Latest / Crime Stories with Nancy Grace / Perp guns down dad of three over parking spot!
Transcript
- 0:12Speaker 1: Crime Stories with Nancy Grace on Sirius X Him Triumph.
- 0:19Speaker 1: Does it never end? That's my first question. I remember
- 0:25Speaker 1: looking for the first time at the photo of Trayvon
- 0:28Speaker 1: Martin's father adjusting his tie when he was a little boy.
- 0:34Speaker 1: And then he ends up dead on the ground, shot
- 0:36Speaker 1: down by the captain of the neighborhood watch for what,
- 0:40Speaker 1: going to the seven eleven and getting a diet coke
- 0:43Speaker 1: for Pete's sake, and the shooter walks free. We all
- 0:48Speaker 1: know the name George Zimmerman, and you walk free based
- 0:51Speaker 1: on a legal theory that I think is total b
- 0:54Speaker 1: S is sub derivative of self defense. It's called stand
- 0:57Speaker 1: your ground. And now a Florida man who we are
- 1:01Speaker 1: learning allegedly threatened three other people three different times before
- 1:06Speaker 1: shooting the man in his latest stand your ground case.
- 1:10Speaker 1: I mean, when will it end? I mean, see Grace,
- 1:14Speaker 1: this is Crime Stories. Thank you for being with us.
- 1:17Speaker 1: I can just tell you this much. Do not get
- 1:19Speaker 1: in an argument with anybody over a parking spot in
- 1:22Speaker 1: Florida because you can get gunned down dead and the
- 1:26Speaker 1: sheriff won't lift a finger. Guys, before I go any further,
- 1:30Speaker 1: I've got a special guest with me right now. It's
- 1:32Speaker 1: Benjamin Crump, my longtime friend. He worked on the Trayvon
- 1:36Speaker 1: Martin case. He is the lawyer behind the Benjamin Crump
- 1:40Speaker 1: Law firms across the country, the author of open Season,
- 1:44Speaker 1: legalized genocide of people of color, and he is part
- 1:48Speaker 1: of the Trayvon documentary on b Et Paramount. Benjamin, I
- 1:54Speaker 1: know you're rushing off to another court appearance, but I
- 1:57Speaker 1: just want you to tell me what is happening now.
- 2:01Speaker 1: I feel like I'm in in in the twilight zone.
- 2:04Speaker 1: It really is unbelievable now said when you look at
- 2:06Speaker 1: the similarities between the tray By Martin case six years
- 2:10Speaker 1: ago and what is happening in clear Water, Florida with
- 2:14Speaker 1: Marquis mcglockton. But before I get to that, now, it's
- 2:17Speaker 1: the grace. I just want to say thank you on
- 2:19Speaker 1: behalf of Trayvon Martin's parents, Sabrina Fulton and Tracy Martin,
- 2:24Speaker 1: because you used your platform to really educate people about
- 2:29Speaker 1: what happened in the killing of their son. And I
- 2:31Speaker 1: will never forget that last interview after the verdict that
- 2:35Speaker 1: you did with his parents and especially Sabrina, the humanity
- 2:40Speaker 1: you show to this mother who had lost her child,
- 2:44Speaker 1: simply walking home from the store, mind of his own business.
- 2:47Speaker 1: So let me just say thank you for that first
- 2:49Speaker 1: and foremost. You know, Benjamin, even now, sometimes if I
- 2:53Speaker 1: let John David walk from here to there, I think
- 2:57Speaker 1: about Trayvon Martin because on David. Believe it or not, Benjamin,
- 3:01Speaker 1: you haven't seen a photo him a long time. He
- 3:04Speaker 1: is just ten years old. He's almost as tall as
- 3:06Speaker 1: Trayvon was right now, and I just think, I just think,
- 3:10Speaker 1: and I think about Trayvon's parents and what they went through.
- 3:15Speaker 1: But that's a whole another cannon worms. Thank you for
- 3:17Speaker 1: your compliment. What are we going to do about clearwater?
- 3:20Speaker 1: Marquis mcglocktin and his girlfriend, Brittany Jacobs had come home,
- 3:26Speaker 1: uh from her job. They were on their way home.
- 3:29Speaker 1: They had three uh little babies in the car with him,
- 3:33Speaker 1: death babies, five year old Marquis Jr. Three year old
- 3:37Speaker 1: Marley dead daughter, and four month old Marshane. Uh. They
- 3:42Speaker 1: stopped at this convenience start to get the kids some snacks. Uh.
- 3:46Speaker 1: As she's putting in, there's a truck in the parking lot,
- 3:50Speaker 1: so she just grabs the first uh space that she sees.
- 3:54Speaker 1: She says, they all is gonna be there for a minute.
- 3:57Speaker 1: Marquis Senior, Marquis Jr. Get out of the car. I
- 4:00Speaker 1: go into the convenience store. They're literally getting some snacks
- 4:03Speaker 1: for the kids and coming right back out. Uh this
- 4:07Speaker 1: wanna be caught. This separate part that wanta be called
- 4:10Speaker 1: Micael Drinker And you can see it all on the
- 4:12Speaker 1: video there. Say you don't have to take my word.
- 4:14Speaker 1: He comes out walking around the car at first, and
- 4:18Speaker 1: then you see him yelling in the car, impointing his
- 4:21Speaker 1: finger in the window. Now, imagine if you're a mother
- 4:25Speaker 1: with your two babies in the back seat and some
- 4:28Speaker 1: strange man just come up to you, yelling and cursing
- 4:31Speaker 1: the present at you, and uh, that's what happened to her.
- 4:36Speaker 1: Somebody goes into the convenienced and tells Marquis, somebody's uh,
- 4:41Speaker 1: I saw your family out of the car. He comes out,
- 4:46Speaker 1: and you see it all on video. He walks up,
- 4:48Speaker 1: he pushes him. A lot of men would have came
- 4:51Speaker 1: to try to defend their family. That's exactly what Marchis
- 4:54Speaker 1: was trying to do. If Staniel Grouse should apply to anybody,
- 4:58Speaker 1: should have been him. How Ever, you see him pushed
- 5:01Speaker 1: on the ground. Then you see this guy go to
- 5:04Speaker 1: his pocket put out a gun and he pulls out
- 5:07Speaker 1: the gun. And when he does that, now say Marquise
- 5:11Speaker 1: jumps back and takes four steps back. Brittany, she starts
- 5:16Speaker 1: retreating as well. There's a white gentleman who walks into
- 5:19Speaker 1: the video Fame. You can see it on the video.
- 5:21Speaker 1: He jumps back and starts retreating. Everybody is retreating. He
- 5:26Speaker 1: is not an intimate here of his life. But yet
- 5:30Speaker 1: after they are all retreating, he shoots Marquis and justifiably,
- 5:36Speaker 1: and you see on that video what happens next. He runs,
- 5:42Speaker 1: he stumbles back into the store. His five year old
- 5:45Speaker 1: son is right there and he is reaching out for
- 5:49Speaker 1: us father, and his father falls at his son's feet.
