OtherGround Forums Florida Man Stands his Ground over Parking Dispute

Edited: 8/23/18 3:20 PM
6/8/08
Posts: 10214
Fake Pie - I'll take your apology any time. I don't mind being debated, I've been wrong plenty of times, but you just said I lied intentionally. Not only was I telling the truth, but I wasn't even wrong.

well, then I'm sorry! I did not know that, you did. 

I have no problem admitting I was wrong, when I'm proven wrong by facts. What's why I'm here. 

8/23/18 3:20 PM
6/8/08
Posts: 10215

after the new accounts about that asshole, I'm sleeping well at night knowing that the guy he gunned down absolutely must have been an incredibly dangerous agressor and that asshole hated to draw and shoot, but just was forced to.

 

-_-

8/23/18 3:27 PM
12/2/05
Posts: 74579
Average - 
Fake Pie - I'll take your apology any time. I don't mind being debated, I've been wrong plenty of times, but you just said I lied intentionally. Not only was I telling the truth, but I wasn't even wrong.

well, then I'm sorry! I did not know that, you did. 

I have no problem admitting I was wrong, when I'm proven wrong by facts. What's why I'm here. 


Thanks bro. Sorry if that was a bit harsh. Like I said, I wouldn't have cared if it was just the debate about what the word means legally, but the accusation that I knowingly lied was what got me a bit. You should know I don't do that crap on here.
8/23/18 3:28 PM
12/2/05
Posts: 74580
Average - 

after the new accounts about that asshole, I'm sleeping well at night knowing that the guy he gunned down absolutely must have been an incredibly dangerous agressor and that asshole hated to draw and shoot, but just was forced to.

 

-_-


Yeah with these other accounts, the guy definitely needs to be locked up. I don't think any of those are going to be admissible though, and so I still think it's more likely than not that he will get off.
8/23/18 3:54 PM
1/27/14
Posts: 5635
Fake Pie -
Average - 
Fake Pie -
Average -
pfsjkd -
OpenedUp - 
tourist -
pfsjkd - 
tourist - What do you think the actual potential for the shover to let it go would be? 50/50? What do you think the shover was saying to the shooter while he stood over him? I imagine it was some pretty terrifying stuff like "motherfucker you move and I'm a kill you". Maybe he was apologizing for over-reacting and assaulting him, but I doubt it.

On the surface of the legal situation, I think it was in keeping with florida law.

You can’t necessarily attack somebody because of their potential to harm you. There has to be facts you articulate to show that you were in imminent danger. A guy backing up after he pushed you doesn’t support a conclusion that you’re going to be imminently attacked even though he COULD easily attack you viscously given that you’re now on the ground and he’s not. 

All the videos you could show of people getting knocked to the ground and beaten have a bearing in that in all cases the attacker had to move *toward* the victim, unlike what this guy did to the shooter. 


Well, he had already been battered and likely scared shitless. I don't know what the conversation was, but he might have been backing up to get the perfect distance for a soccer kick to the head. Or he could have rushed the guy if he tried to get up off the ground. These are the thoughts the shooter was likely to have.

The big fact is that if he hadn't attacked the guy he would still be alive. If he hadn't illegally parked in the handicapped zone the dude wouldn't have given his wife shit and nothing at all would have happened.

There are lessons here for everyone.

Battered? 


Yes. Battered.

Words. They don't mean anything anymore, right? 

lol@battered. Learn the language. 

Battered just means touched without consent 

You are better than that Fake Pie. Don't all of a sudden become a google disabled person. But you knew it was wrong before you wrote it, if we're being honest. 

https://www.merriam-webster.com/dictionary/battered


I was giving the legal definition.

Battery
At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.

I doubt that guy meant battery, if he did he needed to word it better. The way his post came off was as if the asshole was taking a sustained beating 

8/23/18 3:56 PM
12/2/05
Posts: 74586
OpenedUp - 
Fake Pie -
Average - 
Fake Pie -
Average -
pfsjkd -
OpenedUp - 
tourist -
pfsjkd - 
tourist - What do you think the actual potential for the shover to let it go would be? 50/50? What do you think the shover was saying to the shooter while he stood over him? I imagine it was some pretty terrifying stuff like "motherfucker you move and I'm a kill you". Maybe he was apologizing for over-reacting and assaulting him, but I doubt it.

