By Dan Zimmerman via TTAG
The Florida parking lot incident in which Michael Drejka shot and killed Markeis McGlockton after McGlockton pushed him to the ground has been a big topic of discussion. Pinellas County Sheriff Bob Gualtieri declined to charge Drejka based on his reading of the state’s ‘stand your ground’ law. But he referred the case to prosecutors.
State Attorney Bernie McCabe’s decision to charge Drejka signals that prosecutors believe they can show by “clear and convincing” evidence that a stand your ground defense is not applicable in Drejka’s case.
State legislators revised the law last year to put the onus on prosecutors to disprove a stand your ground claim instead of on defense attorneys to prove one.
Several questions must be considered in deciding whether someone can be protected under the law when they use force: Was the person acting lawfully? Did the person have a right to be there? And was the person in reasonable fear of serious injury or death?
The attorney that represented Trayvon Martin’s family, Benjamin Crump, is representing Tiffany Jacobs, McGlockton’s girlfriend who was part of the …Read the Rest
Source:: Concealed Nation