Prosecutor overrules sheriff, charges Florida man in 'stand your ground' case

CNN/Stylemagazine.com Newswire | 8/13/2018, 3:12 p.m.
Michael Drejka, who fatally shot Markeis McGlockton after McGlockton shoved him in a Clearwater, Florida, convenience store parking lot, has …
A Florida sheriff defended his decision not to arrest a man who fatally shot another man during a heated argument nearly two weeks ago, saying the state's controversial "stand your ground" law prevented him from doing so.

By Eliott C. McLaughlin, CNN

(CNN) -- Michael Drejka, who fatally shot Markeis McGlockton after McGlockton shoved him in a Clearwater, Florida, convenience store parking lot, has been charged with manslaughter, the Pinellas County Sheriff's Office said Monday.

"Consistent with the decision-making process established under Florida law in this case, the State Attorney conducted his review and decided to charge Drejka with manslaughter," Sheriff Bob Gualtieri said in a news release.

Drejka, 47, was arrested Monday morning and booked into Pinellas County Jail. His bail is set at $100,000, the sheriff's office said.

His first court appearance is set for Tuesday afternoon.

Family thankful

McGlockton's family issued a statement praising the decision to charge Drejka.

"This man killed Markeis in cold blood, without a second thought about the devastating impact his actions would have on our family, but this charge gives us a measure of hope that the truth will win and justice will prevail in the end," a family statement said.

The family's attorney, Michele Rayner, commended the state attorney's office for the manslaughter charge.

"This is a big step forward in the direction of justice, not only for Markeis' family but also for society as a whole," Rayner said in a statement.

Decision not to charge

Previously, Gualtieri said the state's "stand your ground" laws prevented him from arresting Drejka last month. He repeatedly referenced the force with which McGlockton pushed Drejka.

"To arrest, it must be so clear that, as a matter of law, 'stand your ground' does not apply in any way to the facts and circumstances that you're presented with," Gualtieri said.

'Stand your ground' a license to kill, attorney says

His comments came after McGlockton's family and girlfriend slammed the decision not to arrest Drejka. Drejka is white, and McGlockton was black.

Nine-day review

McGlockton, 28, died July 19 after the altercation with Drejka, which began as an argument over a parking space. McGlockton's girlfriend, Britany Jacobs, had parked in a handicapped parking space, and Drejka confronted her while McGlockton was inside the store.

McGlockton came outside, approached Drejka and shoved him to the ground, surveillance video shows. Drejka pulled out a handgun, and as McGlockton backed away from him, shot him in the chest.

"My decision not to arrest is merely doing what Florida law compels," Gualtieri said at the time. "A whole bunch of people have offered a whole bunch of different opinions. ... I'd suggest to you that the mere fact that so many people have so many different opinions validates the decision not to arrest Drejka (at) this stage."

Pinellas and Pasco County State Attorney Bernie McCabe told CNN he came to his decision to charge Drejka after a nine-day review that began August 1.

"We interviewed witnesses and looked at all the available surveillance video, and we made our decision to move forward based on all the information available," the prosecutor said.

Praise from civil rights leaders

Gualtieri's initial decision not to file charges spurred cries from both sides of the political aisle, with some critics questioning if the sheriff had correctly interpreted the law. After Monday's announcement, civil rights attorney Ben Crump and the Rev. Al Sharpton were among those applauding McCabe's decision.

"The truth has finally cut through the noise," Crump said in a statement. "I have full faith that this truth will prevail to punish this cold-blooded killer who angrily created the altercation that led to Markeis' needless death."

Florida's "stand your ground" law, perhaps the strongest in the country, grants immunity to the person acting in self-defense and puts the burden of proof on the state.

"I support the state attorney's decision and will have no further comment as the case continues to work its way through the criminal justice system," Gualtieri said in his Monday statement.