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‘Stand Your Ground’ applies in shooting

August 24, 2018
Cape Coral Daily Breeze

To the editor:

The reversal of the Police Department's initial decision to address this case under The Stand Your Ground Law was upended by the now prosecution of Michael Drejka for a possible manslaughter charge in Clearwater, Florida.

Reviewing this decision to now seek prosecution against Mr. Drejka gives credence to the theory that this prosecution is only being sought to prevent future racial tensions and disturbances.

In reviewing the video this incident clearly falls within the purview of the 2005 "Stand Your Ground Law" which states, "people fearing for their lives do not have to retreat before deadly force to prevent imminent death or great bodily harm."

Mr. Drejka clearly berated a person for breaking the law by parking in a handicap parking space without a handicap designation. This was done without any act or threat of physical harm to the driver.

Mr. Markeis McGlockton, the boyfriend of the person illegally parked exited the store, and without any physical provocation by Mr. Drejka, violently assaulted Mr. Drejka as documented by the video tape.

Mr. McGlockton initiated this violent behavior with his unprovoked aggression of physically assaulting Mr. Drejka. If, in fact, this assault did not happen, Mr. Drejka would not have had this fear of great bodily harm or possible imminent death.

The prosecution argument being that Mr. McGlockton was retreating. The nature of the violent assault did not indicate that a continued beating or violent assault would not ensue as in the initial violent assault.

Let me reiterate what is stated in this 2005 law: "people fearing for their lives do not do not have to retreat before deadly force to prevent imminent death or GREAT BODILY HARM."

Again, reviewing the video tape showing such a violent assault on Mr. Drejka by Mr. McGlockton, without any physical provocation by Mr. Drejka, is clear evidence in the prevailing argument of the Stand Your Ground Law in preventing additional great bodily harm and possible imminent death.

Mr. Drejka was 48 years old. Mr. McGlockton was 25 years old.

We have to take race out of this case and look at the evidence as it pertains to the 2005 law. This could have been avoided if the driver would not have broken the law by illegally parking in a handicap parking space. And, if Mr. McGlockton would not have provoked this incident by physically assaulting Mr. Drejka that could cause great bodily harm and fear of imminent death. Then, and only then, this fear for Mr. Drejka's physical well-being would not have occurred.

So before we judge Mr. Drejka for his fears, let us judge Mr. McGlockton for his violent assault on Mr. Drejka that was physically unprovoked and ask ourselves what steps would we take if our lives were in imminent danger. It so easy to make these armchair quarterback decisions from afar without being in the shoes of those assaulted.

Jack Wagner

Cape Coral



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