A still photo from a surveillance camera showing what police describe as Michael Drejka shooting Markies McGlockton on July 19, 2018.
PHOTO: Surveillance Video
A still photo from a surveillance camera showing what police describe as Michael Drejka shooting Markies McGlockton on July 19, 2018.
Now playing
02:04
Man may avoid charges in fatal shooting over law
LOS ANGELES, CA - AUGUST 18, 2014:  Samuel Little, who was indicted on charges that he murdered three women in Los Angeles in the 1980s, listens to opening statements as his trial begins on AUGUST 18, 2014.  (Photo by Bob Chamberlin/Los Angeles Times via Getty Images)
PHOTO: Bob Chamberlin/Los Angeles Times/LA Times via Getty Images
LOS ANGELES, CA - AUGUST 18, 2014: Samuel Little, who was indicted on charges that he murdered three women in Los Angeles in the 1980s, listens to opening statements as his trial begins on AUGUST 18, 2014. (Photo by Bob Chamberlin/Los Angeles Times via Getty Images)
Now playing
01:01
He could be connected to 90 slayings
PHOTO: WABC
Now playing
00:54
Police: Stabbing victims included 3-day-old baby
Images from the scene of a car jacking in Dallas, Texas.
PHOTO: KVTV
Images from the scene of a car jacking in Dallas, Texas.
Now playing
00:56
Mom shoots alleged carjacker with kids in car
PHOTO: From Bravo TV
Now playing
02:02
More women say California surgeon drugged, raped them
PHOTO: Celia Barquin Arozamena/ Facebook
Now playing
01:07
Homeless man charged in slaying of Celia Barquín
PHOTO: West Chester Borough Police Department
Now playing
00:52
Police: Man kills parents, shoots at ex-wife
PHOTO: Loudlabs
Now playing
00:41
Multiple people shot at apartment complex
PHOTO: City of Manteca
Now playing
01:43
2 Sikh men viciously attacked in California
Rodolfo Rodriguez of Mexico told CNN he was visiting family in The Willowbrook neighborhood of Los Angeles when he was attacked by a woman.  A witness says she saw a woman beating Rodriguez with a small concrete block she held in her hand. His nephew says he suffered a broken jaw, broken cheek, two broken ribs and countless bruises.
PHOTO: Paul Vercammen/CNN
Rodolfo Rodriguez of Mexico told CNN he was visiting family in The Willowbrook neighborhood of Los Angeles when he was attacked by a woman. A witness says she saw a woman beating Rodriguez with a small concrete block she held in her hand. His nephew says he suffered a broken jaw, broken cheek, two broken ribs and countless bruises.
Now playing
01:33
Man beaten with brick on daily walk
3 men sought in alleged rape, kidnap of two Ohio teen sisters. From Left: Juan Garcias Rios Adiel, David Ramos Contreras, Arnulfo Ramos
PHOTO: Bowling Green Police
3 men sought in alleged rape, kidnap of two Ohio teen sisters. From Left: Juan Garcias Rios Adiel, David Ramos Contreras, Arnulfo Ramos
Now playing
00:47
Manhunt underway for 3 men accused of assault
PHOTO: Facebook
Now playing
00:56
Cop stun-guns man sitting on sidewalk
PHOTO: KBOI
Now playing
01:58
6 children, 3 others stabbed at complex
maryland shooting 3
PHOTO: wjla
maryland shooting 3
Now playing
01:30
5 killed in Maryland newspaper shooting
PHOTO: Twitter/@MNPDNashville
Now playing
01:08
Gunman kills 4 at Waffle House near Nashville
PHOTO: POOL
Now playing
01:38
Turpin parents barred from contacting kids
(CNN) —  

Florida’s “stand your ground” law could save a man from prosecution after he fatally shot another man following a heated argument over a parking space at a convenience store.

The shooting took place Thursday after Britany Jacobs, 24, parked in a handicapped-accessible spot at the Circle A Food Store in Clearwater, according to a news release from the Pinellas County Sheriff’s Office.

Sheriff’s detectives said Michael Drejka, 47, approached Jacobs while her boyfriend Markeis McGlockton, and the couple’s 5-year-old son, Markeis Jr., went into the store. Drejka and Jacobs began arguing about her parking in the handicapped parking space.

Witnesses told police that McGlockton came outside, walked over to Drejka while he was arguing and “forcibly pushed” Drejka, causing him to fall.

“This is a violent push, this wasn’t a shove, this wasn’t just a tap,” Pinellas County Sheriff Bob Gualtieri said during a Friday press conference.

In response, the news release stated, Drejka pulled out a handgun while he was on the ground and shot McGlockton in the chest.

“Witnesses say McGlockton walked back into the convenient store where he collapsed,” the release stated. He was taken to a hospital where he died.

Drejka was cooperative with deputies, the release said. He had a valid Florida concealed weapons license, it added. The statement did not indicate whether Jacobs’ car had a handicapped sticker.

Sheriff Gualtieri said the only relevant issue is whether Drejka was in fear of further bodily harm from McGlockton.

“He felt, after being slammed to the ground, that the next thing was that he was going to be further attacked by McGlockton,” Gualtieri said, adding that the time between Drejka hitting the ground and shooting was about four to five seconds.

Efforts by CNN over two days to contact Drejka were not successful.

A change in the law

The framework of Florida’s ‘stand your ground’ law was changed this year, Gualtieri said. Before, the defendant/shooter used “stand your ground” as a defense and had to prove they were in fear of further body harm, the law now says the state attorney has to provide “clear and convincing evidence” that the defendant/shooter is not entitled to “stand your ground” immunities.

“Nowhere else is there anything like this in criminal law where somebody asserts something and the burden then shifts to the other person,” Gualtieri said. “That’s a very heavy standard and it puts the burden on the state.”

Gualtieri said the case will go to the state attorney. Meanwhile, “Drejka will not be charged, will not be arrested by us … either (the state attorney) will concur or not and if he concurs, there will be no arrest.”

A spokeswoman for the Florida state attorney in Clearwater told CNN Monday that the office had not yet gotten the case from the sheriff’s department but would investigate the shooting once the case is received.

In his remarks Friday, the sheriff added that while others can debate the law as it applies in this incident, “I just ask everybody to understand … I don’t make the law. But I will enforce the law and I will enforce it fairly as the legislature has directed that it be enforced. And under these circumstances, this fits within the framework that the Florida Legislature has crafted.”