Anthony Branca is an attorney specializing in self-defense and personal protection laws. He offers legal training courses for gun owners and a weekly Law of Self Defense show on his website at Patreon. Branca is also a contributor to Legal Insurrection and posted this shortly after this Florida incident broke in the news.
There’s been a shooting in Florida (naturally?) that resulted over an argument about a non-handicapped person parking in a handicapped parking spot, and it was captured on a rather poor quality surveillance camera recording, according to news reports.
It seems that the shooter, 47-year-old Michael Drejka (who happens to be white), was giving his piece of mind to 24-year-old Britany Jacobs for having parked in a handicapped parking spot without the necessary permit. The victim, 28-year-old Markeis McGlockton, who happens to be black, was Ms. Jacob’s boyfriend, and he emerged from the convenience store and approached the argument.
McGlockton approached Drejka, and shoved him viciously to the ground, with McGlockton looming over the downed man.
In response Drejka appears in the surveillance footage to present a handgun at McGlockton. As McGlockton sees Drejka apparently initiating the presentation of his hand gun, McGlockton immediately takes several steps backwards away from Drejka.
It is then that Drejka fires the single shot that would ultimately kill McGlockton, nearly two full seconds after initially presenting the gun at McGlockton.
I have watched the video many times and have come to the same conclusion as Mr. Branca.
Given that McGlockton was backing up, however, this strikes me as a scenario that plenty of prosecutors would be happy to present to a jury, and argue that the fired shot was not lawful, and which I expect in this instance plenty of police officers would determine at least created probably cause to believe that the shot was not lawful.
Of course, there may well be facts not known to us that could have shaped the Sheriff’s conclusion to not arrest. That, of course, is not the end of this matter, either criminally or civilly. The evidence is being presented to local prosecutors, who will decide whether to take the matter to trial, and the girlfriend of McGlockton, with whom she had three children, has already announced her intention to seek civil compensation for the killing of her children’s father (even throwing out the legal term-of-art “wrongful death”).
This is not an easy call, but I don’t believe this was a justifiable case for using deadly force.
Off to have a small skin cancer removed from my neck this morning. Takes and hour and a half to get to Marble Falls to the doc’s office. Hope the deer are not out all along the way. You all hold things together until I get back. More later.
I think Spock nailed it at the 1:58 mark.
Nancy speaks to the crickets in what’s left of her brain.
Good stuff.
100
What goes on in her head?
The Newspeak Slimers complain about phony Russian meddling while being key and willing players in an all out coup attempt.
This is what goes on inside my head.
Another bird on my list of things to kill and eat – Ribeye of the Sky
By definition, you can’t steal a feral peacock.
93
Hell, they don’t even take them away if they get in a wreck, don’t have a driver’s license, no insurance, and no registration. They just give them a court date to which they never show up and tickets they’ll never pay.
My guess is the hispanic thieves are prolly eating the peacocks. I recall a story from maybe 10 years ago that some illegal horrified the citizens in a city park somewhere. He snatched up a swan swimming in the scenic pond and wrung its neck, then carried the carcass to his truck.
Don’t blame me. I’m not the one who brought up what goes on in Phil’s Head.
https://youtu.be/cMUaY_j_IRE
My Duck Duck has been going for some time now on my linux based units. Works just fine for me, but I always have this feeling that I’m being watched.
The proper authority to call with the peacock questions would most likely be the game warden. I’ve always found them to be helpful and pretty quick to follow up on things. If someone is hunting them, they must have a hunting license, so most likely if it is the no-gottees (driver license, insurance, etc.) they would be taken away if… Read more »
77
I’m confused. Are “progressives” now in favor of damming up wild rivers? How are they going to square that circle?
#89
Some reason I forget on my work computer, but at home DuckDuckGo is my mainstay.
By the way, if you hit and kill a hawk or owl in your vehicle and think it would look cool stuffed and sitting on your mantle, don’t do it! That’s illegal.
83 GJT
Texpat has been procrastinating about getting his DuckDuckGoing.
80 Texpat
Those aren’t organized fights. No metal spurs attached to either bird. It’s just two male birds doing what they do naturally.
That pretty well sums it up!
Tedtam
The section you quoted only applies to threatened, endangered, or protected nongame species. Peacocks are none of those. Your best bet would be to catch them trespassing while they’re catching the birds.
67
My sense of humor/cranium collage is a hybrid of MST3K meets The Three Stooges vs Godzilla.
:).
I was always told I have a vivid imagination.
Further down in the legalese: “It is unlawful for any person to hunt (see Definitions – Hunt) threatened, endangered, or protected nongame species. To sell or purchase goods made from threatened or endangered species, proper documentation must accompany the goods. For a complete list of threatened and endangered species, and regulations relating to breeding threatened and endangered species, please call… Read more »
Texpat ain’t all in on the DuckDuckGo movement.