On the surface of the legal situation, I think it was in keeping with florida law.

You can’t necessarily attack somebody because of their potential to harm you. There has to be facts you articulate to show that you were in imminent danger. A guy backing up after he pushed you doesn’t support a conclusion that you’re going to be imminently attacked even though he COULD easily attack you viscously given that you’re now on the ground and he’s not. 

All the videos you could show of people getting knocked to the ground and beaten have a bearing in that in all cases the attacker had to move *toward* the victim, unlike what this guy did to the shooter. 


Well, he had already been battered and likely scared shitless. I don't know what the conversation was, but he might have been backing up to get the perfect distance for a soccer kick to the head. Or he could have rushed the guy if he tried to get up off the ground. These are the thoughts the shooter was likely to have.

The big fact is that if he hadn't attacked the guy he would still be alive. If he hadn't illegally parked in the handicapped zone the dude wouldn't have given his wife shit and nothing at all would have happened.

There are lessons here for everyone.

Battered? 


Yes. Battered.

Words. They don't mean anything anymore, right? 

lol@battered. Learn the language. 

Battered just means touched without consent 

You are better than that Fake Pie. Don't all of a sudden become a google disabled person. But you knew it was wrong before you wrote it, if we're being honest. 

https://www.merriam-webster.com/dictionary/battered


I was giving the legal definition.

Battery
At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.

I doubt that guy meant battery, if he did he needed to word it better. The way his post came off was as if the asshole was taking a sustained beating 


Battered is the correct verb usage of battery. It was 100% clear to me he meant the legal usage of the word, since this entire thread has been a debate on the legality of the shooting.
8/23/18 3:58 PM
1/27/14
Posts: 5636

I’ve never seen it used that way and I googled it to double check and still didn’t see it used like that. My bad 

8/23/18 4:15 PM
12/2/05
Posts: 74588
2 seconds of google, from a court opinion:

" Instead, the State established that the defendant battered the victim through the testimony of three individuals who heard the victim say that the defendant had struck her."
8/23/18 4:28 PM
5/13/11
Posts: 44043
Fake Pie -
Samoa - 

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. 

8/23/18 4:31 PM
5/13/11
Posts: 44044
Fake Pie -
Average - 
Fake Pie - I'll take your apology any time. I don't mind being debated, I've been wrong plenty of times, but you just said I lied intentionally. Not only was I telling the truth, but I wasn't even wrong.

well, then I'm sorry! I did not know that, you did. 

I have no problem admitting I was wrong, when I'm proven wrong by facts. What's why I'm here. 


Thanks bro. Sorry if that was a bit harsh. Like I said, I wouldn't have cared if it was just the debate about what the word means legally, but the accusation that I knowingly lied was what got me a bit. You should know I don't do that crap on here.

Except in the troll titles sometimes... ;-)

8/23/18 4:58 PM
1/27/14
Posts: 5637
Fake Pie - 2 seconds of google, from a court opinion:

" Instead, the State established that the defendant battered the victim through the testimony of three individuals who heard the victim say that the defendant had struck her."

Your googlefu is better than mine 

8/23/18 5:30 PM
12/2/05
Posts: 74595
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Average - 
Fake Pie - I'll take your apology any time. I don't mind being debated, I've been wrong plenty of times, but you just said I lied intentionally. Not only was I telling the truth, but I wasn't even wrong.

well, then I'm sorry! I did not know that, you did. 

I have no problem admitting I was wrong, when I'm proven wrong by facts. What's why I'm here. 


Thanks bro. Sorry if that was a bit harsh. Like I said, I wouldn't have cared if it was just the debate about what the word means legally, but the accusation that I knowingly lied was what got me a bit. You should know I don't do that crap on here.

