The Stand Your Ground law in Florida is being discussed after a deadly confrontation between neighbors. AJ Owens, a mother of four, was shot and killed by a neighbor during an argument. The shooter claims she was standing her ground in her own home, but Owens’ family is calling for her arrest. The incident started with children playing on a field next to the shooter’s house, which was a common occurrence. Legal expert Bill Sheaffer explains that the sheriff’s hands are tied and it is almost impossible to establish probable cause that the shooting was not a result of stand your ground or self-defense. Since the shooter was inside her home, the law works in her favor. The full story can be seen in the video above.
On Saturday, July 18th in Marion County, Florida, a mother of three named Markeis McGlockton was shot and killed in the parking lot of a convenience store. The altercation began when McGlockton’s girlfriend, Britany Jacobs, and alleged shooter Michael Drejka got into an argument about her parking in a handicap parking spot without a permit. When McGlockton saw Drejka accosting Jacobs, he pushed the alleged shooter away from his girlfriend and family. In response, Drejka pulled out a gun and shot McGlockton in cold blood.
The case is now at the center of a national conversation surrounding Florida’s controversial Stand Your Ground law, which states that individuals have the right to use deadly force if they believe their life is in danger. In a press conference about the incident, the Pinellas County Sheriff, Bob Gualtieri decided not to press charges against Drejka due to the law.
Critics of the law have argued that if McGlockton had been the shooter instead of Drejka, and if the roles and races were reversed, McGlockton would have quickly been charged with murder or manslaughter.
The law is built on an outdated version of self-defense since it was first passed in 2005. Even prior to the 2005 law, the state had statutes protecting self-defense that placed the burden of proof on the defendant. A Stand Your Ground case, however, allows the defendant to assert that they felt threatened and avoid a trial by claiming immunity.
Regardless of personal opinions on the Florida law, this recent incident demonstrates a fundamental flaw in its construction. As this case and other cases across the country shows, the Stand Your Ground law is often used as a way of avoiding trial by jury and a means of automatically exonerating people deemed to be in the ‘right.’ It has resulted in a wide range of victims, often selected based on their appearance and/or race.
Marion County’s shooting of McGlockton and the lack of any real judicial recourse is yet another example of how the Stand Your Ground law can lead to people taking the law into their own hands with impunity.
