Attorney Says Stand Your Ground Defense Not Justified In Shooting

CLEARWATER, FL – During a press conference in Clearwater, the family of a 28-year-old man killed in what authorities are calling a Stand Your Ground shooting pleaded with Pinellas-Pasco County State Attorney Bernie McCabe to prosecute the shooter.

During the press conference Tuesday, July 24 attorney Michele Rayner said allowing Michael Drejka, 47, to use the Stand Your Ground defense in the shooting death of Markeis McGlockton Sr., 28, is tantamount to “sanctioning murder.”

The shooting death of McGlockton on Thursday, July 19 at the Circle A food store in unincorporated Clearwater has revived discussion about the controversial 2005 state law that allows a person to use deadly force against someone if he feels his life is in jeopardy.

The law ignited national debate six years ago when George Zimmerman used the defense to justify shooting and killing Trayvon Martin, a 17-year-old unarmed teen walking inside a gated community in Sanford in 2012. Zimmerman was acquitted of second-degree murder and manslaughter charges and declared justified in using lethal force.

Noting that both Martin and McGlockton are black, the Clearwater/Upper Pinellas County Branch of the NAACP called the law a “license to kill black people.” It organized a vigil at Mount Carmel Baptist Church in Clearwater attended by more than 150 supporters including McGlockton’s girlfriend, Britany Jacobs, 24, and their 5-year-old son, Markeis McGlockton Jr., who witnessed his father getting shot.

Afterward, attendees marched more than a mile to the Circle A store where they held a rally protesting Drejka’s use of the Stand Your Ground defense.

The shooting occurred after McGlockton's fiance, Britney Jacobs, pulled her 2016 Chrysler 2000 into a handicapped parking space outside the convenience store because she said there were no non-handicapped spaces available.

Jacobs waited outside with the couple's 3-year-old and 3-month-old children while McGlockton and their 5-year-old son went into the store to purchase some drinks and snacks (see related story.)

While Jacobs was waiting in the parking lot, she was approached by Drejka who noted that she didn’t have a handicapped permit.

"He was a frequent customer at the store and apparently had an issue with people who park illegally in handicapped spaces," said Gualtieri. "He approached Jacobs and they got into a pretty significant yelling match."

Gualtieri said a customer who was alarmed by the vehemence of the argument went into the store to report it to the store clerk. Overhearing this, McGlockton left the store and went to his girlfriend’s defense.

Witnesses said McGlockton confronted Drejka, who was still arguing with Jacobs. McGlockton reacted by pushing Drejka to the ground.

"It wasn't just a shove," said Gualtieri, "It was a violent push. He slammed him to the ground."

The next four seconds caught on surveillance video is crucial to Drejka’s Stand Your Ground defense.

Instead of walking away or apologizing, McGlockton stood facing Drejka, who was on the ground.

"He (Drejka) felt that, after being slammed to the ground, he was going to be attacked again. He thought he was in peril," said Gualtieri.

No words were exchanged between the two men, Gualtieri said. Drejka, who has a valid concealed weapons permit, reached into his pocket, pulled out a handgun and shot McGlockton once in the chest.

The surveillance video shows McGlockton clutching his chest and stumbling into the store where he collapsed.

Paramedics responded and transported McGlockton to Morton Plant Hospital where he died from the gunshot wound.

Drejka put his gun in his vehicle and waiting for sheriff’s deputies to arrive.

After studying the surveillance video, speaking to witnesses and then reviewing Florida's Stand Your Ground law, Gualtieri concluded that there was no basis to arrest Drejka.

"The law on Stand Your Ground is clear," said Gualtieri. "The Florida Legislature has spoken on this. It's largely a subjective standard. If a person determines he's in fear of his life, then lethal force is justified."

The sheriff's office can't even arrest the person claiming the Stand Your Ground defense. The Legislature amended the Stand Your Ground law during the 2018 legislative session, placing the burden of proof on the State Attorney’s Office to determine if the Stand Your Ground law applies.

On Tuesday, July 24, McGlockton’s father, Michael, 46, pleaded with McCabe to “do the right thing” and prosecute Drejka.

“We just want justice,” he said, saying his son was simply defending his family.

Michael McGlockton maintained that Drejka had no cause to shoot his son, who he said stepped back and put up his hands after pushing Drejka to the ground.

“He wasn’t a threat,” said McGlockton. “This is not a Stand Your Ground case.”

McCabe’s office said it is awaiting the case files on the shooting.

In the meantime, the community is polarized over Drejka's use of the Stand Your Ground defense.

Circle A store owner Ali Salous said he witnessed a similar heated argument between Drejka and another man who had illegally parked in a handicapped space two months ago. He said Drejka repeatedly antagonized customers at the store.

Others say this could have been avoided if McGlockton hadn't shoved Drejka.

“This would have been prevented if the guy (McGlockton) would have kept his hands to himself,” commented Jessica Tucker in a Clearwater Patch Facebook post.

“The stupidest law on the books – already misused dozens of time to protect aggressive killers,” countered Peter Roderick Edwards.

While he may have handled the situation differently, Gualtieri said his hands are tied.

“Just because you can, doesn't mean you should,” he said. “But we don't get to make a judgement about Drejka's feelings and actions.

“No matter how you slice it and dice it, that was a violent push to the ground,” Gualtieri said. “(Drejka) felt he had a reasonable belief that this guy was coming after him again and he was going to be harmed. He felt he had to shoot to defend himself."

Images via Twitter, Patch.com

Britney Jacobs speaks at Tuesday's press conference with attorney Michele Rayner.

Michael McGlockton addresses the media.

Markeis McGlockton with two of his three children.

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