Stand-your-ground laws under scrutiny
Statutes back in spotlight after fatal shooting over a Fla. parking space
Mark O’Mara, the lawyer who helped put “stand your ground” in the national lexicon when he defended George Zimmerman in the fatal shooting of Trayvon Martin, is quick to note he didn’t use the defense and isn’t a fan of Florida’s law.
The statute is under scrutiny again more than six years later – this time after a fatal altercation over a handicapped parking space outside a convenience store in Clearwater, Florida.
Video from the scene a week ago shows Markeis McGlockton, a black father of three, push Michael Drejka, who is white, to the ground. Drejka draws a handgun and fires one shot. McGlockton stumbles away and later died.
Thursday, Benjamin Crump, who represents McGlockton’s family and also represented Martin’s family after the shooting in 2012, expressed outrage over the decision not to charge Drejka and called for changes to Florida’s “discriminatory” statute.
“We are here to demand justice for the cold-blooded murder of Markeis McGlockton by the self-appointed, wannabe cop Michael Drejka,” he said.
Pinellas County Sheriff Bob Gualtieri, in announcing his decision to file no charges, has said the law grants immu- nity from arrest.
O’Mara said he understands why Gualtieri didn’t arrest Drejka, who has a concealed-carry permit and who could have faced thousands of dollars in legal fees. An improper arrest might have left the the sheriff ’s office vulnerable in a civil case, O’Mara said.
“The problem I have is that people misinterpret the statute and are emboldened to use a gun,” he said. “Look at this case. Pointing the gun? Absolutely. Shooting a warning shot? Fine. But shooting him?”
Most states have some form of a stand-your-ground law. Florida’s says people have no “duty to retreat” if they believe deadly force is necessary to prevent death or serious bodily harm.