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Florida's "Land" Law is again tested after a 28-year-old father was fatally injured in front of his young children. Another man on a disabled parking.
The State Attorney's Office should review the case and make the final decision as to whether it falls under self-defense – under a law that took first place in 2012 an unarmed black teenager Trayvon Martin. Britany Jacobs speaks with a reporter after a vigil for Markeis McGlockton "/>
Surveillance video taken from the convenience store Circle A convenience store in Clearwater showed last Thursday to Markeis McGlockton, his girlfriend Britany Jacobs and their three young children moving to a handicapped place McGlockton ran into the store with their five-year-old son
A man in a light-colored hat – later identified as Michael Drejka, 47 – rode to the car, and Jacobs and he had a sputter.] 1965-9004] Pinellas County Sheriff, Bob Gualtieri, said Friday at a press conference that the two men were arguing over whether Jacobs could be in that parking spot
In response, Drejka took a weapon out of his pocket
Drejka could be Saw McGlockton fired as the young father moved away. McGlockton was injured in the chest and returned to the store, where surveillance footage from the inside showed him falling to the ground in front of his five-year-old son
McGlockton later died at the # 39; hospital.
Gualtieri said that the video seems to show Drejka protecting himself, so his agency does not have the power to make an arrest "unless we have a probable cause that the person has committed a crime."
"Markeis should not have gone up and slam this Markeis would not have died if Markeis had not slammed this guy to the ground," added Gualtieri. "So Markeis has some skin in this game also, and the reason for which it justifies it, and in the context of "hold on, & # 39; it's because of what Markeis did. "
He said it would fall to the state to determine if Drejka was not" allowed to use force in this circumstance. "
The sheriff, however, stated that the circumstances surrounding the shooting were not resolved.
" There is a pause – even if it's only for a few seconds – there There's a pause between the moment Drejka hits the ground and he pulls, this break gives me a break, "said Gualtieri." This pause is bothering me, and it brings me back to what I said when I I opened: just because you can, does not mean you should do it. "
Drejka could not be reached for comment on Friday.
One client, Rick Kelly, told WFLA, affiliated with NBC, that he had met Drejka in a similar situation a few months ago.Kelly said that he had entered this same disability and Drejka started to inspect his decals to see if he had the right to be there. The situation escalated
"It basically threatened to shoot me that day," said Kelly
Dozens of protesters marched Sunday and watched over McGlockton as Jacobs called for justice.
"He was a great man, and you know, he did not do anything wrong," Jacobs said, according to the WFLA. "He was just trying to protect us."
At least 24 states have a "stand your ground" law form, with Florida promulgated in 2005 with the help of gun lobbyists.
Since then, Floridians have been able to justify the use of lethal force in order to "prevent imminent death or great bodily injury". Florida takes the extra step of not forcing the owner of the weapon to try first to run away from danger before pulling the trigger.
In legal cases, the defense had to prove that it was "ready to intervene" until last year. when it was changed to put the burden of proof on the prosecution.
George Zimmerman, a neighborhood watch volunteer, had claimed self-defense when he shot dead Martin, a 17-year-old high school student who had passed through the gated community.
Zimmerman was later charged with the murder, but acquitted. His attorneys did not use "stand your ground" as a defense at trial, but the law has yet become a flashpoint as part of a broader national conversation.
The law was again relied on in Florida in 2014, when a 71-year-old retired Tampa police captain shot and killed a 43-year-old man in the interior of Florida. a movie theater after the two men quarreled. A trial in this case is scheduled for next February.
McGlockton's run, which was black, added another element to the affair as protesters brandished Sunday signs calling for the repeal of the "racist" law.
Shevrin Jones, a black Democratic deputy from Broward County, tweeted Sunday that McGlockton's death "should give a clear sign that Florida needs to watch and make changes to Stand Your Ground."
Anywhere in the country, "stand your According to David Harris, professor at the University of Pittsburgh Law School and host of the" Criminal Injustice "podcast, a 2015 law was passed. & Medicine discovered that an accused person in such cases is twice as likely to be found guilty of a crime if it killed a white victim rather than a minority. [19659004IntheMcGlocktoncasethesurveillancevideohelpsshedsomelightonwhathappenedHarrissaidbutthat'snotanopenandjustifiedjustificationfordeadlyforcesimplybecauseDrejkawaspushedtotheground
However, if prosecutors decide to indict Drejka, they will face a "heavy pretérium burden" to prove that he was not acting in self-defense, Harris stated.
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