- 5:54Speaker 1: And that is the last time that five year old
- 5:56Speaker 1: boy whatever see his father alive or again. And you
- 6:02Speaker 1: can imagine all the counsel and these children are gonna need.
- 6:05Speaker 1: But the sheriff for Penellis County, with that video evidence
- 6:10Speaker 1: and not to mention the history of this want to
- 6:13Speaker 1: be cop of attacking people of color. He pulled a
- 6:16Speaker 1: gun on some Hispanic women when he had a role
- 6:19Speaker 1: rage incident that he provoked. He also pulled a gun
- 6:24Speaker 1: on another African American person in the same handicapped spot
- 6:29Speaker 1: because instead of calling the police, he took the law
- 6:32Speaker 1: to his own hands, but the sheriff would not arrest him.
- 6:35Speaker 1: He went home and slept in his own bed that night,
- 6:38Speaker 1: and it was only people saying this isn't right. This
- 6:43Speaker 1: in your groundlaw is a license to kill, especially if
- 6:47Speaker 1: you are not a person of color and you shoot
- 6:49Speaker 1: a person of color. We have to address this. We
- 6:52Speaker 1: can't be stilent about this because too many people are
- 6:56Speaker 1: dying unnecessarily. We don't have to solve our problems with violets.
- 7:01Speaker 1: We should solve our problems by talking to one another,
- 7:04Speaker 1: not put out a good and just shoot the person,
- 7:07Speaker 1: make sure they die, and then say I was standing
- 7:09Speaker 1: my ground. So that's what we're dealing with, Nancy, And
- 7:13Speaker 1: thank god the d A did charge him with uh
- 7:18Speaker 1: Man slaughter with me is Benjamin Crump, longtime friend and
- 7:22Speaker 1: associate Florida civil rights lawyer who was critical in the
- 7:28Speaker 1: Trayvon Martin case. You know what, Benjamin, even if the
- 7:34Speaker 1: guy's charged, even if he goes through the revolving door
- 7:39Speaker 1: and gets booked in fingerprint and makes a bond and
- 7:41Speaker 1: walks out. It doesn't mean anything to me. Look what
- 7:45Speaker 1: happened in Trayvon Martin. Look what's happened over and over
- 7:49Speaker 1: and over again. Just because somebody gets charged, that doesn't
- 7:54Speaker 1: mean a hell of beings. And look at Cosby. Look
- 7:58Speaker 1: at that guy, they said Gil and he's in his
- 8:01Speaker 1: fancy brownstone having a private chef made him lunch today.
- 8:05Speaker 1: So until the guy is sentenced and sent to jail,
- 8:10Speaker 1: it it don't mean a thing. Benjamin Crump, And I'm
- 8:16Speaker 1: just so sick about these children. Um, Benjamin, what about
- 8:21Speaker 1: the fact there is no way? Well, you know what,
- 8:24Speaker 1: I take that back. There's always a way. But under
- 8:26Speaker 1: the law, all of these prior similar transactions should come
- 8:31Speaker 1: before a jury. Have you noticed that he keeps picking
- 8:34Speaker 1: on women he's got You've got him picking on the
- 8:37Speaker 1: wife in the car with the babies, and this time
- 8:41Speaker 1: over a parking spot. Then you've got him picking on,
- 8:44Speaker 1: as you said, uh, the hispanic woman in a car.
- 8:49Speaker 1: It's always somebody that's sitting in a car seated and
- 8:52Speaker 1: he comes up, standing up, and we know he's got
- 8:55Speaker 1: a gun. Why does he even have a gun to
- 8:57Speaker 1: start with? And that is something that certainly want to
- 9:01Speaker 1: educate the public owner. I know the police officer in
- 9:04Speaker 1: the prior incident where he pulled the gun on the
- 9:06Speaker 1: young Hispanic women, he said he didn't put them it
- 9:10Speaker 1: on them, but yet he had the gun and the
- 9:12Speaker 1: seer console when the sheriff, I meant the police officer
- 9:17Speaker 1: came forward and pulled them over after they said, you know,
- 9:20Speaker 1: he just pulled a gun on us. And then he
- 9:23Speaker 1: told the police officer when he pulled them over, before
- 9:27Speaker 1: the police officer even told him why he was pulling
- 9:32Speaker 1: him over, he said, they're lying. I didn't put a
- 9:35Speaker 1: gun on them. And so the police officer said, what
- 9:38Speaker 1: if you didn't put a gun on them, why do
- 9:40Speaker 1: you know why I'm putting you over? And so it
- 9:43Speaker 1: was almost he told over himself and then the police
- 9:45Speaker 1: report as clear as day. The police said, admiss, I
- 9:50Speaker 1: do not believe you. I believe that you did. I
- 9:54Speaker 1: sought these young women for nothing more that you than
- 9:58Speaker 1: you said they were going too sl oh in a
- 10:01Speaker 1: school zone. He blew his horn a thing. It was
- 10:04Speaker 1: they were going fifteen and this is the kind of
- 10:08Speaker 1: thing he has been doing in the past. Then when
- 10:11Speaker 1: you know what I always say, ben when you don't
- 10:13Speaker 1: know a horse, look at his track record. Didn't pull
- 10:16Speaker 1: a gun my rear in. He always pulled a gun
- 10:20Speaker 1: over and over and over in the past. A Hispanic lady,
- 10:24Speaker 1: an African American lady. It goes on and on and on.
- 10:27Speaker 1: Why should I believe now he's suddenly turning around and
- 10:30Speaker 1: running back to the gate. I don't believe it, Benjamin Crump,
- 10:34Speaker 1: join us again when you can. As this case unfolds,
- 10:37Speaker 1: listen to this, still in shocked. How this white man,
- 10:42Speaker 1: this stranger came up to my car and harassed me
- 10:47Speaker 1: and my babies. He just he always hanging out here,
- 10:50Speaker 1: like to see if there's any broughteno with or something,
- 10:52Speaker 1: just to just to start broughten with somebody. It's not
- 10:55Speaker 1: that he's not normal. That was the store clerk inside
- 10:58Speaker 1: the seven eleven where this only stopped just for a
- 11:01Speaker 1: quick in and out and ends up the dad dead
- 11:04Speaker 1: in the parking lot, over parking spot. And now the
- 11:09Speaker 1: defense stand your ground has reared its head. We've seen
- 11:12Speaker 1: it many times before. I mean, you see, Grace, this
- 11:16Speaker 1: is crime stories. Thank you for being with us with us.
- 11:18Speaker 1: Stephen Lampley, police vet, former SPU. Detective, author of Outside
- 11:24Speaker 1: Your Door. Dr Daniel Bober, forensic psychiatrist, renowned defense lawyer,
- 11:28Speaker 1: Robin Figured, Chuck Roberts Crime Stories investigative reporter and Atlanta
- 11:33Speaker 1: felony prosecutor Kenya Johnson Straight to you, Chuck Roberts, Crime
- 11:38Speaker 1: Online dot Com reporter. Let's let's just back it up
- 11:41Speaker 1: for a moment. Let's start at the beginning. We just
- 11:44Speaker 1: heard the store clerk with our friends at w f
- 11:48Speaker 1: l A describing that this guy hangs around there all
- 11:52Speaker 1: the time in a weird way. You know, Chuck, I
- 11:54Speaker 1: remember working at UM, I worked in a law firm,
- 11:58Speaker 1: I worked somewhere else, and I'll stor into the sandwich
- 12:00Speaker 1: shop to get myself to law school. And there were
- 12:03Speaker 1: regulars that always came to the sandwich shop, and I
- 12:07Speaker 1: would know them at a distance. This guy hung around,
- 12:10Speaker 1: not just to get a sandwich number four and leave,
- 12:14Speaker 1: but did just hang around? Chuck, start at the beginning.
