Fake Pie -
Fake Pie -
A couple of months ago, Drejka was in the same parking lot outside the same Circle A Food Store at 1201 Sunset Point Road arguing over the same handicap-reserved space, according to a man who said Drejka threatened to shoot him.
Rick Kelly, 31, told the Tampa Bay Times that Drejka circled his tanker truck and confronted him about why he parked there.
Kelly asked why it mattered. He recalled that Drejka said his mom (whom records show died in 2007) is handicapped.
The argument escalated. Drejka yelled, Kelly said, and used a racial slur. Kelly is black. Drejka is white.
Drejka, he said, threatened to shoot him.
But the dispute didn’t end there.
Drejka called the Clearwater septic tank company Kelly works for to complain, telling owner John Tyler that he didn’t like the way Kelly had talked to him and that he was "lucky I didn’t blow his head off."
Tyler, a gun owner himself, told the Times he was shocked.
"I said, ‘I’m sorry you feel that way, that you feel that it’s justified to take someone’s life over a parking space,’" he said. "That was the chilling part about it when I found out who it was with the (McGlockton) situation."
That's pretty telling. Likely not admissible though (but maybe).
It certainly should be admissible in a case where the only defense (since the killing is on video) is that the shooter felt his life was in imminent danger.
Prior bad acts are generally not admissible.
Can you imagine how easy it would be to convict a guy on robbery if you could introduce that he had committed 4 previous robberies? Defendants with rap sheets would have zero chance.
These aren't even convictions.
Not sure how they would get them in... but I'm thinking about it.
What do you think about this?
Legal experts said Drejka’s previous road rage incidents could come into play if he is charged, especially if his defense team were to argue stand your ground.
The statute applies when a person has reasonable fear for his life or serious injury. Shortly before the shooting, surveillance footage shows, McGlockton pushed Drejka to the ground as Drejka argued with McGlockton’s girlfriend about the handicap-reserved parking space.
Former Pinellas prosecutor Bill Loughery said the other dispute over parking at the store, and the two driving confrontations involving guns, could show Drejka "uses his gun in an unreasonable fashion."
"(If) he had a propensity to use or show his gun in unreasonable circumstances, that would definitely affect whether he behaved in a reasonable manner," Loughery said.
Bob Dekle, a former prosecutor and professor emeritus at the University of Florida, said prior cases are not always admissible, but prosecutors may argue Drejka’s history offers evidence about his mindset.
"If he wasn’t in fear," Dekle said, "self defense is not an issue and stand your ground is not an issue."