Amend Florida's 'stand your ground' law, says lawyer for Markeis McGlockton's family

[Gracie]

Gardner was a 300+ pound tub of lard. All he had to do was let them put the cuffs on. He refused at which time they took him to the ground. Gardner brought about his own death by stupidity.

I didn't like the Gardner take down at all, and worse the poor feller died as a result of it. Not good.

All he had to do was stop resisting. I can say it a thousand times and you cannot argue with the fact that it is true.

It is true, but we have to remain focused on the entire episode/the big picture in order to come to the ultimate conclusion of what caused the man's death, and then ask ourselves as in this case being reviewed, was his activity a reason to take a man down in that way, and ultimately restrain him in that way, and do it for his activity in which ultimately caused his death in result of ???

He was selling cigs. On a corner. Saw a fight break out between other people and called the cops thinking he was helping.

He was selling untaxed cigarettes which was his claim to fame. That is why he was being arrested.

His claim to fame? His claim to death, you mean. Untaxed cigs. Big deal. At least he was not selling crack.
He didn't deserve to die.

 

[Admiral Rockwell Tory]

I didn't like the Gardner take down at all, and worse the poor feller died as a result of it. Not good.

All he had to do was stop resisting. I can say it a thousand times and you cannot argue with the fact that it is true.

It is true, but we have to remain focused on the entire episode/the big picture in order to come to the ultimate conclusion of what caused the man's death, and then ask ourselves as in this case being reviewed, was his activity a reason to take a man down in that way, and ultimately restrain him in that way, and do it for his activity in which ultimately caused his death in result of ???

He was selling cigs. On a corner. Saw a fight break out between other people and called the cops thinking he was helping.

He was selling untaxed cigarettes which was his claim to fame. That is why he was being arrested.

His claim to fame? His claim to death, you mean. Untaxed cigs. Big deal. At least he was not selling crack.
He didn't deserve to die.

He shouldn't have resisted. I have said it before and I'll say it again!

Play stupid games, win stupid prizes!

 

[Gracie]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

 

[Admiral Rockwell Tory]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

Gracie, I love your posts, but on this one you are DEAD wrong. The officers arrested him and were trying to handcuff him. He resisted by pulling away and refusing to be handcuffed, at which point they took him to the ground, along with the illegal choke hold. Had he cooperated, he would have probably died of a nice heart attack anyway, somewhere else in a short period of time.

 

[Gracie]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

Gracie, I love your posts, but on this one you are DEAD wrong. The officers arrested him and were trying to handcuff him. He resisted by pulling away and refusing to be handcuffed, at which point they took him to the ground, along with the illegal choke hold. Had he cooperated, he would have probably died of a nice heart attack anyway, somewhere else in a short period of time.

ok. I'd rather not argue it.

 

[Marion Morrison]

Lawyer Benjamin Crump said Thursday that "it's still ludicrous" that a person can be an aggressor in a confrontation and then claim self-defense.

by Erik Ortiz / Jul.26.2018 / 4:48 PM ET / Updated Jul.26.2018 / 5:57 PM ET

McGlockton attorney speaks out against 'stand your ground'
Jul.26.201802:28

A prominent civil rights attorney on Thursday demanded Florida lawmakers amend the state's "stand your ground" law to prevent the person shown to be the aggressor in a confrontation from claiming immunity.

Lawyer Benjamin Crump joined the family of Markeis McGlockton, the 28-year-old father of three fatally shot by another man in a Clearwater parking lot, and argued there is enough evidence for state prosecutors to bring charges against the shooter.

"It's still ludicrous how you can claim you have fear for your life, yet you approach and start the confrontation with the individuals," Crump said at a news conference outside the Pinellas County Justice Center.

He also called for state legislators to take up stricter gun responsibility laws. Florida has some of the most lax gun laws in the nation, according to the Giffords Law Center to Prevent Gun Violence, a California-based organization started by former congresswoman Gabby Giffords.
​

The problem is not with the stand your ground law, it's the fact that in order for it to work properly they're relying on what is essentially an "honor" system that is being abused by individuals who have failured to complay with the requirements for the lethal use of force they've employed.

Too many of the individuals involved in committing these offenses initated the confrontation I'm sure bolden by the fact that they were carrying. Additionally, several bad rulings set precedence that from all appearances is next to impossible to undo.