- 12:19Speaker 1: What do we know about this guy and how did
- 12:20Speaker 1: that fateful day unfold? Well, you mentioned the earlier road
- 12:24Speaker 1: rage incidents in which he pulled his weapon out of
- 12:26Speaker 1: frustration and not fear. But three months ago, um Draka
- 12:31Speaker 1: was in a fight with another customer at the very
- 12:33Speaker 1: same convenience store. Richard Kelly, a truck driver stopped by,
- 12:37Speaker 1: parked in that same handicapped spot, and according to Kelly,
- 12:42Speaker 1: Draco walked around the truck checking for decals and then
- 12:46Speaker 1: confronted Kelly about why he parked there. The fight quickly
- 12:49Speaker 1: escalated and Draca threatened to shoot him, according to Kelly,
- 12:53Speaker 1: and Draca then, according to police, called the truck owner
- 13:00Speaker 1: a a cut rate septic tank. Spoke to the owner,
- 13:02Speaker 1: John Tyler, and said he was quote lucky he didn't
- 13:06Speaker 1: blow his employees head off. This is according to documents
- 13:10Speaker 1: file with Pinella's County Court. Listen to this with our
- 13:14Speaker 1: friends at w f l A. This isn't the first
- 13:17Speaker 1: time Draco has picked a fight over the parking spot.
- 13:20Speaker 1: Richard Kelly parked in at once and says it set
- 13:22Speaker 1: him off. He was basicate me to shoot me. That well,
- 13:26Speaker 1: investigators go through all the evidence, those who saw what
- 13:29Speaker 1: happened have many questions this murder. He murdered someone, he
- 13:33Speaker 1: took someone family member. There. Ahead, kids, okay, go back
- 13:39Speaker 1: to what happened the day of the shooting. Let's just
- 13:42Speaker 1: start with that day, Okay, So the families together take
- 13:45Speaker 1: it from there. Uh Marquis mcglocktin, father of three eight
- 13:49Speaker 1: years old, pulls into the circle a food store on
- 13:52Speaker 1: Sunset Point Road, goes in with his five year old son,
- 13:56Speaker 1: at which point UH Michael Drake at eight year old,
- 14:01Speaker 1: comes up to his girlfriend, that is mcglockton's girlfriend and
- 14:06Speaker 1: confronts her about parking in a handicap spot. That also
- 14:10Speaker 1: escalates and becomes loud enough that some other customer comes
- 14:14Speaker 1: in and tells Marquise mcglockton that someone is threatening his
- 14:18Speaker 1: girlfriend and his family, so he runs outside and quickly
- 14:23Speaker 1: shoves Draka to the ground forcefully. At The video shows
- 14:29Speaker 1: that at that point there's about a four second pause
- 14:33Speaker 1: and Draca pulls a weapon. It appears that Buglockton is
- 14:37Speaker 1: backing away and Draca fires one round in mcglockton's chest.
- 14:43Speaker 1: He stumbles around. His five year old boy is right
- 14:45Speaker 1: there with him, screams. Apparently the the girlfriend gets out
- 14:51Speaker 1: tries to apply pressure, but there's there's no hope for mcglockton.
- 14:55Speaker 1: He's dead within an hour. And this is a standard
- 14:58Speaker 1: ground case that the sheriff initially decided would not be prosecuted,
- 15:03Speaker 1: but later obviously it was overruled by the district attorney
- 15:07Speaker 1: who said it's manslaughter. Well, I'm also confused about why
- 15:11Speaker 1: it's charged with manslaughter, because let me go to Kenya Johnson,
- 15:16Speaker 1: Felony prosecutor. Kenya, when you're working with a grand jury,
- 15:19Speaker 1: as I did, and as I'm sure you have done,
- 15:22Speaker 1: you charge with the highest charge it could possibly be,
- 15:27Speaker 1: and then all the other lessers, so you can give
- 15:30Speaker 1: the jury the alternatives that they may need when they
- 15:35Speaker 1: determine the case. And if you don't charge with murder one,
- 15:38Speaker 1: which this case could easily be determined to be murder one,
- 15:42Speaker 1: that's off the boards that they can't. They can't bring
- 15:45Speaker 1: back a verdict going up. They can only bring back
- 15:48Speaker 1: a verdict with what's charged or lesser. How do you
- 15:50Speaker 1: see this case, Kenya ipee? The fact that the grand
- 15:53Speaker 1: jury did not charge murder one as they've even realized
- 15:57Speaker 1: or thought that this gentleman or the suspect didn't have
- 16:01Speaker 1: any intense that it wasn't a premeditated murder. So that's okay,
- 16:05Speaker 1: But then there's also involuntary manslaughter. There's your heat of passion,
- 16:09Speaker 1: and then there's your voluntary manslaughter where you commit an
- 16:13Speaker 1: act and you meet, but you didn't mean to bring
- 16:15Speaker 1: about the death. So that's where we're looking at. The
- 16:18Speaker 1: grand jury is speaking and saying that they don't believe
- 16:20Speaker 1: McGlaughlin had intense to kill him at the moment that
- 16:24Speaker 1: they encountered. However, he set about a course of actions
- 16:28Speaker 1: that resulted in McGlaughlin's death. So that's where the manslaughter
- 16:31Speaker 1: comes from. But it does put you say that, at
- 16:34Speaker 1: a disadvantage because there only leaves the jury to decide
- 16:37Speaker 1: the lesser charge of manslaughter or something not even related
- 16:41Speaker 1: to murders, such as aggravated assault. So it does handicap
- 16:44Speaker 1: the state in their prosecution, but it sends a message
- 16:47Speaker 1: that even the grand jury didn't think that there was
- 16:49Speaker 1: any intense in his action. So the laws this, uh,
- 16:53Speaker 1: the jury can come back on this charge voluntary or
- 16:56Speaker 1: any lesser included defense such as involuntary or aggravated assault.
- 17:02Speaker 1: But here's the deal. Self defense goes like this. Let
- 17:07Speaker 1: me go to Robin Ficker. Robin, isn't it true? Self
- 17:10Speaker 1: defense goes like this. You can come up and slap me,
- 17:16Speaker 1: and under the law, I have the right to exert
- 17:19Speaker 1: equal amount of force to defend myself. I can slap
- 17:22Speaker 1: you back, but I can't when you slap me. I
- 17:25Speaker 1: can't pull out an oozy and gun you down unless
- 17:30Speaker 1: I really believe you're about to kill me. Would you
- 17:33Speaker 1: agree with that, Robin Ficker? Well, yeah, I agree with that, Nancy.
