Michael Drejka Convicted Of Manslaughter In Infamous Parking Lot Shooting

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Legio
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Re: Michael Drejka Convicted Of Manslaughter In Infamous Parking Lot Shooting

Post by Legio » Thu Aug 29, 2019 1:03 pm

@Firemedic2000 I hear you. Sad but as you said the mentality now is me, me and I.
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Post by P5 Guy » Thu Aug 29, 2019 1:14 pm

OMLM
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Post by dammitgriff » Sun Sep 01, 2019 4:29 pm

I heard a police officer in a CC class state that even if you are assaulted with a baseball bat and have bones broken, one judge or jury may differ from another in determining whether your life was, in fact, in imminent danger, unless you were struck on the head.
As far as that goes, a person under such duress cannot reasonably determine intent of his attacker (kill or just maim?) and must be ready to meet force with force to preserve his own life, up to and including taking the life of the aggressor.
Being pushed to the ground by someone doesn’t justify drawing your weapon. Being punched in the face doesn’t justify it. Getting hit in the kneecap with a 2X4 might justify drawing but not firing if that action alone de-escalates the threat to yourself.
In Brown vs. U.S. (1921), the Supreme Court reversed a lower court's conviction holding “that if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant he may stand his ground and that if he kills him he has not exceed the bounds of lawful self-defense.”
Supreme Court Justice Oliver Wendell Holmes stated that “Detached reflection cannot be demanded in the presence of an uplifted knife.
Therefore, in this Court, at least, it is not a condition of immunity that one in that situation should pause to consider whether a reasonable man might not think it possible to fly with safety or to disable his assailant rather than to kill him.”

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Post by tcpip95 » Sun Sep 01, 2019 5:55 pm

Griff, agree with what SCOTUS and in particular what Holmes said.

However, SCOTUS of 1921 and Holmes didn't have the benefit of instant replay. The dead guy made a football move towards Drejka, until Drejka pulled the gun. When he pulled the gun, the dead guy backed away. That's when the idiot pulled the trigger. Maybe too scared; don't know, but had it not been for instant replay he most likely would have walked. He was wrong to shoot the guy, even more wrong to go looking for a fight. He had no SYG defense IMHO.

Moral of the story: there is instant replay everywhere today.

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CaptBarty
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Post by CaptBarty » Mon Sep 02, 2019 1:46 pm

I have very mixed feelings about this, lacking the critical evidence of the >>complete<< video. We always see the (soon to be) deceased backing up a step, but the clip ends there. It looked to me that it was quite possible he was going into a boxing stance, again lacking the video to see one way or the other. In that case, it would be "Get up and you'll get your block knocked off."

Of course, if Drejka the jackass parking cop wannabe, had minded his business and kept his mouth shut to begin with, none of this would ever have happened.

If I came out of a store and saw someone giving my wife a hard time, there might have been a few words, which might have escalated had he raised a hand. If someone blind sides me, knocks me to the ground, and stands over me or close enough, he might see a 1911. The next move is up to him. Monday morning quarterbacking ain't easy.
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Legio
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Post by Legio » Tue Sep 03, 2019 1:06 pm

The video did not stop there. After the guy was shot, you can see him running toward the store.
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CaptBarty
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Post by CaptBarty » Tue Sep 03, 2019 2:28 pm

Legio wrote:
Tue Sep 03, 2019 1:06 pm
The video did not stop there. After the guy was shot, you can see him running toward the store.

OK, the only video I've seen was on the regular commercial news, and I've never seen the other guy go back to the store. In the case of a full video, the jury made the right decision. Drejka compounded his initial troublemaking. Thanks.
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Tenzing_Norgay
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Post by Tenzing_Norgay » Tue Sep 03, 2019 5:45 pm

CaptBarty wrote:
Tue Sep 03, 2019 2:28 pm

OK, the only video I've seen was on the regular commercial news, and I've never seen the other guy go back to the store. In the case of a full video, the jury made the right decision. Drejka compounded his initial troublemaking. Thanks.

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Post by dammitgriff » Tue Sep 03, 2019 7:25 pm

On top of the rest of the stupidity...
Whatever the shooter was armed with did not immediately drop the victim with the shot.
Another lesson within a lesson.

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Post by Mannlicher » Mon Sep 09, 2019 7:41 pm

What this sad story really points out, is how important minding your own damn business can be.

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