Florida Stand Your Ground Shooting. Prison time or Miller time?

[175gr7.62]

Florida Stand Your Ground Shooting. Prison time or Miller time?

Do you call the cops everytime you see someone speeding?

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Nope, but I if walk out of the store and someone is cussing my ol’lady I’m not gonna just run up and shove or form tackle him either.

Like I said, I don’t think I would have shot him and I agree it doesn’t look good for the guy but if they hadn’t broken the law none of it would have happened.

A lot of people are armed now, think twice before you decide to get physical with someone.





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[awry]

Guess I’m pretty much decided … from legal point of view.

The shooter has every legal right to confront (verbal only) someone parked in handicap parking spot. Doesn’t matter if he is looney, yelled at her, or looking for trouble, he still has the right. If someone can prove he threatened her with bodily harm, that would change the equation. (If someone can prove what said during the whole episode, it might change everything)
The ‘victim’ committed assault no matter how one looks at it. The shooter raises his hand and points but I’m not seeing any other physical actions or what could be perceived at physical threats towards the girl friend … so the boyfriend’s shove could not be justified as some sort of defense of her. Know a lot you are stating you would do something as I probably would as well ...... ok, but we could still be charged with assault, verbal threats withstanding.
Once the shooter is on the ground, he is totally vulnerable to further actions/assault/bodily harm from the ‘victim’. If the Fox news article is correct and 12 feet was the distance between the two men, willing to wager that distance can be covered faster than most of us can pull/produce a weapon to stop anything else from happening without further bodily harm. It always better to have someone away from you vs close quarters.

So I’m good with everything up to this point.
The one thing giving me pause is the ~2 seconds before firing … but again 12 feet is not that great of distance and can be covered very quickly. Even with ‘victim’ somewhat turning away, that distance can be covered quickly had he chosen to .. how is the shooter to know he wouldn’t?. Based on the evidence I’ve seen, albeit only video clips and news articles, I would be hard pressed to find the shooter guilty. Will be very interesting what additional evidence the AG brings.


On a side note, HIC’s post (#179) is spot on from all tactical training I’ve taken. One question constantly drummed into our heads is “What is worth your life (death or prison), potentially your family’s lives (if they are with you), any financial security you have, and peace of mind (dealing with killing someone)?” Because there is a chance all, or at least some, of that is gone if you ever shoot someone … you need to have that list already defined in your head … for me, it’s a very very short list.

[myway]

Let’s simplify all this. If they hadn’t broken the law by parking in the handicap spot none of this would have happened.

To all you that say he should have let the police handle it.....what is the difference in parking in a handicap spot and stealing a tip jar off some waitress’ bar. If you saw someone do that would you say something or call the cops. If he was slapping his ol’lady around would you say something to him or call the cops?

I don’t know the whole story but these thugs gonna eventually get the point that grown men talk their problems out. You put your hands on me bad,bad things are liable to happen.

My personal opinion is that I wouldn’t have shot him because I consider myself better than most with my hands but the way the law is written you can’t go around getting physical with folks.


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Your statement sounds really dumb. Theft and illegaly parking? Think about it. I parked Saturday and I looked around and realized some were HC by signanage some were not. The striping was barely legible and the only reason I noticed was due too some having signage. If someone would have confronted me I would have acknowledged but I guarantee if they were confrontational it would have been a problem. If I walked out and someone was yelling at my wife or I received a text it would be worse. I am certain you would do the same.

I apologize you responded on the same note. I am still a believer some people are looking to be arse holes. I also had someone put a note on my truck within the week asking if I needed a parking lesson. The vehicle I pulled up to was past the line and I did not realize it at the time. Did it warrant a note.. not at all but some people are just wired to police dumb s.

[Pedernal]

Pretty certain that there needs to be more things analyzed than just the video tape to make a judgement. I guarantee that the prosecutors are not just going to play the video at the trial. Having said this, I believe there should most certainly be a trail.

For those saying "not my job to say something" to perfectly healthy people parked in handicapped spots: you guys realize that it's not just elderly and or physically impaired people that use these handicapped parking spots right. There are also valiant men and women that sacrificed their bodies and put there lives on the line so that we can be free that could be in need of the spots. These warriors fought and were injured fighting for our flag, our great country and our way of life but you guys think it's too much for you to question a physically capable person taking up one of these spots. SMDH

[175gr7.62]

Your statement sounds really dumb. Theft and illegaly parking? Think about it. I parked Saturday and I looked around and realized some were HC by signanage some were not. The striping was barely legible and the only reason I noticed was due too some having signage. If someone would have confronted me I would have acknowledged but I guarantee if they were confrontational it would have been a problem. If I walked out and someone was yelling at my wife or I received a text it would be worse. I am certain you would do the same.