- 17:37Speaker 1: This case has nothing to do with civil rights. This
- 17:41Speaker 1: case involves Mr McLaughlin coming out of the store, and
- 17:45Speaker 1: essentially it reminds me of a knockout case where he
- 17:48Speaker 1: just ran up to this gentleman and didn't push him,
- 17:53Speaker 1: didn't show them. He knocked him down, then stepped forward
- 17:58Speaker 1: towards him. He also reached into his waispend. It all
- 18:02Speaker 1: happened within micro seconds, and I'm really not surprised he
- 18:06Speaker 1: got shot. If he went If I went outside the
- 18:09Speaker 1: courthouse and did this to ten people and knocked down
- 18:12Speaker 1: ten people as he did with that amount of force,
- 18:16Speaker 1: I would get shot by at least one of them.
- 18:19Speaker 1: This is clearly self defense. As for the hold your
- 18:22Speaker 1: standard ground, twenty seven states have that, and here he's
- 18:27Speaker 1: on the ground. He can't go anywhere. He's fearful of
- 18:30Speaker 1: this great, big thug standing over him about to beat
- 18:35Speaker 1: the crap out of him, even worse than he was
- 18:37Speaker 1: hit before, So I don't see how well I would
- 18:40Speaker 1: argue with you on that figure about who's the thug?
- 18:43Speaker 1: And you very conveniently, I mean, if I was charged
- 18:47Speaker 1: with murder, I definitely hire you, Robin. But you very
- 18:49Speaker 1: conveniently left out the entire first part of the scenario,
- 18:53Speaker 1: and that is defense of others. A man looks out
- 18:57Speaker 1: the seven eleven window and says an another man with
- 19:01Speaker 1: a gun berating his wife and children cowering in the car.
- 19:08Speaker 1: Don't right, he's gonna come out and punch the guy.
- 19:11Speaker 1: You don't right? He is? What can man would he
- 19:13Speaker 1: be if he didn't come out and do something? He
- 19:16Speaker 1: didn't He didn't see any gun. How do you know
- 19:18Speaker 1: that conversation? Conversation? Mr McLaughlin should have gotten in his
- 19:25Speaker 1: car with his wife and kids and driven away, and
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- 21:28Speaker 1: son witness this whole thing. A five year old witnesses
- 21:33Speaker 1: whole thing. A five year old, not twelve years old,
- 21:38Speaker 1: not thirteen, but at five years old, you know this
- 21:42Speaker 1: is messed up and the child should never seen that tonight.
- 21:45Speaker 1: That now, my kids would never be the same without
- 21:49Speaker 1: near father. He was a wrapper, he loved the staying,
- 21:53Speaker 1: he loved to draw. He was definitely his kids. And
- 21:55Speaker 1: he didn't have to go late. This man, he didn't
- 21:57Speaker 1: have to go late this you're hearing. Brittany Jacobs um
- 22:06Speaker 1: the wife of the dead man, the mother of his
- 22:10Speaker 1: three children. She was at a seven eleven when with
- 22:15Speaker 1: her children in the car when the purp accosted her
- 22:19Speaker 1: or came up yelling at her, arguing with her about
- 22:21Speaker 1: being in a handicapped spot. True they were not handicapped,
- 22:26Speaker 1: but really did he deserve the death penalty? Then other
- 22:30Speaker 1: people tell the guy in the seven eleven, hey, the
- 22:34Speaker 1: man is screaming at your wife. He comes out, pushes
- 22:37Speaker 1: the guy away from the car, and the guy shoots
- 22:40Speaker 1: him dead. That that's the scenario as I understand it.
- 22:44Speaker 1: Take a listen to the Penellas County Sheriff Bob Terry
- 22:48Speaker 1: explaining why he did not charge the shooter, Michael Jacob.
- 22:53Speaker 1: The facts of this case can lead reasonable people to
- 22:56Speaker 1: different determinations. The law says, don't arrest in this situation
- 23:01Speaker 1: and let the state attorney to figure it out. As
- 23:03Speaker 1: far as my decision not to arrest, the drake of
- 23:05Speaker 1: my decision is based on the requirements of for the
- 23:08Speaker 1: standard ground law. It is a preliminary decision about arrest
- 23:12Speaker 1: and not a final decision about charges. Again, I make
- 23:16Speaker 1: decisions about an arrest and the state attorney makes decisions
- 23:19Speaker 1: about charges. That's our system. If charges are filed, then
- 23:23Speaker 1: a judge decide whether to dismiss the case, and if not,
- 23:25Speaker 1: a jury decides guilt, followed by an appellate court deciding
- 23:28Speaker 1: if the prior decisions were right or wrong. My decision
- 23:31Speaker 1: not to arrest is because Florida law creates a situation
- 23:35Speaker 1: where someone is immune from arrest if their conduct is
- 23:39Speaker 1: arguably within the parameters of standard round. This is not
- 23:44Speaker 1: a defense to be merely asserted at trial or after
- 23:47Speaker 1: commencement of criminal proceedings. This is an immunity from arrest.
- 23:52Speaker 1: A person who uses or threatens to use force as
- 23:56Speaker 1: permitted under the law is justified in such conduct in
- 24:00Speaker 1: immune from criminal prosecution. In that section of the statute
- 24:04Speaker 1: goes on to define from criminal prosecution is including arrest
- 24:10Speaker 1: or detaining somebody in custody and some the law has
- 24:14Speaker 1: taken away law enforcement discretion to arrest unless there is
- 24:19Speaker 1: no stand your ground as a matter of law. We're
- 24:22Speaker 1: talking about the most recent standard ground shooting as they
- 24:26Speaker 1: are called in Florida. Why are they all coming out
- 24:29Speaker 1: of Florida? Number one? There are some others peppered across
- 24:33Speaker 1: the country, but mostly we're hearing from them out of
- 24:35Speaker 1: Florida and joining me from Florida. Dr Daniel Bobert, forensic psychiatrist.
- 24:41Speaker 1: Dr bober Boy, do we need a shrink um question
- 24:45Speaker 1: to you? This whole thing started ostensibly at first glance
- 24:50Speaker 1: over the victims wife and children in a handicap parking spot.
- 24:56Speaker 1: They were not handicap. But what we know is the
- 24:59Speaker 1: shooter hung around in a weird way all the time.
- 25:02Speaker 1: And that's seven eleven and I call it seven eleven generically, uh,
- 25:06Speaker 1: like copies or xeroxes. But um, he hung around there
- 25:10Speaker 1: all the time, and he had argued with other people
- 25:13Speaker 1: about parking in the handicapped spot, and we know he
- 25:16Speaker 1: had pulled a gun on other people, particularly women, in
- 25:20Speaker 1: traffic scenarios. That that's really where the case starts is
- 25:25Speaker 1: his background. That's how this starts, his pattern, his m O,
- 25:30Speaker 1: his modus operandi, his method of operation. That's where it
- 25:35Speaker 1: really starts. But let's let's start with that day. What
- 25:40Speaker 1: is it, Dr Bober? Why do people think they have
- 25:43Speaker 1: to get so indignant and angry over a parking spot
- 25:47Speaker 1: or a driving issue like the two women going too
- 25:50Speaker 1: slowly in a school zone. I nearly go out of
- 25:53Speaker 1: my gourd when I because I'm anxious and impatient that
- 25:57Speaker 1: those are my two of my really big bolts. And
- 26:00Speaker 1: I know that, and when I get behind the slow poke,
- 26:03Speaker 1: I can nearly jump out of my skin. But I
- 26:06Speaker 1: now know a don't shoot a bird, okay, because I
- 26:10Speaker 1: don't want the children to sheep birds and be don't
- 26:14Speaker 1: blow the horn or they will shoot you. Okay. I've
- 26:16Speaker 1: learned that, okay, the hard way by by covering these cases.
