ST. PETERSBURG, Fla. — The attorney for the family of Markeis McGlockton says Florida's "stand your ground" law is flawed and some state lawmakers agree.
It's a case now garnering national attention.
Rep. Ben Diamond, D-St. Petersburg, is one lawmaker now pushing for changes.
While he wouldn't go so far to say he'd pursue a full repeal of the controversial law, Diamond says he would like to undo changes made to the law last year shifting the burden of proof from defendants who invoke the law as grounds to dismiss charges to prosecutors.
►Florida's "stand your ground" law: How we got here after an argument over a parking spot
"Stand your ground" became law in Florida in 2005. The original law passed with unanimous, bipartisan support in the state Senate. If an individual tried to invoke the law in his or her defense it was that individual's responsibility to prove his or her innocence.
However, the burden is now on the prosecution to prove a person is not under the protection of the law if an individual asserts that protection.
Diamond says the recent confrontation over a parking spot in Clearwater that ended in the fatal shooting of Markeis McGlockton is why he's now seriously pushing for reform.
"We’re seeing now the reasons why this is so problematic and tragic," Diamond said.
Surveillance video from outside the Circle A convenience store on Sunset Pointe Road in Clearwater shows Michael Drejka being pushed to the ground by McGlockton after the two began to fight about where McGlockton's girlfriend had parked. Drejka then takes out a gun and fires one shot at McGlockton, hitting him.
McGlockton later died at the hospital.
Pinellas County Sheriff Bob Gualtieri said authorities would not arrest Drejka for the shooting, citing the state’s "stand your ground" law, which he called "largely subjective." Prosecutors, however, will get the final say.
Diamond says he fears the law in its current form gives a shooter too much authority to make a potentially deadly decision without having to be the one to back it up.
"We've changed the law in such a dramatic way, so quickly, that I'm afraid we're actually making our community less safe," Diamond said. "Obviously, it's about striking the right balance between individuals having the right to defend themselves, but our law enforcement and prosecutors having the ability to do their jobs."
What remains to be seen is whether the state's Republican-controlled legislature will take up the issue.
Diamond says he remains optimistic. Not many people expected the bipartisan effort following the Parkland school shooting to move as quickly as it did, he argues, and this should elicit the same type of response.
The state attorney's office is now reviewing the case. Among the questions to be answered is whether shooting someone in response to being pushed down is how a reasonable person would react in a similar situation.
It's unclear if any charges will be filed against Drejka.
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