Except in the troll titles sometimes... ;-)


There's a difference between a joke and a lie :)
8/23/18 5:31 PM
12/2/05
Posts: 74596
OpenedUp - 
Fake Pie - 2 seconds of google, from a court opinion:

" Instead, the State established that the defendant battered the victim through the testimony of three individuals who heard the victim say that the defendant had struck her."

Your googlefu is better than mine 


What does make it a bit hard is that the word is most often used in that form in the legal context when discussing battered woman syndrome.
8/23/18 5:32 PM
12/2/05
Posts: 74597
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Samoa - 

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.
8/23/18 5:43 PM
1/1/01
Posts: 44501
Fake Pie -
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Samoa - 

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."

Edited: 8/23/18 7:26 PM
5/13/11
Posts: 44055
Fake Pie -
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Samoa - 

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.

Yes but it is the defense that is a defense of mental state. So in this case the prosecution should be able to present any evidence to counter their defense, that is relevant to his mental state at the time. 

 

If he has a history of these exact confrontations (not crimes), that include threats of violence and provocation, that speaks to his mental state. Up to a judge ultimately but I would allow it. 

 

Much like they allowed all the gay stuff in the staircase case. Completely irrelevant to the crime itself, but allowed in to speak to possible motive/state of mind. 

8/23/18 8:00 PM
12/2/05
Posts: 74608
FETT_Lay'n'PrayNINJA -
Fake Pie -
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Samoa - 

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.

Yes but it is the defense that is a defense of mental state. So in this case the prosecution should be able to present any evidence to counter their defense, that is relevant to his mental state at the time. 

 

If he has a history of these exact confrontations (not crimes), that include threats of violence and provocation, that speaks to his mental state. Up to a judge ultimately but I would allow it. 

 

Much like they allowed all the gay stuff in the staircase case. Completely irrelevant to the crime itself, but allowed in to speak to possible motive/state of mind. 

Motive is a possible exception so we will see. I don't think it will come in. I did get best exam in my evidence class! 

8/23/18 8:01 PM
12/2/05
Posts: 74609
Samoa -
Fake Pie -
FETT_Lay'n'PrayNINJA - 
Fake Pie -
Samoa - 

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."

Yep state of mind is possible. It will be a fight. The judge has to balance that against the prejudicial nature of allowing it in. 

8/23/18 8:14 PM
1/1/01
Posts: 41706
Fake Pie -
Average - 
Fake Pie -
Average -
pfsjkd -
OpenedUp - 
tourist -
pfsjkd - 
tourist - What do you think the actual potential for the shover to let it go would be? 50/50? What do you think the shover was saying to the shooter while he stood over him? I imagine it was some pretty terrifying stuff like "motherfucker you move and I'm a kill you". Maybe he was apologizing for over-reacting and assaulting him, but I doubt it.

On the surface of the legal situation, I think it was in keeping with florida law.

You can’t necessarily attack somebody because of their potential to harm you. There has to be facts you articulate to show that you were in imminent danger. A guy backing up after he pushed you doesn’t support a conclusion that you’re going to be imminently attacked even though he COULD easily attack you viscously given that you’re now on the ground and he’s not. 

All the videos you could show of people getting knocked to the ground and beaten have a bearing in that in all cases the attacker had to move *toward* the victim, unlike what this guy did to the shooter. 


Well, he had already been battered and likely scared shitless. I don't know what the conversation was, but he might have been backing up to get the perfect distance for a soccer kick to the head. Or he could have rushed the guy if he tried to get up off the ground. These are the thoughts the shooter was likely to have.

The big fact is that if he hadn't attacked the guy he would still be alive. If he hadn't illegally parked in the handicapped zone the dude wouldn't have given his wife shit and nothing at all would have happened.

There are lessons here for everyone.

Battered? 


Yes. Battered.

Words. They don't mean anything anymore, right? 

lol@battered. Learn the language. 

Battered just means touched without consent 

You are better than that Fake Pie. Don't all of a sudden become a google disabled person. But you knew it was wrong before you wrote it, if we're being honest. 

https://www.merriam-webster.com/dictionary/battered


I was giving the legal definition.

