it is legal self defense. 

[Ben]

Again, with concession that the dead guy made first physical contact, after watching the video several more times, I have to confirm my thoughts that the shooter was an idiot beforehand.

Thinking about it, handicapped spot aside, if I saw some guy walking all around my vehicle checking things out, I'd be inclined to put my hand on my own gun and be ready to defend myself against a potential threat. Also, I agree with the analysis that his leaning forward posture and finger wagging indicated that he was at the very least being less than polite, and possibly aggressive. I'm thinking most of us here would be at the very least in condition yellow at that point, and ready to transition to orange.

Maybe someone is a harmless crank, but maybe they're a carjacker. How would I know? Which is why you shouldn't be circling my parked car while I'm in it. Again, with no audio we don't know for sure, but the video would certainly put me in a defensive posture if I were sitting in the car.

[Hawkmoon]

Maybe this guy who had a history of threatening to shoot people over that parking spot wasn’t so clean - what if the guy who did the shoving g heard the shooter threaten to shoot his wife? Seems realistic from what the store owner and other victims of the shooters threats had heard

I seriously doubt that any history of prior events would be allowed at trial.

[HankB]

I seriously doubt that any history of prior events would be allowed at trial.

I wonder if the dead guy had any prior police encounters . . .

[BobR]

I wonder if the dead guy had any prior police encounters . . .

McGlockton’s history included a drug conviction in 2010 and an arrest for aggravated battery a decade ago, records show, but the charge was dropped.

https://www.tampabay.com/news/publicsafety/crime/No-arrest-in-fatal-shooting-during-argument-over-handicap-parking-space_170174041

bob

[230RN]

To me, despite what a monumental jerk he was, I don't think what happened or what was said before the shove is relevant unless there's some Florida equivalent to a "fighting words" law which are relevant and put in evidence.

Not a "good" shoot, but not an illegal shoot, either.  According to the information at present and what we are told about Florida law.

I too, think he shot more than once and it looks like perhaps he was picking up ejected brass.  In any case, number of shots taken are irrelevant to the self-defense aspect unless there was damage or injury elsewhere from the extra shots.
 
Terry

[MechAg94]

To me, despite what a monumental jerk he was, I don't think what happened or what was said before the shove is relevant unless there's some Florida equivalent to a "fighting words" law which are relevant and put in evidence.

Not a "good" shoot, but not an illegal shoot, either.  According to the information at present and what we are told about Florida law.

I too, think he shot more than once and it looks like perhaps he was picking up ejected brass.  In any case, number of shots taken are irrelevant to the self-defense aspect unless there was damage or injury elsewhere from the extra shots.
 
Terry

Agreed.  Also, the guy who got shot wasn't there to hear most of the argument.  All he may have heard was the short bit as he was walking up.  Unless someone has a recording, I don't think we will know if that was relevant. 

[Hawkmoon]

To me, despite what a monumental jerk he was, I don't think what happened or what was said before the shove is relevant unless there's some Florida equivalent to a "fighting words" law which are relevant and put in evidence.

But the shooter never said a word to the assailant, and he made no attempt to touch the car or open the door, so the assailant couldn't (if he had lived) have legitimately claimed that he was "defending" his baby factory.

[zxcvbob]

Perhaps it's just like the Zimmerman/Martin incident: "When aholes Collide"  (would make a great TV movie)

[Hawkmoon]

Perhaps it's just like the Zimmerman/Martin incident: "When aholes Collide"  (would make a great TV movie)

That's the best analysis I've yet seen on this incident.

[MechAg94]

Perhaps it's just like the Zimmerman/Martin incident: "When aholes Collide"  (would make a great TV movie)

It does pay to make sure you are 1) armed and 2) on the right side of the law no matter what sort of person you are.

[De Selby]

But the shooter never said a word to the assailant, and he made no attempt to touch the car or open the door, so the assailant couldn't (if he had lived) have legitimately claimed that he was "defending" his baby factory.

Let’s get this straight:

Any comments about the shooters mind are speculative and second guessing, there’s no audio, etc, he’s a victim.

That same video yields tremendous insight into the malicious state of mind of the dead guy?

The shooter had a documented history of threatening people with a firearm over that same parking space.


Also, what makes the woman here a “baby factory”? How did you get anything out of that video on the nature of the decedent’s family life?

[Hawkmoon]

Let’s get this straight:

Any comments about the shooters mind are speculative and second guessing, there’s no audio, etc, he’s a victim.

Correct.

That same video yields tremendous insight into the malicious state of mind of the dead guy?

Yes, because he assaulted the shooter in a sneak attack, without making even a momentary attempt to figure out what was going on. He just attacked. Also, although not in the video, he had a prior criminal histury.

The shooter had a documented history of threatening people with a firearm over that same parking space.

I thought you didn't want to discuss anything not shown in the video.

Also, what makes the woman here a “baby factory”? How did you get anything out of that video on the nature of the decedent’s family life?

Not from the video, from the article linked in the opening post. She's 24 years old, she has three kids (ages 5, 3, and 4 months) with the deceased assailant, and they're not married.

[AmbulanceDriver]

Let’s get this straight:

Any comments about the shooters mind are speculative and second guessing, there’s no audio, etc, he’s a victim.

That same video yields tremendous insight into the malicious state of mind of the dead guy?