- 26:21Speaker 1: But what is it? Then? There are times when I'm
- 26:23Speaker 1: looking up directions and I find myself going ten miles
- 26:26Speaker 1: an hour and somebody behind me very kindly not blowing
- 26:29Speaker 1: the horn. My question is, why do people get so
- 26:33Speaker 1: angry they want to start a fist fight or confront
- 26:37Speaker 1: a lady with her children in the car. What is
- 26:40Speaker 1: it about the road that drives people insane? You know,
- 26:44Speaker 1: Nancy Uh, This guy, just like George Zimmerman, Uh, is
- 26:49Speaker 1: a guy who's a weak and adequate person who seeks
- 26:52Speaker 1: out confrontation because he doesn't feel strong enough about himself.
- 26:56Speaker 1: You know, we have these standard ground laws. We think
- 26:59Speaker 1: they make us say for but they actually don't. A
- 27:01Speaker 1: study in the Journal of the American Medical Association showed
- 27:04Speaker 1: that in Florida, when they passed the Standiard ground law,
- 27:07Speaker 1: there was a thirty increase in firearm related homicides in
- 27:12Speaker 1: the state of Florida, while in the country, in states
- 27:15Speaker 1: that didn't have standard ground laws, the homicide rate remained
- 27:19Speaker 1: flat didn't change. So there's a huge public health issue
- 27:23Speaker 1: here with these standard ground laws, and they're not making
- 27:26Speaker 1: us safer. They're just making us feel safer. But it's
- 27:28Speaker 1: an illusion. What about this. About three months ago, a
- 27:32Speaker 1: guy named Richard Kelly tells Panella's County Sheriffs that he
- 27:39Speaker 1: was approached by the same guy, Draco, at the Circle
- 27:43Speaker 1: A food store, same place, the same store where he
- 27:48Speaker 1: guns down Mclockton. And according to this witness, Richard Kelly,
- 27:53Speaker 1: three months ago, Draco was mad at him because he
- 27:56Speaker 1: partnered in a handicap spot. Look. I get mad at
- 27:58Speaker 1: handicap fakers too, because my brother in law is handicap.
- 28:03Speaker 1: He's paralyzed. And you should see what my sister for
- 28:07Speaker 1: the last decades goes through trying to physically get him
- 28:12Speaker 1: out of the car. Uh, get him situated, get him
- 28:16Speaker 1: into a store or wherever they're going. And you passed
- 28:20Speaker 1: by the handicaped spots, they're awful. And there is my sister.
- 28:24Speaker 1: She was the sweet, smart one, by the way, pushing
- 28:29Speaker 1: my brother in law, who we adore, all the way
- 28:32Speaker 1: from the back parking spot into the store because somebody
- 28:37Speaker 1: mooched faked a handicap spot. You know how mad that
- 28:41Speaker 1: makes me when I think of my sister going through that.
- 28:44Speaker 1: It happens all the time. But am I going to
- 28:46Speaker 1: pull out a gun? Uh? No? So three months ago
- 28:50Speaker 1: he confronts another guy, and this is the important part.
- 28:53Speaker 1: Dr Bober and listen to this, Kenya and Dr Daniel
- 28:56Speaker 1: Bober and Robin Ficker, listen to this. Three months ago,
- 29:00Speaker 1: he gets in the fight, same store, about the same
- 29:03Speaker 1: handicap spot, and he starts a loud fight and he
- 29:08Speaker 1: tells Kelly he's gonna shoot him. So here we go.
- 29:14Speaker 1: He just did it three months ago, and I can
- 29:16Speaker 1: name two other instances where he pulls or threatens to
- 29:19Speaker 1: pull a gun, Doctor Bober over parking or driving. Help me,
- 29:24Speaker 1: Daniel Nancy. This guy is just again someone who is
- 29:27Speaker 1: looking for confrontation. He would think he would have better
- 29:30Speaker 1: things to do besides sitting outside a convenience store and
- 29:34Speaker 1: looking for a fight finding a way to use his firearm.
- 29:38Speaker 1: But that's the problem. That's the issue. This individual has
- 29:41Speaker 1: some sort of personality disorder where he seeks out these situations.
- 29:45Speaker 1: Not only this, we learn to Robin Ficker, a defense
- 29:49Speaker 1: lawyer joining us out of the Maryland jurisdiction. Court documents
- 29:54Speaker 1: say Draco wanted to complain to Kelly's employer, and this
- 29:58Speaker 1: is the last guy threatened about a gun him. So
- 30:01Speaker 1: he spoke to the owner and told the business he
- 30:05Speaker 1: was lucky he didn't blow his employees head off. That's
- 30:09Speaker 1: what Chuck Roberts was telling us earlier. What about that?
- 30:12Speaker 1: I mean, he's got a track record, Robin Vicker, of
- 30:16Speaker 1: getting mad at people over parking spots and driving minor
- 30:19Speaker 1: minor infractions when he was mac as a woman was
- 30:22Speaker 1: going too slowly and threatening to shoot them or pulling
- 30:25Speaker 1: a gun. Robin, what's your defense to that. He's got
- 30:29Speaker 1: a history of chit chat with people about minor infractions.
