The trial of Michael Drejka is starting here in Florida. The media is, again, spinning a narrative and getting all of the facts wrong. Rather than discuss that, I'll link a blog post that does a much better job.
My interest is in what the jury does with this case. IMO, I think that this boils down to imminence and reasonableness. Was Drejka's fear reasonable; i.e. would it be reasonable that any normal person in that exact situation knowing what Drejka knew would act the same way? Was the threat imminent? In the video, McGlockton turns away which the jury may see as eliminating imminence. But they will probably be asked to consider when Drejka made the decision and was the time between McGlockton turning and the shot reasonable enough to assume that Drejka truly believed that he was in imminent danger of grave bodily harm or death when he pulled the trigger. If they believe that any normal person should've held off the trigger pull once McGlockton turned away, then Drejka will most likely be convicted of murder.
I suppose they could consider the innocence factor, being that Drejka initiated the situation. Once he got pushed down, though, I think that goes away. Unless his prior actions at the gas station in previous days comes into play (not sure if that is admissible or not).
I think Drejka is an asshole. I hate that he was an irresponsible armed carrier in that he decided to instigate situations that put himself in a position where the use of force was more likely or even inevitable. That is not what concealed carriers should be doing.
https://legalinsurrection.com/2019/08/handicap-spot-trial-triggers-fakenews-tsunami/
My interest is in what the jury does with this case. IMO, I think that this boils down to imminence and reasonableness. Was Drejka's fear reasonable; i.e. would it be reasonable that any normal person in that exact situation knowing what Drejka knew would act the same way? Was the threat imminent? In the video, McGlockton turns away which the jury may see as eliminating imminence. But they will probably be asked to consider when Drejka made the decision and was the time between McGlockton turning and the shot reasonable enough to assume that Drejka truly believed that he was in imminent danger of grave bodily harm or death when he pulled the trigger. If they believe that any normal person should've held off the trigger pull once McGlockton turned away, then Drejka will most likely be convicted of murder.
I suppose they could consider the innocence factor, being that Drejka initiated the situation. Once he got pushed down, though, I think that goes away. Unless his prior actions at the gas station in previous days comes into play (not sure if that is admissible or not).
I think Drejka is an asshole. I hate that he was an irresponsible armed carrier in that he decided to instigate situations that put himself in a position where the use of force was more likely or even inevitable. That is not what concealed carriers should be doing.
https://legalinsurrection.com/2019/08/handicap-spot-trial-triggers-fakenews-tsunami/
