Local attorney weighs in on controversial Stand Your Ground case in Florida

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HUNTSVILLE, Ala. – A shooting caught on camera Thursday in Florida is sparking outrage because the man who pulled the trigger may not face any charges.

The shooting happened at a gas station in Pinellas County. Sheriff`s investigators said 47-year-old Michael Drejka approached a vehicle parked in a handicap spot.

A 24-year-old Britany Jacobs and her children were in the car, her boyfriend Markeis McGlockton was inside the store with their other child.

Deputies said Jacobs and Drejka started arguing, then McGlockton came out and shoved the older man.

In the surveillance video, you can see the young father being shot by Drejka. He died from his injuries.

The sheriff`s office didn`t arrest the gunman because of the stand your ground law.

At least 24 states have passed such laws including Alabama. "I think the guy who shoved him was reasonable. He comes back and sees this going on," Attorney Mark McDaniel explained.

After watching the video once, McDaniel said the stand your ground law doesn`t apply in this case; in his professional opinion.

"He just pushed him down. That is manslaughter. The stand your ground would not apply to that," McDaniel explained.

It`s an opinion many others share. Florida protestors have taken their frustration to the streets.

McDaniel said the main point to the stand your ground law is you must have the self-defense element.

"What the people need to understand is a push or somebody hitting you that does not give you the grounds to use deadly force or physical force. That's physical force you can't come back with deadly physical force," McDaniel explained.

McDaniel said a person can use deadly physical force if the person reasonably believes the other person is using or is about to use unlawful physical deadly force against them committing or about to commit an assault in the first or second degree, robbery in the first degree, burglary in the first degree, or any forcible sex offense. He said then you can kill someone and don`t have to retreat.

If you are somewhere you have the right to be, like your home, this law can protect you.

"You don`t have to wait for the person to actually come out of their pocket with a gun if you reasonably believe the other person is or about to commit this crime," McDaniel said.

During a news conference on Friday, The Pinellas County Sheriff told reporters the push made by the boyfriend was violent and it wasn`t just a tap.

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