A man who shot and killed a stranger during a parking lot dispute is being charged with manslaughter twenty-five days after the incident.
Pinellas County authorities say Michael Drejka shot and killed Markeis McGlockton on July 19 at a Clearwater convenient store. The alleged shooter was not immediately arrested because Sheriff Bob Gualtieri said the homicide fell under Florida's stand your ground protections.
The state attorney for the circuit disagreed and charged Drejka on Monday.
The case sparked protests and heated debate over when the often controversial law should apply.
Signed into law by Governor Jeb Bush in 2005, the change removed the duty to retreat, or requirement to leave a dangerous situation if there is a threat.
Criminal defense attorney Curtis Fallgatter said before 2005, a person was required to retreat unless they were in their own home.
"Now you don't have to retreat from anywhere, a store, a parking lot," Fallgatter said. "But you can't resort to deadly force unless you're in a position where deadly force is going to be used against you or your loved one that happens to be with you."
Florida Criminal Statutes 776.012 and 776.013 on justifiable force say a person has a right to "stand their ground" unless they are involved in criminal activity at the time of the threat.
Fallgatter said a prosecutor or sheriff can decide if the immunity for a homicide applies, but ultimately a judge will make the final call in a hearing separate from a trial or jury.
In June of 2017, lawmakers made a significant change to 'stand your ground' by shifting the burden of proof from the potential defendant to the prosecutor.
On Friday, Florida legislators voted on whether to hold an emergency session to re-examine 'stand your ground' in light of McGlockton's case. The proposal did not earn enough votes to go forward, but pormpted calls for change by organizations like the NAACP.
An attorney representing the McGlockton family,Michele Rayner, said they plan to push to have 'stand your ground' repealed.
"[McGlockton] had the right to defend his family and to defend his children, and he used force [when he pushed Drejka] and he was met with deadly force," said Rayner. "Nowhere under the law that you can do that, so we are very confident as this case is evolving, we believe there will be a conviction."
Drejka could face a maximum of 30 years in prison if convicted for manslaughter.