Pinellas Sheriff: Stand Your Ground Applies In July 19 Shooting

CLEARWATER — An argument over a handicapped parking space has left a Clearwater man dead and his shooter immune from arrest under Florida’s Stand Your Ground law.

The fatal shooting took place just at 3:28 p.m. Thursday, July 19, at the Circle A food store at 1201 Sunset Point Road in unincorporated Clearwater.

During a press conference Friday, Pinellas County Sheriff Bob Gualtieri announced that the sheriff’s office will not pursue a case against the shooter because the man’s actions fall within the parameters of the Florida Legislature’s Stand Your Ground law. The law allows residents to use lethal force to defend themselves if they are in fear for their lives.

Gualtieri said the shooting occurred after 24-year-old Britany Jacobs pulled her 2016 Chrysler 2000 into a handicapped parking space outside the convenience store.

Jacobs waited outside with her 3-year-old and 3-month-old children while her boyfriend, Markeis McGlockton, 28, and their 5-year-old son went into the store.

While Jacobs was waiting outside, she was approached by Michael Drejka, 47, who had examined Jacob’s car and determined that she didn’t have a handicapped permit allowing her to park in the handicapped space.

“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 went into the store to report the argument to the clerk. Overhearing this, McGlockton left the store to check on his girlfriend.

Witnesses said McGlockton walked over to Drejka, who was still arguing with Jacobs. and confronted him. That's when McGlockton pushed Drejka to the ground.

“It wasn’t just a shove,” said Gualtieri, “It was a violent push. He slammed him to the ground.”

Gualtieri said what occurred during the next four seconds gave Drejka the leeway to use the Stand Your Ground defense.

Instead of turning away, McGlockton stood facing Drejka, who had fallen onto his rear end.

“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, just reached into his pocket, pulled out a handgun and shot McGlockton once in the chest.

Gualtieri said surveillance video from the parking lot shows McGlockton clutching his chest and stumbling back into the store where he collapsed.

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

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.”

According to the law, the sheriff’s office can’t even arrest the person claiming the Stand Your Ground defense.

“They have immunity from arrest and can bring civil action against the law enforcement agency, making it liable for court costs and attorney’s fees,” said Gualtieri.

In fact, the Legislature amended the Stand Your Ground law during the last legislative session, placing the burden of proof on the State Attorney’s Office on why the Stand Your Ground law does not apply.

“Before Stand Your Ground, a case like this might have had a different outcome,” said Gualtieri. “There’s that four-second pause (before Drejka shot McGlockton). That pause gives me pause; it gives me some concern. Just because you can, doesn’t mean you should. But we don’t get to make a judgement about Drejka’s feelings and actions.”

Gualtieri said there could have been a different outcome. McGlockton could have walked away or Drejka could have pointed the gun at McGlockton and not fired.

“I’m not going to substitute my judgement for Drejka’s judgement. It doesn’t matter what I would have done,” he said. “No matter how you slice it and dice it, that was a violent push to the ground. (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.”

Nevertheless, Gualtieri said he’ll refer the case to the State Attorney’s Office, which will make the final determination on whether Drejka should be charged.

Image via Pinellas Sheriff