- 30:34Speaker 1: But here we have an intervention of an extremely rough
- 30:39Speaker 1: and vicious attack physically by Mr McLaughlin. That's where he
- 30:45Speaker 1: stepped over the line and was gental giant. He was
- 30:49Speaker 1: a man above all men. I raised him to be
- 30:52Speaker 1: a man, and unfortunately it cost him his life. We
- 30:56Speaker 1: need to put it into this any kind of load
- 30:58Speaker 1: that allows one man and to kill another man, and
- 31:02Speaker 1: the man that pulled the trigger. It don't even get fingerprinted,
- 31:06Speaker 1: needs to needs to son needs to be done. You're
- 31:08Speaker 1: hearing the father of the victim now responding to his
- 31:12Speaker 1: son gunned down in a parking lot over a handicap
- 31:15Speaker 1: parking spot with US Benjamin Crump, Florida civil rights lawyer,
- 31:19Speaker 1: Stephen Lampley, Police Vet Dr. Daniel Bober Robin Ficker, renowned
- 31:24Speaker 1: defense attorney out of Maryland, Chuck Robert's Crime online dot
- 31:27Speaker 1: com investigative reporter, and Atlanta felony prosecutor Kenya Johnson. Stephen Lampley,
- 31:34Speaker 1: police vet, former s VU detective, author of Outside Your Door. Stephen,
- 31:39Speaker 1: I want you to take a listen to what the
- 31:41Speaker 1: sheriff said. Listen to arrest, it must be so clear
- 31:45Speaker 1: that as a matter of law, standard ground does not
- 31:48Speaker 1: apply in any way to the facts and circumstances that
- 31:53Speaker 1: you're presented with. That is not the situation here. The
- 31:56Speaker 1: facts are not so clear that this is absolutely out
- 32:00Speaker 1: side the boundaries of standier ground. So in order for
- 32:03Speaker 1: me to arrest it has to be, as a matter
- 32:06Speaker 1: of law, outside the boundaries of stand your ground. All
- 32:09Speaker 1: Drake it has to do is wave the flag of
- 32:11Speaker 1: standier ground. He has no burden whatsoever. Then the state
- 32:14Speaker 1: attorney has a heavy burden of disproving his entitlement to
- 32:17Speaker 1: stand your ground. So when you put all of that together,
- 32:20Speaker 1: is that at this stage of the proceedings, I'm following
- 32:23Speaker 1: the law and doing what the legislature is said not
- 32:26Speaker 1: to do, and don't have this citizen who claims that
- 32:29Speaker 1: he was acting to self defense, sitting in jail while
- 32:31Speaker 1: people are figuring it out, and once they figure it out,
- 32:35Speaker 1: the state attorney, I know, and I'm very confident, will
- 32:37Speaker 1: make what is the right decision under the law, and
- 32:39Speaker 1: then it will go from there to Stephen Lampley police
- 32:42Speaker 1: that and author of outside your Door. I want to
- 32:46Speaker 1: hear the cops perspective on this. I don't like, uh
- 32:50Speaker 1: wail and on the police, but I want the right
- 32:53Speaker 1: thing done. And I hear the sheriff explaining why you're
- 32:58Speaker 1: not made the arrest yet, But I want to hear
- 33:01Speaker 1: your point of east Stephen Well answer that this situation
- 33:04Speaker 1: is there's there's a lot that happened in this situation,
- 33:07Speaker 1: and it happened on both sides. Now that the sheriff, Uh,
- 33:11Speaker 1: of course I wasn't there. None of us were there.
- 33:14Speaker 1: The sheriff, I'm assuming, acting in what the information he had.
- 33:17Speaker 1: And uh, even with McCabe, I think we think it
- 33:21Speaker 1: was the state attorney. It took them nine days to
- 33:26Speaker 1: decide whether to uh in trying to get an indictment
- 33:31Speaker 1: on on the gentleman and Draka. So there's a lot
- 33:35Speaker 1: that happened in this situation that a lot that the
- 33:37Speaker 1: sheriff had to look at it. And I'm not trying
- 33:39Speaker 1: to second guess him or the words of his mouth,
- 33:42Speaker 1: but you had a situation where you've got this uh
- 33:45Speaker 1: self declared parking lot, UH patrol patrol person who is
- 33:50Speaker 1: being that that he's the guru of all things parking, uh,
- 33:55Speaker 1: trying to uh do whatever he needed to do to
- 33:58Speaker 1: prove his point that she was in the handicapped parking
- 34:01Speaker 1: spot and maybe she didn't need to be. Uh. That
- 34:03Speaker 1: was not his duty, that was not his job. He
- 34:06Speaker 1: was wrong in that case. Uh. Marquis. Of course, I understand,
- 34:09Speaker 1: and I get the fact that he heard uh what
- 34:12Speaker 1: was going on and come out and defended his family.
- 34:14Speaker 1: He has a right, of course to defend them. But
- 34:16Speaker 1: he exerted the first physical contact. Uh. And again I
- 34:20Speaker 1: don't I did see him take a couple of steps
- 34:23Speaker 1: forward in the video, but then I did not see
- 34:26Speaker 1: any actually overt act that led me personally to believe
- 34:31Speaker 1: there was any other physical threat coming from from Hooton. However,
- 34:36Speaker 1: I don't know what what what the police would call
- 34:38Speaker 1: inciting words. There was no audio, and I don't know
- 34:41Speaker 1: what transpired between the two Uh, there was any threats
- 34:45Speaker 1: made that where Drake Fup felt maybe he was in
- 34:48Speaker 1: him and the danger even though there was no physical that.
- 34:50Speaker 1: There's a lot there, man too, There's a whole lot there. Uh.
- 34:54Speaker 1: I don't want to second guest any party. As police officer,
- 34:57Speaker 1: former police officer, I try to stay in the dutual
- 34:59Speaker 1: of the whole situation. There was just so much in
- 35:01Speaker 1: this case, uh to a book here, and I think
- 35:05Speaker 1: that's actually why it took them, you know, the nine
- 35:07Speaker 1: days to actually decide if they were going to indicton On.
- 35:09Speaker 1: I want to analyze what's happening Kenya Johnson, felony prosecutor, Kenya.
- 35:15Speaker 1: I hear what Stephen saying, I hear what the sheriff
- 35:17Speaker 1: is saying. Here's my analysis. Again, I don't want to
- 35:23Speaker 1: boil it down so simply that it doesn't hit all
- 35:27Speaker 1: the legal points. But again, when you don't know a horse,
- 35:30Speaker 1: look at his track record. I've told you about um
- 35:35Speaker 1: him coming down on threatening to shoot Richard Kelly, who
- 35:40Speaker 1: told that to Panella's County Sheriff's. Then you heard earlier
- 35:44Speaker 1: our friend Ben Crump describing a December two thousand twelve
- 35:48Speaker 1: incident a woman told Largo police a man driving a
- 35:52Speaker 1: black Toyota truck Draca pointed a gun at her and
- 35:56Speaker 1: the other people in her vehicle. She pointed the truck
- 36:00Speaker 1: out the truck to the cops. The cop goes and
- 36:03Speaker 1: speaks to Draca. He tells the officer the one was
- 36:07Speaker 1: driving too slow in the school's zone. I didn't even
- 36:09Speaker 1: know that was possible. He denied pointing the gun, but
- 36:13Speaker 1: he had the gun, and um there are other police
- 36:18Speaker 1: reports where he sits on the horn at people uh
- 36:21Speaker 1: in the other car, claiming other people shoot birds at
- 36:26Speaker 1: him and make rude hand gestures at him. But I
- 36:29Speaker 1: didn't tell you this. One January ten, two thousand twelve,
- 36:33Speaker 1: and eighteen year old Tyler Smith was driving with somebody
- 36:37Speaker 1: else in front of the car at a traffic light.