You gonna start a fight just because someone gets confrontational? I always get a kick out the folks on here who say “ that would be a problem” or “ I’d whip his asp”. You don’t know what that guy is capable of.

How many fights have you been in? You ever fought someone who trains? I’m not talking about being a tough guy in a bar...I’m talking about fighting as a science against someone who has been in 60, 70, 100 fights You going to risk being beaten, I’m talking about a serious hospital trip beat down.....for what....pride?

I’m not equating stealing to parking in a handicap spot....I’m saying you are likely to get called out on both and if he had not of parked there none of it would have happened and if he had not if run up on the dude it wouldn’t have happened. If Treyvon Martin hadn’t of jumped on Zimmerman he wouldn’t have got shot that night. If the Hands Up, Don’t Shoot guy had not stolen a package of cigars he wouldn’t have got shot that afternoon.

.....and do you really think the chick said “I’m sorry sir, I didn’t realize we were parked in a handicap spot. Thanks for pointing that out. I’ll move the car.”




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[okrattler]

Pretty certain that there needs to be more things analyzed than just the video tape to make a judgement. I guarantee that the prosecutors are not just going to play the video at the trial. Having said this, I believe there should most certainly be a trail.

For those saying "not my job to say something" to perfectly healthy people parked in handicapped spots: you guys realize that it's not just elderly and or physically impaired people that use these handicapped parking spots right. There are also valiant men and women that sacrificed their bodies and put there lives on the line so that we can be free that could be in need of the spots. These warriors fought and were injured fighting for our flag, our great country and our way of life but you guys think it's too much for you to question a physically capable person taking up one of these spots. SMDH

9 times out of 10 I don't pay no attention to who has a handicapped placard and who doesn't. If I got cussed up one side and down the other I'd apologize and move. I expect the same respect for the elderly,mentally and physically handicapped that I have out of everyone. It shouldn't even be an issue.

But I'd expect a veteran to say something before I would the mother of a quadriplegic child. I'm not saying under the right circumstances I wouldn't say anything because I would. But to walk up to someone and assume they aren't handicapped is ridiculous. You'd have to be a real sack of nuts to just walk up and ask someone why they're parked where they're parked. If it bothers you that much call the cops and have them come write a ticket.

As I've said before the whole thing could have been avoided if the lady would have apologized and moved. The same can be said about the parking lot commando. He was well enough to walk his *** over there to tell her she was in the wrong parking spot. He could have been in the store,paid and been gone in the amount of time it took to shoot numbnuts in the stomach.

[Pedernal]

9 times out of 10 I don't pay no attention to who has a handicapped placard and who doesn't. If I got cussed up one side and down the other I'd apologize and move. I expect the same respect for the elderly,mentally and physically handicapped that I have out of everyone. It shouldn't even be an issue.

But I'd expect a veteran to say something before I would the mother of a quadriplegic child. I'm not saying under the right circumstances I wouldn't say anything because I would. But to walk up to someone and assume they aren't handicapped is ridiculous. You'd have to be a real sack of nuts to just walk up and ask someone why they're parked where they're parked. If it bothers you that much call the cops and have them come write a ticket.

As I've said before the whole thing could have been avoided if the lady would have apologized and moved. The same can be said about the parking lot commando. He was well enough to walk his *** over there to tell her she was in the wrong parking spot. He could have been in the store,paid and been gone in the amount of time it took to shoot numbnuts in the stomach.

I guess we can agree to disagree. My statement is pretty clear and I stand by it. If someone notices a healthy person parked in a handicapped parking spot they should say something. Nothing more and nothing less. I did not say or imply that anybody needs to go investigate and or creat a scene eveytime they go to an establishment that has a parking lot.

[PondPopper]

Manslaughter....

[johnpaul]

Meaning that you are wrong if you think a situation exists when it’s ok to draw but not legal to shoot.

Right, but if he had pulled his weapon to stop the confrontation and not shot he wouldn't be worrying about going to jail for 30 years.

[batmaninja]

In addition, the complaint said that in 2012 Drejka (the shooter) displayed a gun during two separate road rage incidents in which he was never charged."

This really doesnt make much sense to me.

Do people really file "complaints" ? Do they become part of some permanent record? How did the filer know it was Drejka, could they prove it was him and that he was brandishing? Why wasnt he charged and prosecuted?

[Dirtymike]

Guess I’m pretty much decided … from legal point of view.

