Sheriff says the ‘correct’ decision made in ‘stand your ground’ – Daily Mail

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Sheriff says the ‘correct’ decision made in ‘stand your ground’ – Daily Mail
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lot of things have been said since this incident happened on July 19th that suggested that the mere fact that so many people have so many different opinions validates that the decision not to arrest Rekha at this state in the stage is correct under the wall the facts this case can be reasonable people to differ determination and it is I’ll discuss more here in a few minutes the law says don’t arrest in the situation and let the state attorney figure it out as far as my decision not to Drake of my decision is based on the requirements of Florida’s stand your ground law it is a preliminary decision about arrest and not a final decision about charges again I make decisions about an arrest in the state attorney makes decisions about that’s our system if charges are filed in a judge decides whether to dismiss the case and if not a jury decides guilt followed by an appellate court deciding if the prior decisions were right or wrong decision not to arrest is because Florida law crates where someone is immune from arrest if their conduct is arguably within the parameters of stand your ground this is not a defense to be merely a sort of the trial or after commencement of criminal proceedings this is an immunity from arrest a person who uses or threatens to use Force as permitted under the wall is Justified in such conduct immune from Criminal prosecution and that sucks when the statute goes on to Define immune from Criminal prosecution is including arrest or detaining somebody in custody in Psalm the wall has taken away law enforcement discretion to arrest unless there is no stand your ground as a matter of law to rest it must be so clear that is a matter of law stand your ground does not apply in any way to the facts and circumstances that you’re presented with that is not the situation here the facts are not so clear that this is absolutely outside the boundaries of standard round so in order for me to arrest it has to be is a matter of wall outside the boundaries of stand your ground to do is wave the flag of stand your ground he has no burden whatsoever then the state attorney has a heavy burden weather is that at this stage of the proceedings who claims that he was in jail once they figure it out the state attorney have no in a very confident we’ll make what is the right decision under the wall and then it will go from there I would anticipate that it it will go to the state attorney’s office this week
Pinellas County Sheriff Bob Gualtieri said he stands by his decision not to arrest Michael Drejka, 47, of killing Markeis McGlockton, 28, in Clearwater, Florida on July 19. He added that he hadn’t turned the case over to the state attorney, Bernie McCabe, yet – who will have the final say on whether to charge Drejka. Gualtieri said that Drejka was defending himself and had claimed he was in fear for his life. But famed civil rights lawyer Benjamin Crump says Drejka committed ‘cold-blooded murder’ and the only reason he hasn’t been charged is because he is white.

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