Cypress Sun Posted August 22, 2019 Share Posted August 22, 2019 I was watching a little of the State of Florida vs Drejka trial on tv with my girlfriend. See likes Court TV. For those that are not familiar with the case, it's a manslaughter trial in which Drejka shot a man after being blind sided and shoved to the ground violently by the deceased outside of a Clearwater, Fl convenience store. He had a concealed firearm and permit. The store video captured it all and is the main evidence in the case. The video shows exactly what happened. My point is that he waived his right to silence and was interviewed by detectives without legal council. In every book or article I've ever read, they advise to NEVER give anything other that the basic information to law enforcement without legal representation. Me personally, I would not give an interview without legal council. In no way do I fault the Pinellas Co. Sheriffs Department for the interview which, of course, is part of the trial. This brings me to my question, would you waive your right? I am especially curious as to our LEO's viewpoint. For what it's worth and based on the video, I think he made a split second decision and should be acquitted. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted August 22, 2019 Share Posted August 22, 2019 No. Never waive your right to remain silent. Never speak to the police without having an attorney representing you. Just don't do it. Also Never consent to a search and never let the police in your home without a warrant. If they want to speak with you, step outside and lock the door behind you and then listen, but don't talk. If you follow this advice, it will make things more difficult on the front end, but you will save yourself from a lot of trouble down the road. Link to comment Share on other sites More sharing options...
Father Kit Cool Gun Garth Posted August 22, 2019 Share Posted August 22, 2019 For those not familiar with the case, here is the video in question. Although there is a warning at the beginning of the video... ...this one has no graphic violence other than Drejka being shoved to the asphalt. The actual fatal shot is not shown. Your call based on this evidence alone? Link to comment Share on other sites More sharing options...
bgavin Posted August 22, 2019 Share Posted August 22, 2019 45 minutes ago, J. Mark Flint #31954 LIFE said: No. Never waive your right to remain silent. Never speak to the police without having an attorney representing you. Been there, done that. 100% agree with J.Mark Flint on this. My attorney told me, "The policeman is not your friend." This is his time, not yours, and remain silent. You will get your time to speak, but that time is not now. Link to comment Share on other sites More sharing options...
The Original Lumpy Gritz Posted August 22, 2019 Share Posted August 22, 2019 NO-never, ever As a former LEO-Some of my best cases came to be because the defendants wouldn't shut-up. OLG Link to comment Share on other sites More sharing options...
Matthew Duncan Posted August 22, 2019 Share Posted August 22, 2019 NO! There is the person(s) that tried to kill me, there is their weapon and there are the witnesses. Then shut up! Link to comment Share on other sites More sharing options...
Captain Bill Burt Posted August 22, 2019 Share Posted August 22, 2019 He attacked me. I was in fear of my life. I had to defend myself. I want to speak to my lawyer. This bozo is going to prison. The dead guy was backing away, almost turned sideways to the shooter. I've seen the whole video. Bullet hit at an angle that supports the victim not fulling facing the shooter. The shooter made tons of stupid statements. The shooter has a history of being accused of pointing guns at people. If that stuff makes it into trial he's toast, and should be. Link to comment Share on other sites More sharing options...
Hashknife Cowboy Posted August 22, 2019 Share Posted August 22, 2019 Miranda mandates the following: If you are arrested (you must understand you are under arrest), Taken into custody or it is your belief that you are in police custody, Questioned by the police about the crime you were arrested for, An admonishment of Miranda must take place prior to the questioning. The accused must understand the warnings and verbally agree to talk or remain silent. The 5th Amendment protects the accused against self incrimination and the 14th guarantees due process of law. I am not an attorney, just retired LEO and remember anything you say will be used in court, generally against you. Be polite, share your identity, do not resist and politely take the 5th. So do not waive your rights. Link to comment Share on other sites More sharing options...
Calico Mary Posted August 22, 2019 Share Posted August 22, 2019 Unfortunately, there are far too many people that should remain silent but lack the ability to do so.... Link to comment Share on other sites More sharing options...
Capt. James H. Callahan Posted August 22, 2019 Share Posted August 22, 2019 I sat on the jury in a DWI trial some years ago. The guy got off but was most likely drunk. I took away that you don't want to take a breath test either. Unless you're knee walking snot slinging drunk the police will have no real evidence. JHC Link to comment Share on other sites More sharing options...
Smoken D Posted August 22, 2019 Share Posted August 22, 2019 Depends on the circumstances on what to say or not say. Many a murder talked, but many I sure wished they did. Only a very few got away with murder which was always a shame. Link to comment Share on other sites More sharing options...
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