McGlocton, Jacobs' 28-year-old boyfriend and their 5-year-old son, Marques Jr., were at the Clearwater, Florida store. MacLacton then stepped outside, stepped up to Drake, and forcibly pushed him, causing him to fall to the ground.
While sitting on the ground, Drake pulled out his gun and shot McGlacton, who began to recoil, surveillance videos, the whole incident lasted only a few seconds.
After the shooting, Drake cooperated with police and holds a valid concealed weapons license in Florida, police said. And although he started the dispute and escalated the encounter with a gun, he was initially not arrested in the murder because the Pinellas County Sheriff said the law "straighten your land" appears to give him immunity.
"He felt after being hit on the ground that the next thing was that he would be further attacked by McGlotton," then Pinellas County Sheriff Bob Gualtieri said.
"I've never been confronted like this, I've never been attacked like this, if you ever will," Drake
The jury selection in his trial begins on Monday. Drake's counsel did not respond to requests for comment Sunday afternoon.
The argument for self-defense
In the original case, in which he did not accuse Drake, Sheriff Gualtieri stated that the law set a very high standard of proof of arrest when someone claimed to have taken their stand.
"Nowhere else is there something like that in criminal law where one claims something and the burden is passed on to the other person," Gualtieri said. "This is a very heavy standard, and it carries the brunt of the state."