The shooter had a documented history of threatening people with a firearm over that same parking space.


Also, what makes the woman here a “baby factory”? How did you get anything out of that video on the nature of the decedent’s family life?

That's....  not quite true either.... There's an allegation, by one person, that has come forward *after* this shooting to state he said "I"ll shoot you" during a dispute over the handicapped space.  From what I've been able to find, there's not even a police report, much less an arrest, regarding this alleged threat.  Additionally, there's this report: "Records show Drejka does not have a criminal history in Florida, although the Sheriff’s Office had prior contact with him in 2012 when a driver accused him of pulling a gun during a road rage incident. Drejka denied he showed the gun, and the accuser declined to press charges."  I'm sorry, but if someone actually threatened me with a gun, you bet your ass I'm pressing charges.

[brimic]

Also, what makes the woman here a “baby factory”? How did you get anything out of that video on the nature of the decedent’s family life?

'Baby factory' is an unfair slander- there are plenty of people in their early 20s that have several kids... its literally the best time for a woman to have kids. However 'entitled twunt' does fit.

[HeroHog]

T J Sotomayor on this: https://youtu.be/-C1gNObpcWw

[Hawkmoon]

T J Sotomayor on this: https://youtu.be/-C1gNObpcWw

Whew! "I'm Tommy Sotomayor. Eff you and good night."

In general, I think Tommy sort of has it right, but I disagree with him in believing that Drejka was trying to set up a black man for a shooting. I don't know Mr. Drejka, but I do know people who get personally upset when those who don't have permits park in handicapped parking spaces. I'm one of them. Personally, I'ma craven coward, so I don't get in people's faces -- I call a cop. The problem is, 90 percent of the time either dispatch "can't spare" an officer, or the officer doesn't arrive until after the scofflaw has fled the scene of the crime.

There's nothing racial about it. It's about being annoyed with people who don't think rules and laws apply to them. My response is to call a cop -- we pay them to deal with those things and that kind of person. Mr. Drejka's response is to speak up for himself. There's no way to know, but the store owner was cited as telling some "journalist" that Drejka often hassled people about parking illegally in the handicapped space. Are we supposed to believe that ALL the people he hassled were blacks? I don't think so.

On top of this, it's in Florida, and these are young people. You can't see from the security cam video because by the time the woman gets out of the car the driver's window is rolled down, but I'll bet when she parked there the window was rolled up, the a/c was blasting, and I'll bet the window is tinted with limousine film so dark that not even Superman could see who was behind the wheel. I don't think Drejka picked on her because she's black. I think he picked on her because she parked illegally in a handicapped parking space, and that happens to be Drejka's trigger issue.

Case closed. No racial motive behind it.

Now let's flip the coin: How would McGlockton have behaved if he had come out of the store and some BIG black dude was standing there chewing out the GF for being parked illegally in a handicapped space? Is it not at least possible that McGlockton's action was racaily motivated, that he overreacted because "that white MF'er" was arguing with his woman?

[HeroHog]

Tommy's stuff is usually pretty good but is, after all, seen through the filter of a black man. I agree with a LOT he says and disagree with some of his views but, I'm a white guy in case ya didn't know. 

[230RN]

But the shooter never said a word to the assailant, and he made no attempt to touch the car or open the door, so the assailant couldn't (if he had lived) have legitimately claimed that he was "defending" his baby factory.

Me:

I don't think what happened or what was said before the shove is relevant unless there's some Florida equivalent to a "fighting words" law which are relevant and put in evidence.

It is a possibility that whatever was being said was being transmitted to the pusher by "Miss Pusher's" phone.  We don't know at present, from the video, but it's possible that fighting words could have used by any of the parties.  Witnesses in the store might know.  Stuff like that is what investigators investigate, and it takes time for interviewed information to be obtained, digested, and formalized by investigators.

I only brought up fighting words as a qualification to my other remarks.  Note the "unless."

[De Selby]

Me:
It is a possibility that whatever was being said was being transmitted to the pusher by "Miss Pusher's" phone.  We don't know at present, from the video, but it's possible that fighting words could have used by any of the parties.  Witnesses in the store might know.  Stuff like that is what investigators investigate, and it takes time for interviewed information to be obtained, digested, and formalized by investigators.

I only brought up fighting words as a qualification to my other remarks.  Note the "unless."

Those words certainly could be relevant. For example, if the shooter said something like “lady I will shoot you if you don’t move this car” before being shoved, thats the sort of fact that would land him in seriously hot water

[Doggy Daddy]

Those words certainly could be relevant. For example, if the shooter said something like “lady I will shoot you if you don’t move this car” before being shoved, thats the sort of fact that would land him in seriously hot water

Fantasize much?

[Pb]

Those words certainly could be relevant. For example, if the shooter said something like “lady I will shoot you if you don’t move this car” before being shoved, thats the sort of fact that would land him in seriously hot water

That's true.  However, if that had happened the girlfriend would have shouted it far and wide, and the media would have gleefully run with it.

[Hawkmoon]

Those words certainly could be relevant. For example, if the shooter said something like “lady I will shoot you if you don’t move this car” before being shoved, thats the sort of fact that would land him in seriously hot water

Only if it could be proven that the assailant heard the [hypothetical] words.

[BobR]

Only if it could be proven that the assailant heard the [hypothetical] words.

And he isn't talking. 

bob