CLEARWATER, Fla. -- A dispute over a parking space led to an argument and. Now, some are questioning the state's "stand your ground" law that has prevented the arrest of the gunman.
The shooting happened last Thursday in a convenience store parking lot as a family of five was parked in a handicapped spot. Markeis McGlockton, 28, and his 5-year-old son went inside the store. That's when 47-year-old Michael Drejka confronted McGlockton's girlfriend, Britany Jacobs.
"He was just harassing me about a parking space, about a handicapped parking space," she said.
McGlockton returned and shoved Drejka to the ground, prompting Drejka to draw his gun and fire a single shot into McGlockton's chest. He stumbled back in the store and collapsed in front of his son. Just a day later, the Pinellas County sheriff declared he could not charge Drejka.
Criminal defense attorney Anthony Rickman says the fact that McGlockton backed up after the shove raises concerns.
"The question is, at that point in time, was there the possibility of imminent serious bodily injury or death of Drejka that justified the use of deadly force? And after watching that video, I don't think so," Rickman said.
Twenty-three other states have so-called "stand your ground" laws that allow people to use deadly force against an attacker, and victims have no duty to retreat.
Jacobs is left trying to comprehend how her three children lost their father over a trip to buy snacks.
"All my man was trying to do was protect his girl like anybody else would, stand by his family's side," Jacobs said.
The case is not over. It's now up to Florida's state attorney to decide whether to seek a grand jury indictment but that won't happen anytime soon.