- 36:39Speaker 1: It turned, the light turned yellow. Smith, the boy, eighteen
- 36:44Speaker 1: year old, did not drive through the yellow light, and
- 36:46Speaker 1: he stopped his vehicle. Draca, in his truck, was behind him,
- 36:51Speaker 1: sat on his horn and started yelling, holding a black
- 36:56Speaker 1: handgun out the driver's side window of his vehicle, ordering
- 37:02Speaker 1: the boy Smith to walk back to his truck. That
- 37:06Speaker 1: would be a cold d a in h double l
- 37:08Speaker 1: Before I get out of the car and walk back
- 37:09Speaker 1: to a guy with a gun. He then followed the
- 37:12Speaker 1: teen boys car, passed it, and then slammed on the
- 37:17Speaker 1: brakes in front of him. Kenya, I mean really that
- 37:22Speaker 1: history is certainly gonna play a part at the trial
- 37:24Speaker 1: to negate the standard ground defense. But let's look at
- 37:27Speaker 1: standard ground. First of all, it's predicated on the fact
- 37:30Speaker 1: of seriously or deadly bodily injury. So we are putting
- 37:35Speaker 1: that standard that analysis in the hands of citizens that
- 37:39Speaker 1: may not understand what deadly force is. You can't bring
- 37:42Speaker 1: a gun to a fist fight. We live in a
- 37:45Speaker 1: society that is teaching our children that we saw dispute
- 37:48Speaker 1: using firearms. So what's gonna happen now is that the
- 37:51Speaker 1: jury is going to get a chance to hopefully have
- 37:53Speaker 1: a chance to hear about this pattern of aggressive behavior.
- 37:57Speaker 1: In addition, McLaughlin, initially it is the entire matter. So
- 38:02Speaker 1: what happens and the jury will see what happens when
- 38:04Speaker 1: someone creates this situation out of their own volition. This
- 38:08Speaker 1: wasn't what happenstance. He was aggressively pursuing this argument over
- 38:13Speaker 1: this handicap spot. And lastly, when the gun came out,
- 38:17Speaker 1: everyone retreated, So stand your ground also had to look
- 38:20Speaker 1: at whether the fact that the danger had ended when
- 38:24Speaker 1: the when the victims stepped back and everyone else around
- 38:27Speaker 1: step back, Well, then was the threat of deadly forced
- 38:30Speaker 1: still there? So was McLaughlin then authorized to use that
- 38:34Speaker 1: deadly force when everyone is trying to get away or
- 38:37Speaker 1: step back and run. So all those three things are
- 38:39Speaker 1: gonna play into this defense of stand your ground, and
- 38:43Speaker 1: hopefully the jury will be able to see right through
- 38:45Speaker 1: Robin Ficker based on what Kenya saying once again when
- 38:49Speaker 1: I'm talking about the team boy once again, when cops
- 38:53Speaker 1: confront him, Draka says it was the teen's fault and
- 38:57Speaker 1: he did not follow the chain's car, nor did he
- 39:01Speaker 1: show his gun, but again he admitted he had one.
- 39:04Speaker 1: I mean, same thing with yelling at the Hispanic women
- 39:09Speaker 1: when the cop tells him to roll down the wind
- 39:10Speaker 1: and goes, I didn't put my gun, and they're like,
- 39:13Speaker 1: we didn't say that, you did me thinks thou doth
- 39:16Speaker 1: protest too much? H and the words of Shakespeare. So
- 39:19Speaker 1: what about that figure every time saying scenario every time,
- 39:23Speaker 1: same defense. Well, he wasn't convicted of any crime in
- 39:27Speaker 1: any one of those instances. I'm sure if he had
- 39:30Speaker 1: been he would no longer be licensed to carry a gun,
- 39:34Speaker 1: as he was still licensed in the McLaughlin situation, they
- 39:38Speaker 1: would have taken the gun away from him. So these
- 39:40Speaker 1: are were a lot of unproven hindsight review reviewed that
- 39:47Speaker 1: I give very little credibility and the jury isn't going
- 39:51Speaker 1: to find this guy guilty of playing three three different
- 39:57Speaker 1: people separated by time and space, is all come up
- 40:00Speaker 1: with the same story on Draca and now a guy's
- 40:04Speaker 1: dead in a parking spot. Guys, before I go any further,
- 40:09Speaker 1: we're taking your calls. Nine nine nine crime nine zero
- 40:14Speaker 1: nine four nine two seven four six three on the
- 40:16Speaker 1: phone from Florida, is Joe, Joe, this is your neck
- 40:21Speaker 1: of the woods. What's your tip question or theory? Yes,
- 40:25Speaker 1: well it's a coming first. Uh, you're right when you
- 40:28Speaker 1: say there's so much craziness happens in the state of Florida,
- 40:32Speaker 1: and particularly in Miami, where I lived for many years.
- 40:35Speaker 1: I mean, it's a crazy, crazy state. And the Stanley
- 40:39Speaker 1: Stanley ground law should be voted down because it is
- 40:44Speaker 1: absolutely taken advantage of by anyone who wants to shoot
- 40:48Speaker 1: someone and not pay a penalty. The point is, yesterday
- 40:52Speaker 1: I saw two big men on a sidewalk arguing. One
- 40:57Speaker 1: punches the other. The guy falls into the gutter, and
- 41:00Speaker 1: immediately he pulls out the gun and he shoots the
- 41:04Speaker 1: guy who's still standing on the sidewalk. His life wasn't endangered.
- 41:08Speaker 1: The whole thing has been over with. I don't understand that.
- 41:11Speaker 1: You well, you know it goes back, Joe to the
- 41:15Speaker 1: theory of self defense. You have an absolute right to
- 41:19Speaker 1: defend yourself. But again, Joe, if you come up and
- 41:22Speaker 1: slap me or push me, I do not have the
- 41:26Speaker 1: right to pull out my oozy and shoot you dead
- 41:30Speaker 1: unless I feel that you are again advancing on me
- 41:36Speaker 1: and I have fear that you're going to kill me. Now,
- 41:40Speaker 1: that justifies deadly self defense. And I've looked at this
- 41:46Speaker 1: video over and over again. You see the victim coming out.
- 41:52Speaker 1: He walks, not runs. He walks up to the guy
- 41:57Speaker 1: and you can see to the to the left his
- 42:01Speaker 1: wife is now standing up. I guess that's his wife.
- 42:05Speaker 1: He comes between his wife and the shooter and he
- 42:09Speaker 1: pushes the shooter down and then he steps back. Then
- 42:14Speaker 1: the guy pulls a gun and shoots him dead, just
- 42:18Speaker 1: like that that's what happened, Joe. I mean, what you've
- 42:24Speaker 1: looked at the video? What what do you think? I
- 42:27Speaker 1: realized that there's no threat to the guy's life who's
- 42:32Speaker 1: pulling the gun and shooting the other one because he
- 42:35Speaker 1: was offended by what he said or did. Getting punched
- 42:38Speaker 1: into the sidewalk into the gutter is not enough, uh
- 42:43Speaker 1: excuse to start shooting at the guy who pushed him
- 42:47Speaker 1: in the sidewalk. Little little spatch and little fights breakout
- 42:50Speaker 1: all the time, and if someone has to has to
- 42:54Speaker 1: end up being dead because some guys, Oh right, I meant,
- 42:58Speaker 1: I'm sorry, Joe. I just I just saw it again.