The shooter has every legal right to confront (verbal only) someone parked in handicap parking spot. Doesn’t matter if he is looney, yelled at her, or looking for trouble, he still has the right. If someone can prove he threatened her with bodily harm, that would change the equation. (If someone can prove what said during the whole episode, it might change everything)
The ‘victim’ committed assault no matter how one looks at it. The shooter raises his hand and points but I’m not seeing any other physical actions or what could be perceived at physical threats towards the girl friend … so the boyfriend’s shove could not be justified as some sort of defense of her. Know a lot you are stating you would do something as I probably would as well ...... ok, but we could still be charged with assault, verbal threats withstanding.
Once the shooter is on the ground, he is totally vulnerable to further actions/assault/bodily harm from the ‘victim’. If the Fox news article is correct and 12 feet was the distance between the two men, willing to wager that distance can be covered faster than most of us can pull/produce a weapon to stop anything else from happening without further bodily harm. It always better to have someone away from you vs close quarters.

So I’m good with everything up to this point.
The one thing giving me pause is the ~2 seconds before firing … but again 12 feet is not that great of distance and can be covered very quickly. Even with ‘victim’ somewhat turning away, that distance can be covered quickly had he chosen to .. how is the shooter to know he wouldn’t?. Based on the evidence I’ve seen, albeit only video clips and news articles, I would be hard pressed to find the shooter guilty. Will be very interesting what additional evidence the AG brings.


On a side note, HIC’s post (#179) is spot on from all tactical training I’ve taken. One question constantly drummed into our heads is “What is worth your life (death or prison), potentially your family’s lives (if they are with you), any financial security you have, and peace of mind (dealing with killing someone)?” Because there is a chance all, or at least some, of that is gone if you ever shoot someone … you need to have that list already defined in your head … for me, it’s a very very short list.

Spot on.

[Crazy Horse]

Manslaughter....

the dude did back away, then had to change to a side step because there was a vehicle blocking his path...but he was without a doubt backing away in those 2 seconds before he was shot...

Manslaughter...just too much to over look otherwise...

[catslayer]

the dude did back away, then had to change to a side step because there was a vehicle blocking his path...but he was without a doubt backing away

Manslaughter...just too much to over look otherwise...

With you on this one...threat was over when the gun came out, guy was retreating. Then got shot... Don't know how shooter who is drawing bead can't see that.

Shooter was 100% justified up to the draw, yelling at wife is it cool but if he didn't put hands on her he didn't deserve the tackle. but once he went for gun he stopped seeing what was happening and proceeded down his predetermined path

[catslayer]

There is no distinction in the law between pulling the weapon and shooting the weapon.

Completely untrue... Otherwise brandishing wouldn't have ever been a thing. You would have assult with a deadly. Just an ignorant comment, huge difference in drawing and discharging. I won't even bring up the other hypotheticals that I've thought of after reading that comment.

The gun is a tool to protect yourself family/etc by stopping the confrentation. Shooting/killing is a BIPRODUCT not the goal. Goal is stop the conflict.

In this case when your assailant BREAKS THE CONFRENTATION. You have NOTHING to defend from any more.

What if he had seen gun and just fallen down in place SPREAD EAGLE...or froze with hands up instead of backing away and the guy still shoots? He would have gotten CRUSIFIED. BUT CAUSE GUY WAS MOVING even though it's away, ppl go ehhh... Maybe he could come back...

Your not defending then, you have no leg to stand on for self defense... You can "stand your ground" and if he attacks again reacess and respond.

Lack of thinking by the whole group at mutiple points is the cause of this..

[myway]

You gonna start a fight just because someone gets confrontational? I always get a kick out the folks on here who say “ that would be a problem” or “ I’d whip his asp”. You don’t know what that guy is capable of.

How many fights have you been in? You ever fought someone who trains? I’m not talking about being a tough guy in a bar...I’m talking about fighting as a science against someone who has been in 60, 70, 100 fights You going to risk being beaten, I’m talking about a serious hospital trip beat down.....for what....pride?

I’m not equating stealing to parking in a handicap spot....I’m saying you are likely to get called out on both and if he had not of parked there none of it would have happened and if he had not if run up on the dude it wouldn’t have happened. If Treyvon Martin hadn’t of jumped on Zimmerman he wouldn’t have got shot that night. If the Hands Up, Don’t Shoot guy had not stolen a package of cigars he wouldn’t have got shot that afternoon.

.....and do you really think the chick said “I’m sorry sir, I didn’t realize we were parked in a handicap spot. Thanks for pointing that out. I’ll move the car.”




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Not at all. I will avoid a dumb arse argument or a *** whipping 99.9% of the time. I’m too pretty. Yes that is a joke.. kind of. My point was if I walk out and Barney is raising his voice to my wife/girlfriend I am probably not going to be very polite. None of us know what was said by either but A it was not his buisness B he had history of being confrontational. The dude was doing what any man would do when his spouse was being confronted.