Florida 'stand your ground' shooter Michael Drejka charged with manslaughter

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JimR-OCDS said:
He’s not the law and the man was yelling at the wife in the car.

That’s aggression and had she had a gun, under the Florida “Stand Your Ground Law,” and the logic you’re giving the gunman here, she could’ve shot him and not be charged.
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We can yell at people. Yelling is aggressive. But it isn’t the same as actual physical violence. The woman could have made a defense claim for the main yelling had she shot him. It would most likely fail. There is a world of difference in yelling at someone who is safely in a car and shoving a man.
 
In most cases, a woman can get away with defending herself from an aggressive male who is merely yelling at her, especially if she had children with her. She doesn’t have to wait to be physically assaulted.

A man doesn’t get this option, but there are limits to how much force he can use to defend himself.

Shooting the man to death was unwarranted and the shooter needs to keep his self-righteous attitude to himself and just call the cops when he sees a non-violent crime being committed.

Jim
 
JimR-OCDS said:
BTW, a person sitting in the car with the engine running is not considered parked, but standing.
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That’s actually a good point.

I have a handicapped parking permit. Not for myself, but because I drive my elderly and severely mobility-impaired father around, mostly to church and doctor’s appointments.

Someone idling in a spot reserved for those permits doesn’t bother me - they can move quickly if necessary. Someone who inconsiderately parks in such a spot makes me angry. It’s extremely selfish and irresponsible.

That said, I wouldn’t start a physical fight over it, especially if I had my father or my wife and/or children in the car.
 
When I was studying martial arts, the instructor taught the State Police and Prison Guards.

He taught us deeply about defending yourself in the legal aspects of the law, more than the physical defense aspects.

The man in this story is now going to have to pay a defense attorney, big bucks to get him off. Most likely, there will be a plea bargain and the man will have to serve on probation.

Then of course the family of the dead man, will sue the gunman and again,it will be costly for him.

In other words, more harm is going to come to the gunman than what he suffered just being shoved to the ground.

He would’ve been better off to back off and let the man and his family leave.

Jim
 
JimR-OCDS said:
He’s not the law and the man was yelling at the wife in the car.
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Which is not against the law.
JimR-OCDS said:
That’s aggression and had she had a gun, under the Florida “Stand Your Ground Law,” and the logic you’re giving the gunman here, she could’ve shot him and not be charged.
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Not at all. You don’t get to shoot people who yell at you under “stand your ground”.
JimR-OCDS said:
The man in this story is now going to have to pay a defense attorney, big bucks to get him off. Most likely, there will be a plea bargain and the man will have to serve on probation.
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Unless he had the foresight to buy “Carry Guard” insurance.
 
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The law will treat women differently than men, even under this law.

Jim
 
If the family sues, they have to win first. This man did not look wealthy.
 
Doesn’t matter if they win or lose, the gunman is going to have to hire a defense attorney, which will cost him dearly

His action is going to cost him far more than letting the man and his family drive away.

Jim
 
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ucfengr said:
Not at all. You don’t get to shoot people who yell at you under “stand your ground”.
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That’s true.

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But it will be very hard, given the tape, for the defendant to claim that he acted “to prevent imminent death or great bodily harm”.
 
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JimR-OCDS said:
He taught us deeply about defending yourself in the legal aspects of the law, more than the physical defense aspects.

The man in this story is now going to have to pay a defense attorney, big bucks to get him off. Most likely, there will be a plea bargain and the man will have to serve on probation.

Then of course the family of the dead man, will sue the gunman and again,it will be costly for him.

In other words, more harm is going to come to the gunman than what he suffered just being shoved to the ground.

He would’ve been better off to back off and let the man and his family leave.
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Maybe it would have been better to have not shot. But if he wins on a stand your ground defense he is not liable to a civil lawsuit. So first he has to be found guilty before a lawsuit is an issue.

Of course maybe it was better that he did shoot. Maybe the man who was shot was planning to kick him in the head repeatedly.
 
Maybe it would have been better to have not shot. But if he wins on a stand your ground defense he is not liable to a civil lawsuit. So first he has to be found guilty before a lawsuit is an issue.
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Not accurate

The family can still bring a Wrongful Death lawsuit and they could do it just to make him hire a defense attorney

Doesn’t matter if they win or lose, he’ll still have to pay for his defense and his lawyer may tell him it’s cheaper to agree to a settlement

Jim
 
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exnihilo said:
Maybe it would have been better to have not shot. But if he wins on a stand your ground defense he is not liable to a civil lawsuit. So first he has to be found guilty before a lawsuit is an issue.
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No, I don’t think so. Being found innocent in a criminal case doesn’t protect you from civil cases.
The best example being OJ Simpson.
 
He was already at a disadvantage that he had been shoved to the ground. He was not on his feet when he pulled the gun.
 
Good point

OJ found not guilty, but the family still brought and won a wrongful death lawsuit

Jim
 
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