As I've indicataed before, they teach you what to do and say in the training classes required for obtaining a concealed carry permit (state "I was in fear for my life") but they also teach you under what set of circumstances you can legally draw your weapon without it being considered brandishing and what level of threat allows you to respond with deadly force. And picking a fight just so that you can pull your weapon and shoot someone is not a valid legal basis but more importantly, that's not self-defense. In many cases It's the cowardly act of any individual who is unable to distinguish between an actual threat and an injury to their ego.

Yeah sorry about your bully son getting killed, but fuck you stay away from my rights.

Not gonna happen AND you're stupid.

I tell what's not gonna happen, anything to the "stand your ground" law in Florida. Put that in your pipe and smoke it.


You know, I had this friend, he was a stand-up guy and cool, always be there if there was any trouble, not afraid of a fight.

Well, you know what? He tried to rob a guy that was walking with his wife and

kid in a stroller and the guy was armed. Now my friend is dead, and has been for

more than 20 years. Some things you just don't do in FL. For you to grasp this

concept, Newsvine, I suggest you watch Grady Judd videos.


Something that wasn't in papers: This guy pulled a gun on the police, and they

shot him 55x.

 

[NewsVine_Mariyam]

I tell what's not gonna happen, anything to the "stand your ground" law in Florida. Put that in your pipe and smoke it.

You know, I had this friend, he was a stand-up guy and cool, always be there if there was any trouble, not afraid of a fight.

Well, you know what? He tried to rob a guy that was walking with his wife and

kid in a stroller and the guy was armed. Now my friend is dead, and has been for

more than 20 years. Some things you just don't do in FL. For you to grasp this

concept, Newsvine, I suggest you watch Grady Judd videos.

Something that wasn't in papers: This guy pulled a gun on the police, and they

shot him 55x.

Well pulling a gun on a police officer will generally get you shot, unless you're one of the people below, but I'm curious about 2 things. One - why did you and several other posters on this thread just assume that I don't know what I'm talking about? Is it because I'm female, black, a black female, or did it just never occur to you that I could have possibly familized myself with Florida law for several reasons? Because you haven't revealed anything that indicates that you any more knowledgeable on the topic than I am.

https://www.youtube.com/watch?v=daVhasi95c4
https://www.alternet.org/civil-liberties/8-white-people-who-pointed-guns-police-officers-and-managed-not-get-killed
​

The second thing I'm curious about is why your friend whom you described as a stand up guy became an armed robber? Because someone pulling a gun on a person in order to coerce them into doing anything that they're not lawfully required to do, including handing over their valuables, a family member, etc. is a lot more egregious than a man who has been told and then sees that another man is accosting his wife and then forcefully pushes him away from her.

 

[Marion Morrison]

I tell what's not gonna happen, anything to the "stand your ground" law in Florida. Put that in your pipe and smoke it.

You know, I had this friend, he was a stand-up guy and cool, always be there if there was any trouble, not afraid of a fight.

Well, you know what? He tried to rob a guy that was walking with his wife and

kid in a stroller and the guy was armed. Now my friend is dead, and has been for

more than 20 years. Some things you just don't do in FL. For you to grasp this

concept, Newsvine, I suggest you watch Grady Judd videos.

Something that wasn't in papers: This guy pulled a gun on the police, and they

shot him 55x.

Well pulling a gun on a police officer will generally get you shot, unless you're one of the people below, but I'm curious about 2 things. One - why did you and several other posters on this thread just assume that I don't know what I'm talking about? Is it because I'm female, black, a black female, or did it just never occur to you that I could have possibly familized myself with Florida law for several reasons? Because you haven't revealed anything that indicates that you any more knowledgeable on the topic than I am.

https://www.alternet.org/civil-liberties/8-white-people-who-pointed-guns-police-officers-and-managed-not-get-killed
​

The second thing I'm curious about is why your friend whom you described as a stand up guy became an armed robber? Because someone pulling a gun on a person in order to coerce them into doing anything that they're not lawfully required to do, including handing over their valuables, a family member, etc. is a lot more egregious than a man who has been told and then sees that another man is accosting his wife and then forcefully pushes him away from her.

For me, it's because you don't live in FL. That's why.

You probably live in some Yankee state where things are different.

I tell you what come down here and spend a couple days outside, then your perspective might be corrected.

No, seriously we have a good state legislature. They don't pass laws without a lot of thinking. For some reason, they're fighting like hell against legal marijuana.

The shooter in this case slipped through the cracks, but he is the exception to

the rule.

