Clearwater Stand Your Ground Case Now In State Attorney's Hands

CLEARWATER, FL – The Stand Your Ground Shooting of Clearwater resident Markeis McGlockton is now in the hands of the State Attorney’s Office.

After wrapping up its investigation, the Pinellas County Sheriff’s Office turned over the case to Pinellas-Pasco County State Attorney Bernie McCabe Wednesday afternoon, Aug. 1.

It is now up to McCabe’s office to decide if McGlockton’s shooter, Michael Drejka, is immune from prosecution under the state’s Stand Your Ground law or if he will face charges.

Following weekend protests and an onslaught of criticism, Pinellas County Sheriff Bob Gualtieri held a press conference Tuesday, July 31, to defend his decision not to arrest Drejka following the shooting at a Clearwater convenience store.

On July 19, Drejka, 47, shot and killed McGlockton, 28, in the store's parking lot after Drejka got into an argument with McGlockton's girlfriend, Britany Jacobs, 24, over her illegally parking in a handicapped parking space.

McGlockton, who was inside the store when Drejka approached Jacobs, came out and shoved Drejka to the ground. While still on the ground, Drejka, who has a valid concealed weapons permit, pulled out his gun and shot McGlockton. McGlockton stumbled into the convenience store and fell at the feet of his 5-year-old son, Markeis McGlockton Jr. He was transported to the hospital where he died.

When deputies arrived, Drejka claimed he acted within the guidelines of Florida Stand Your Ground law, which allows a person to defend himself if he’s in fear for his life.

Under the law, when someone claims the Stand Your Ground defense and meets the parameters of the law, he cannot be arrested or taken into custody, Gualtieri said during the press conference.

Instead, said Gualtieri, the law mandates that the investigating agency turn over the case to the state attorney’s office, which then has the burden of proof in determining whether or not the Stand Your Ground defense is valid.

The Pinellas County Ministerial Alliance and the Clearwater/Upper Pinellas County Branch of the NAACP were expected to attend Gualtieri’s press conference on Tuesday but canceled a half an hour before.

Instead, NAACP branch president, Marva McWhite, sent a letter to the U.S. Department of Justice requesting a review of the case.

Dear Attorney General Sessions and Assistant Attorney General Gore:

We are writing to request that the Department of Justice Civil Rights Division Criminal Section open an investigation into the death of Markeis McGlockton at the hands of Michael Drejka in Clearwater, Florida, on July 19, 2018.

Thank you for your immediate attention to this matter.

That request to the DOJ was reiterated by U.S. Sen. Bill Nelson, D-FL, U.S. Rep. Charlie Crist, D-Fl, and other members of Congress, which forwarded their own letter to the DOJ on July 27.

“We have no intentions of standing with the sheriff on this issue,” McWhite said in a statement Tuesday. “We have from the onset called for an arrest. We have never wavered, and we will continue to demand justice.”

Gualtieri said he was confused by the groups’ sudden decision not to attend the press conference.

He said he met with representatives last week and was under the impression that they understood his position.

“The sheriff made mention in his press conference that he met with both groups and thought we were on the same page,” McWhite said. “The page we are on is that we were still calling for an arrest. The sheriff made it clear that ‘the bus had left his station,’ so the next stop (State Attorney McCabe’s office) would have to address this issue. We agreed that the sheriff should let the community know that the buck did not stop with his refusal to arrest Mr. Drejka.”

McGlockton’s family is also calling for Drejka’s arrest. They have hired Tallahassee attorney Benjamin Crump who represented Trayvon Martin’s family in the well-publicized Stand Your Ground case in which security guard George Zimmerman shot and killed the 17-year-old teen in a gated community in Sanford.

Since then the McGlockton family has attracted a new ally. Civil rights leader, the Rev. Al Sharpton, will attend a “Rally for Justice” for Markeis McGlockton. The rally is scheduled for Aug. 5 from 4 to 6:30 p.m. at St. John Primitive Baptist Church, 1002 Palmetto St., Clearwater.

Related stories:

Detractors A No Show At Stand Your Ground Press Conference

Pinellas Sheriff: Stand Your Ground Applies In July 19 Shooting

Trayvon Martin's Lawyer Joins Clearwater Stand Your Ground Case

Attorney Says Stand Your Ground Defense Not Justified In Shooting

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Image via NAACP