Alexander Pope: “A little learning is a dangerous thing.”
The video of the shooting of Markeis McGlockton by Michael Drejka:
The video of the defendant’s (eagerly and foolishly given) lengthy interview (a/k/a his confession negating the legal defense of justification) by sheriff’s deputies is HERE and HERE. Definitely worth your time and study.
After appropriate prosecutorial review, Michael Drejka was (not unexpectedly) charged with manslaughter. Trial (streamed lived, I watched it start to finish) lasted one week. The unanimous (6-0) verdict, GUILTY. Although there were ample cringe-worthy and chuckle moments provided by the lawyers and experts, the defendant received his guaranteed “day in court” and a “fair trial.” (Some educated observers might say maybe not. I do not share here my thoughts on defense counsel effectiveness, erroneous rulings by the trial judge, jury instruction errors, or improper prosecutor argument points I made mental note of for an appeal).
While Mr. Drejka might not have expected it, this was the verdict I expected. But, I thought the jury would have more difficulty than it apparently did. (At the time of this writing, I have not seen any comment by a juror who deliberated). Drejka, who was free on bond, was routinely remanded immediately after the verdict was published (at about 10:45 p.m. Friday, August 23, 2019). Sentencing is in October. It is a safe speculation that he now expects to spend 15 or more years in prison.
I offer some somber “lessons learned” imparted courtesy of Michael Drejka, in no particular order:
- When speaking of or using deadly force understand it is the taking of human life, half the power of G-d. Speak of it and treat it for what it suggests and represents, for it is reserved for when “in the gravest extreme.”
- There is no one size fits all or most, automatic response, universal menu, or script for the lawful use of defensive force.
- A legal mistake in the use of force, the paradigm element MAY (HERE), is not a defense. Don’t seek or accept legal advice from unqualified sources.
- A mistake in using deadly force, vis-a-vis the paradigm element MUST (HERE), can result in a criminal charge.
- While display or actual gun pointing may be lawful (as nondeadly force), it doesn’t mean that discharging a firearm and shooting someone (deadly force) must follow, or will therefore be lawful.
- “With great power there must also come great responsibility” is not just some comic book theme. Don’t be a dick; swallow your pride; mind your own business; speak politely in public; forget “stand your ground.”
- Michael Drejka’s case is not like George Zimmerman’s. But there were lessons to be learned from his ordeal as well. (HERE)
- Don’t reveal the contents of your head or heart other than to your attorney, or give an interview or do recreations or demonstrations to investigators without counsel’s advice and presence.
- Don’t speak to cops in their jargon. You’ll probably get it wrong. In any event, what you say won’t likely be relevant or helpful.
- Understand the critical concepts of imminence (HERE) and necessity and the requirement for their presence in the use of defensive force.
- Know the law of your state; what is nondeadly force (HERE) and what is deadly force (HERE).
- “Less lethal” (HERE) is always a good force option in “confrontations” that do not have criminal act predicates. Avoidance of such incidents is even better.
- If you carry half the power of G-d on your hip, study and give deep consideration to the paradigm element SHOULD (HERE).
- The so-called “21-foot rule,” your resort to the supposed “force continuum,” the allegation of “disparity of force,” and most any other concealed carry or shooting class lingo, no matter how brainy or tactical it sounds, will not justify the stupid, unnecessary, or excessive use of force.
- Learning how to shoot is not learning when you lawfully may.
- Though it may not be legally “required,” communication (a verbal warning) is nevertheless often a very good idea before using deadly force.
“Win” or “lose,” the courtroom is a sad, mostly unforgiving place. Even for those who “just work there.” Lawyers and judges labor hard and long to appear in court with all they can muster with their head and heart. But only the criminal defendant may have to leave the courtroom in restraints from a special door which leads to the lockup. Never forget that.
Disclaimer: No MSW post constitutes particularized legal advice, or creates an attorney-client relationship with a reader.