You just can't change the rules for millions of Americans for what one douchebag does in Pinellas County.

 

[hunarcy]

I didn't like the Gardner take down at all, and worse the poor feller died as a result of it. Not good.

All he had to do was stop resisting. I can say it a thousand times and you cannot argue with the fact that it is true.

It is true, but we have to remain focused on the entire episode/the big picture in order to come to the ultimate conclusion of what caused the man's death, and then ask ourselves as in this case being reviewed, was his activity a reason to take a man down in that way, and ultimately restrain him in that way, and do it for his activity in which ultimately caused his death in result of ???

He was selling cigs. On a corner. Saw a fight break out between other people and called the cops thinking he was helping.

He was selling untaxed cigarettes which was his claim to fame. That is why he was being arrested.

His claim to fame? His claim to death, you mean. Untaxed cigs. Big deal. At least he was not selling crack.
He didn't deserve to die.

He resisted arrest. He killed himself.

 

[hunarcy]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

He was resisting which is why he was restrained. You can't change history to suit your argument.

 

[MacTheKnife]

Crump was never the sharpest knife in the drawer. I have no idea how he passed the bar.

Under what circumstances an aggressor can claim self defense is first year criminal law stuff.

Stand your ground means might makes right

Once a fight starts, you can use your gun to resolve it

No troll, it means you don't have to run when a criminal attacks you. That is all it means.

Yup. Someone breaks into your house you can shoot em dead. That's what stand your ground means.

Common self defense laws require a victim of an attack to attempt to retreat to a safe place, if that is possible. Stand your ground law removes the need to retreat, even if retreat is possible. The victim was on the ground and retreat was not possible. Consequently, there was no need for stand your ground protection.

You are right for the most part....however not all states required --in their law on self defense -- for one to retreat if possible--if it does not further endanger one's life or threat to grievious bodily harm.

It should also be noted that most of the hullabaloo about the stand your ground law in florida was ignited during the trayvon affair...many with the help of the lying media aka the fake news, that Z was acquitted because of the stand your ground law...which in fact had nothing to do with the Trayvon case...the Z made that crystal clear yet the media insisted on lying and confusing folks. Z was found not guilty based simply on the law of self defense. He also had no opportunity to retreat even if he had wanted...he was pinned to the ground.

 

[MacTheKnife]

Sir you are not only a liar but a damned liar: McGlockton’s history included a drug conviction in 2010 and an arrest for aggravated battery.

No arrest in fatal shooting during argument over handicap parking space

Why'd you leave out the part about the aggravated battery charges being dropped and why no mention of Drejka's prior run in with the law in which he is accused to previously pulling a gun on someone in a road rage incident?

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.
​

I checked both of them and neither was under the supervision of any Florida courts at the time of the shooting.

Not having the info on why the charges were dropped one can hardly comment on that in a competent manner. I have not seen any report on Drejka. As you mention he was not arrested. However McGlocton was and for a very serious charge....aggravated battery. Do you know what that is?
Aggravated Battery Defined
The definition of aggravated battery varies by state, but the acts most often include the use of a deadly weapon, battery in which serious bodily injury occurs or where there is an intent by the perpetrator to cause serious bodily harm, battery involving a hate crime, or battery against a police officer or a vulnerable person such as a child or an elderly person.

It would be very interesting to know the details of the case where McGlockton was arrested for aggravated battery...but of course the media will not investigate that...being too busy dirty dogging Drjka.

 

[beagle9]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

Gracie, I love your posts, but on this one you are DEAD wrong. The officers arrested him and were trying to handcuff him. He resisted by pulling away and refusing to be handcuffed, at which point they took him to the ground, along with the illegal choke hold. Had he cooperated, he would have probably died of a nice heart attack anyway, somewhere else in a short period of time.

Illegal choke hold -------- nuff said.

 

[Gracie]

Death of Eric Garner - Wikipedia

He was a nice man.

 

[Marion Morrison]

I tell what's not gonna happen, anything to the "stand your ground" law in Florida. Put that in your pipe and smoke it.

You know, I had this friend, he was a stand-up guy and cool, always be there if there was any trouble, not afraid of a fight.

Well, you know what? He tried to rob a guy that was walking with his wife and

kid in a stroller and the guy was armed. Now my friend is dead, and has been for

more than 20 years. Some things you just don't do in FL. For you to grasp this

concept, Newsvine, I suggest you watch Grady Judd videos.

Something that wasn't in papers: This guy pulled a gun on the police, and they

shot him 55x.