Battery
At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.

Fucking this. Jesus Christ. LOL. What the hell else would someone think ‘battered’ was in reference to in this thread???

8/23/18 8:15 PM
5/13/11
Posts: 44061
pfsjkd -
Fake Pie -
Average - 
Fake Pie -
Average -
pfsjkd -
OpenedUp - 
tourist -
pfsjkd - 
tourist - What do you think the actual potential for the shover to let it go would be? 50/50? What do you think the shover was saying to the shooter while he stood over him? I imagine it was some pretty terrifying stuff like "motherfucker you move and I'm a kill you". Maybe he was apologizing for over-reacting and assaulting him, but I doubt it.

On the surface of the legal situation, I think it was in keeping with florida law.

You can’t necessarily attack somebody because of their potential to harm you. There has to be facts you articulate to show that you were in imminent danger. A guy backing up after he pushed you doesn’t support a conclusion that you’re going to be imminently attacked even though he COULD easily attack you viscously given that you’re now on the ground and he’s not. 

All the videos you could show of people getting knocked to the ground and beaten have a bearing in that in all cases the attacker had to move *toward* the victim, unlike what this guy did to the shooter. 


Well, he had already been battered and likely scared shitless. I don't know what the conversation was, but he might have been backing up to get the perfect distance for a soccer kick to the head. Or he could have rushed the guy if he tried to get up off the ground. These are the thoughts the shooter was likely to have.

The big fact is that if he hadn't attacked the guy he would still be alive. If he hadn't illegally parked in the handicapped zone the dude wouldn't have given his wife shit and nothing at all would have happened.

There are lessons here for everyone.

Battered? 


Yes. Battered.

Words. They don't mean anything anymore, right? 

lol@battered. Learn the language. 

Battered just means touched without consent 

You are better than that Fake Pie. Don't all of a sudden become a google disabled person. But you knew it was wrong before you wrote it, if we're being honest. 

https://www.merriam-webster.com/dictionary/battered


I was giving the legal definition.

Battery
At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.

Fucking this. Jesus Christ. LOL. What the hell else would someone think ‘battered’ was in reference to in this thread???

Fish sticks? 

 

I like fish sticks...

8/23/18 8:16 PM
1/1/01
Posts: 44503

I don't know if the previous incidents will get in (I would think that if the defense is going to argue anything "state of mind" it opens the doors to previous incidents that shows his state of mind) but I do know that in my opnion that guy shouldn't be out in the public walking around with a gun.  He is EXACTLY the idiot that gives responsible gun owners a bad name.  Chasing people down in traffice, flaunting his gun, brake-checking women with kids in the car, getting in to arguments with people over parking spots and then finally killing someone.  Fuck that guy.

8/23/18 8:21 PM
1/1/01
Posts: 41707

FP, do you think Drejka will take the stand? On one hand he has to establish that he was in fear for his life. Not being a lawyer, how could that be done without him taking the stand?

But if he *does* take the stand he could say something that opens the door to his state of mind. Then ALL that shit he’s done before could become fair game for the prosecutor to bring up, right?

8/23/18 8:30 PM
12/2/05
Posts: 74613
pfsjkd -

FP, do you think Drejka will take the stand? On one hand he has to establish that he was in fear for his life. Not being a lawyer, how could that be done without him taking the stand?

But if he *does* take the stand he could say something that opens the door to his state of mind. Then ALL that shit he’s done before could become fair game for the prosecutor to bring up, right?

The state has to prove he didn't reasonably fear for his life. He doesn't have to and I think no way he does. It could lead to all kinds of things like bringing in this prior shit to impeach anything he says. Zimmerman never took the stand. Most defendants don't. 

8/23/18 8:30 PM
12/2/05
Posts: 74614

Hr also sounds like a terrible witness. 

8/23/18 9:27 PM
1/27/14
Posts: 5638
Fake Pie -

Hr also sounds like a terrible witness. 

He sounds like a terrible human being