The Short Version of the Story
In case you had not seen this when it hit the news, a man was attacked, then shot and killed his attacker. Well, there is more to it, so here is the summary.
It all started when Britany Jacobs was parked in a handicap spot, without the proper plate or permit. Michael Drejka,47, approached her and started yelling at her and berating her for the violation. Jacob’s boyfriend of many years, Markeis McGlockton, 28, was in the store and heard the commotion. McGlockton came out of the store and attacked Drejka. McGlockton threw Drejka to the ground. Drejka drew his gun and shot and killed McGlockton.
The Long Version of the Story
It doesn’t really matter that Drejka has a history of provoking trouble or that he had been charged with felonies in the past. Supposedly, Drejka had started a fight with another person, in the past, for parking in the same handicap parking spot.
The long version of the story doesn’t really matter, at all. So, we will not discuss it, in any sort of depth, here.
In the video, Drejka approaches the car in the handicap spot at about 1:18 and you can see him looking at the front of the car, possibly checking the plates. He proceeds to point at Jacobs and talk to her, possibly yelling at her. At about 2:43, McGlockton comes out of the store and strides towards Drejka then shoves him to the ground, hard at about 2:49. Drejka gets up into a sitting position, with McGlocton standing and facing him, then Drejka begins to draw his gun at about 2:51 and aims it at McGlockton. McGlockton takes a couple of steps back at 2:52 and starts to turn towards the door of the store where he left one of his children. It appears that McGlockton yells something at Drejka. At 2:54, Drejka fires and hits McGlockton. McGlockton then runs back to the store’s door and enters the store where he dies.
I look at these shooting using an AOJ analysis.
A – Ability. In this case McGlockton has the clear ability to harm Drejka. He was bigger, stronger, faster, etc, than Drejka and threw Drejka to the ground.
O – Opportunity. Does the attacker, McGlockton, have the opportunity to use his ability against the defender, Drejka? The answer is pretty clear because he attacked Drejka.
J – Jeopardy. Jeopardy means that the defender is under imminent threat of being killed or suffering serious bodily harm. The standard, in most cases, is that a reasonable person would feel in jeopardy in the same or in a similar situation. Having just been attacked, and his attacker within feet of him, it seems reasonable that Drejka felt the threat was imminent.
It is pretty likely that Drejka will not be convicted of the manslaughter charge he currently faces. Opinions might be split on this case, only because some people feel that when McGlockton stepped back, that jeopardy was no longer in effect.
There are many facts that we just do not know. For example, what did McGlockton say/yell when he stepped back and turned, slightly, towards the door of the store? For example, was he yelling at his child to stay in the store? Too much is unknown, but I think a reasonable person would act in a similar manner.