Well, since the birds are being stolen from the roadway OR from someone’s property…it looks like it’s illegal one way or another.
Everyone’s favorite impression of Papa is watching the Dukes of Hazard and slapping his knee cackling. 😀
78 Hamous
Check out this list.
Granddaughter spent the night last night, this morning Sweetie (Gigi) fixed her breakfast and served it to her in bed. It was a win win both ways, granddaughter got breakfast in bed, Gigi got to serve it on her Papa’s old Dukes of Hazard – aka Daisy Duke – TV tray. 😀 Then they went showing houses together this morning,… Read more »
I don’t know, Texpat. I’ve never seen nor heard of anybody using peacocks for fighting.
President Donald Trump signed bills Monday extending the amount of time before construction must start on five hydroelectric dams across five states. The bills cover dams located in Delaware, Maryland, North Carolina, Virginia and West Virginia. Each piece of legislation gives the Federal Energy Regulation Commission (FERC) the authority to extend the deadline for construction to begin up to six… Read more »
72 Hamous
The peacocks are used in cockfighting. That’s why the Mexicans are stealing them.
Peafowl are basically big-ass pheasants.
Just putting this out there.
I’d like to hunt a cassowary.
Fowl chicks are pretty much self-sustaining as long as you feed and water them.
Won’t YOU help the peacocks???
Feral exotic animals are fair game as long as you don’t trespass. An exotic animal is any animal that is not indigenous to Texas, including but not limited to feral hog, Russian boar, aoudad sheep, axis deer, elk, sika deer, fallow deer, red deer, and blackbuck and nilgai antelope. An exotic fowl is any avian species that is not indigenous… Read more »
You’ll need a commercial with sad music on channel 39, or late night cable.
Neighbors are reporting that 2 Hispanic men arrived in their pickup and stole a peacock from the flock that roams wild about a half mile from my house. Someone else thought they saw them stealing some of the chicks that are now out with their mommies. I thought the numbers were dropping…now I know why. Whether or not this is… Read more »
Sitting down at another grey pony tail concert, Jeff Beck, Ann Wilson, and Paul Rodgers. Came to see Beck, will see about the others
Sometimes I think to myself “What would it be like to live in Phil’s head. Other times I think that, then stick my fingers in my ears and yell LA LA LA LA LA!
😉
On MSDNC Ocasio-Cortez said the real reason unemployment’s lower is because of the earth being flat, Bernie’s ability to belch the alphabet after consuming too much salami and people having 3 jobs.
Joe ScarBurro Hee-Hawed then stubbornly agreed saying even a Potato Head can become a talking head on a show that caters to Meatheads.
Nope, he’s nominated a couple. Democrats killed one, Republicans killed another. He just nominated a third.
They also ruled last week that a ban on clips larger than 10 rounds was unconstitutional.
Didn’t Trump recently appoint a judge to the 9th circuit?
BTW, I just thought of it. On a drilling rig, it is referred to driller side or off-driller side. Or I’ve heard it off-operator side.
#57
That dude’s all buckle and no off oxen.
The 9th Circle Jerk It has ruled that pud pawing in a penguin suit is perfectly legal in a courtroom setting but just make sure you bang the gavel lightly.
Shoofly Pie-Hole Schumer was the first to comment saying “man we was mayo staining our main veins til Nancy’s off Botox”.
The 9TH CIRCUIT?!?!
Then there is this; The 9th Circuit had ruled in 2016 that the Second Amendment does not guarantee a right to carry concealed firearms in public in Peruta v. County of San Diego. ??????
Was just about to post that, Texpat.
Its a huge ruling.
Lets listen to Democrats talk about standing by precedent when SCOTUS rules on 2nd Amendment cases the way they talk about Roe v Wade…..
ALERT !!!! I know it’s hot outside, but HELL JUST FROZE OVER. (Reuters) – A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects the right to openly carry a gun in public for self-defense, rejecting a claim by Hawaii officials that the right only applies to guns kept at home. The ruling by a three-judge… Read more »
Good commercial. Concept probably originated in Houston.
https://www.youtube.com/watch?v=o5G1hAbSKdA&feature=share
50 Hamous
One of my all-time favorite songs is Muleskinner Blues (Blue Yodel #8).
Versions I really like are Dolly Parton’s and Old and in the Way with Vassar Clements on fiddle. Two very different sounds, but both great in their own way.
#54 TP: I don’t think the OODA loop has ever even been contemplated by the left, LET ALONE PRACTICED. They never examine the results of their actions, they just keep going . If you question the wisdom of their actions well, then . . . . . .RACIST.