Well pulling a gun on a police officer will generally get you shot, unless you're one of the people below, but I'm curious about 2 things. One - why did you and several other posters on this thread just assume that I don't know what I'm talking about? Is it because I'm female, black, a black female, or did it just never occur to you that I could have possibly familized myself with Florida law for several reasons? Because you haven't revealed anything that indicates that you any more knowledgeable on the topic than I am.

https://www.alternet.org/civil-liberties/8-white-people-who-pointed-guns-police-officers-and-managed-not-get-killed
​

The second thing I'm curious about is why your friend whom you described as a stand up guy became an armed robber? Because someone pulling a gun on a person in order to coerce them into doing anything that they're not lawfully required to do, including handing over their valuables, a family member, etc. is a lot more egregious than a man who has been told and then sees that another man is accosting his wife and then forcefully pushes him away from her.

Well, we always had the prefix of "crazy" in front of his name. Btw, he was black.

I liked the guy, I really did, he always did right by me, not sure what he got into there.

The way I see it is he did something stupid and paid for it with his life. That don't befront my memories of him, though. He was a good guy, IMO.

 

[Admiral Rockwell Tory]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

Gracie, I love your posts, but on this one you are DEAD wrong. The officers arrested him and were trying to handcuff him. He resisted by pulling away and refusing to be handcuffed, at which point they took him to the ground, along with the illegal choke hold. Had he cooperated, he would have probably died of a nice heart attack anyway, somewhere else in a short period of time.

Illegal choke hold -------- nuff said.

If you ever watch the video, the officer's arm never gets close to his neck. THe fat ass had his own weight kill him.

 

[NewsVine_Mariyam]

For me, it's because you don't live in FL. That's why.

You probably live in some Yankee state where things are different.

I tell you what come down here and spend a couple days outside, then your perspective might be corrected.

No, seriously we have a good state legislature. They don't pass laws without a lot of thinking. For some reason, they're fighting like hell against legal marijuana.

The shooter in this case slipped through the cracks, but he is the exception to

the rule.

You just can't change the rules for millions of Americans for what one douchebag does in Pinellas County.

Well I did live in Florida because I attended college in Daytona Beach but you can study and have knowledge of another state's laws without actually living there. I'm kind of required to know about some of your statutes because of my licenses but have always loved the Sunshine State. I have a lot of fond memories of my time there. Is originally being from California considered being a Yankee?

I any case, as I mentioned up front, I also like and support the stand your ground laws, it's just unfortunate that there have been more than a few cases where the rulings were completely idiotic or the shooters see the SYG laws as a "shoot someone and get out of jail free" law. I hope the issues will work themselves out but I'm afraid that it will be at the expense of the lives of God only knows how many other individuals.

 

[NewsVine_Mariyam]

Not having the info on why the charges were dropped one can hardly comment on that in a competent manner. I have not seen any report on Drejka. As you mention he was not arrested. However McGlocton was and for a very serious charge....aggravated battery. Do you know what that is?
Aggravated Battery Defined
The definition of aggravated battery varies by state, but the acts most often include the use of a deadly weapon, battery in which serious bodily injury occurs or where there is an intent by the perpetrator to cause serious bodily harm, battery involving a hate crime, or battery against a police officer or a vulnerable person such as a child or an elderly person.

It would be very interesting to know the details of the case where McGlockton was arrested for aggravated battery...but of course the media will not investigate that...being too busy dirty dogging Drjka.

You can buy it if you want.
FDLE - Florida Criminal History Record Check

 

[NewsVine_Mariyam]

Well, we always had the prefix of "crazy" in front of his name. Btw, he was black.

I liked the guy, I really did, he always did right by me, not sure what he got into there.

The way I see it is he did something stupid and paid for it with his life. That don't befront my memories of him, though. He was a good guy, IMO.

That's really unfortunate, sorry for your loss though.

 

[hunarcy]

He resisted because he was being choked. I said that numerous times too. Let someone strangle you and see if your body doesn't automatically fight to breathe.

Gracie, I love your posts, but on this one you are DEAD wrong. The officers arrested him and were trying to handcuff him. He resisted by pulling away and refusing to be handcuffed, at which point they took him to the ground, along with the illegal choke hold. Had he cooperated, he would have probably died of a nice heart attack anyway, somewhere else in a short period of time.

Illegal choke hold -------- nuff said.

choke holds are not illegal. It was just against police department policy.