- 43:02Speaker 1: I just saw him shoot the guy again. I mean,
- 43:06Speaker 1: you know, you'd think after all these years prosecuting and
- 43:09Speaker 1: covering these cases, I'd be immune to it. I just
- 43:13Speaker 1: saw it again. And the guy I don't want I
- 43:17Speaker 1: hate to repeat myself, but Chuck Roberts, the victim comes
- 43:21Speaker 1: out of the store. You can see the shooter pointing
- 43:25Speaker 1: his finger at the woman, you know, yelling at her,
- 43:29Speaker 1: yelling as she's standing there. You see the husband come
- 43:32Speaker 1: out of the store. He walks up, he gets between them,
- 43:36Speaker 1: and he pushes the guy back and the guy falls
- 43:38Speaker 1: down on his rear end. Then he takes out a
- 43:42Speaker 1: gun and shoots the man. Dad, Chuck, I mean, am
- 43:46Speaker 1: I missing something? Not at all? And the complaint itself
- 43:49Speaker 1: filed by a district attorney Bernie McCabe, said that the
- 43:53Speaker 1: findings of an autopsy were consistent with the video footage
- 43:57Speaker 1: in which mcglockton appeared to be turning a from Draca
- 44:01Speaker 1: when he was shot. I don't know how an autopsy
- 44:04Speaker 1: can determine that, but that's in the complaints. Can tell
- 44:07Speaker 1: from the angle of the trajectory path, I mean, Dr Boberg,
- 44:11Speaker 1: you're the forensic psychiatrist. It's it's very A lot of times,
- 44:16Speaker 1: it's very easy to tell from the path the bullet takes.
- 44:19Speaker 1: If it's it's angled. You can tell the guys turning
- 44:24Speaker 1: away at the time of the shooting. This is gonna
- 44:26Speaker 1: be downward to upward. That's how that goes down exact. Yea,
- 44:32Speaker 1: and the shooter Jackie is pointing out to me, is
- 44:34Speaker 1: still on the ground. So that's where we get the
- 44:37Speaker 1: angular path from an elevated position. So Chuck Roberts go ahead. Well.
- 44:43Speaker 1: The complaint also says that they used a three D
- 44:45Speaker 1: scanner on the crime scene video and showed that the
- 44:50Speaker 1: distance between Drake and McLaughlin was about twelve feet. I'm
- 44:54Speaker 1: not sure whether that's uh, you know, crucial uh in
- 44:58Speaker 1: the investigation. But Dreaka faces three years in prison. It
- 45:03Speaker 1: is not clear at this point whether he has an attorney. Well,
- 45:05Speaker 1: if he doesn't have attorney, an attorney, he'll have one
- 45:08Speaker 1: appointed to him. To Stephen Lampley Um Stephen as a
- 45:14Speaker 1: police veteran, former s VU detective, author of Outside Your
- 45:20Speaker 1: Door stories and cases in his police career, including his
- 45:23Speaker 1: arrest of the Clearmont killer. That was no easy thing,
- 45:27Speaker 1: Stephen Lampley. The more I look at this video, at first,
- 45:32Speaker 1: I was thinking, well, the victim pushed the guy. Is
- 45:36Speaker 1: that going to be construed as self defense? I look
- 45:39Speaker 1: at it. He comes, the victim comes right between walks up.
- 45:44Speaker 1: It's not like running like a mad dog. He walks
- 45:49Speaker 1: up out of the store. You can see another patron
- 45:52Speaker 1: running the store and say something. Then you see him
- 45:55Speaker 1: come out. He walks between the two, his wife and
- 45:59Speaker 1: the victor, the shooter, and he pushes him. He falls
- 46:02Speaker 1: on his rear end immediately pulls a gun and shoots
- 46:05Speaker 1: him dead. I'm just telling his Steve, and that just
- 46:07Speaker 1: just does not look like self defense, justifying mortal a
- 46:12Speaker 1: mortal wound. And see you're you're correct there. And I
- 46:14Speaker 1: watched the video over and over and over and over.
- 46:18Speaker 1: I see what you're saying, and uh, well, you know,
- 46:21Speaker 1: he's on the ground. He doesn't know what's going to
- 46:23Speaker 1: happen next. Although the mcglocktin pushes him down, it was
- 46:28Speaker 1: a pretty violent push, pushes him down to the ground
- 46:31Speaker 1: and and does take like a little lean into it,
- 46:34Speaker 1: but he backs up eventually. I did not, as as
- 46:38Speaker 1: nobody else to say, I did not see any additional
- 46:41Speaker 1: physical threat beyond that point. And then when he pulls
- 46:45Speaker 1: the gun out, uh, mcclocktin does back up and leave,
- 46:49Speaker 1: so that I did not see any additional physical threat
- 46:54Speaker 1: at that time. And I do I think that he
- 46:57Speaker 1: was shotting wrongly. Yeah, I do, based on that video,
- 47:03Speaker 1: and ultimately I believe that that's why he was invited
- 47:06Speaker 1: on that very fact. Well, I see the dad going
- 47:11Speaker 1: in the store with his little five year old following
- 47:13Speaker 1: along behind him. Then I see, you know, Draco waits
- 47:18Speaker 1: until the man is gone. Then he goes up and
- 47:21Speaker 1: starts yelling at the woman pointing at her, fussing at her.
- 47:28Speaker 1: You see a patron run in and get the dad.
- 47:31Speaker 1: He comes out. Drake is getting closer and closer to
- 47:35Speaker 1: the wife and Brittany Jacobs, and then you see him
- 47:40Speaker 1: come between them and push him away from the wife.
- 47:43Speaker 1: What about the theory of defense of another, Chuck Roberts,
- 47:48Speaker 1: That is a viable theory under the law, not just
- 47:51Speaker 1: defense of yourself, but the defense of a third party.
- 47:55Speaker 1: If I see someone attacking my husband or my children,
- 48:00Speaker 1: Dart Ryan, I'm going to get in there and start
- 48:02Speaker 1: start firs gonna fly. Okay, so I I every no
- 48:08Speaker 1: one has even mentioned defense of a third person. That's
- 48:11Speaker 1: defense of the wife. Brittany exactly. Yeah. I mean these
- 48:16Speaker 1: two laws are in conflict. I mean, in the past,
- 48:19Speaker 1: defense attorneys had to explain why their client deserved immunity
- 48:24Speaker 1: in the killing. But now, as of about a year ago,
- 48:27Speaker 1: they rewrote the law. The state has to prove that
- 48:31Speaker 1: someone who claims they were standing their ground are wrong.
- 48:34Speaker 1: The burden is on the state. And you don't need
- 48:37Speaker 1: to back away from a threat. You don't need to
- 48:40Speaker 1: walk away. You can stand your ground. Take a listen
- 48:43Speaker 1: to Brittany Brittany Jacob speaking to our friends at CBS
- 48:48Speaker 1: this morning. We're just trying to protake me his kids.
- 48:51Speaker 1: Do you want me to, you know, move my car?
- 48:53Speaker 1: But you know I have my right to part anywhere
- 48:55Speaker 1: I want to part. What did he take from you?
- 48:59Speaker 1: Yea m hm, My soul? You know, my partner. You
- 49:07Speaker 1: know we did everything together. You know it's tough. Nancy
- 49:14Speaker 1: Grace Cribs Stories, signing off, goodbye friend