State prosecutors could not immediately be reached for comment Monday. McGlockton ran back into the store where his five-year-old son was standing at the front door, watching the entire incident happen right before his eyes.
Drejka could be seen firing at McGlockton as the young father stepped away.
Surveillance video from the store shows McGlockton leave the store to defend his girlfriend. McGlockton fell to the ground inside of the store and he was pronounced dead at a local hospital.
But the attorney would have to provide "clear and convincing evidence that [he] was not entitled to use force", the sheriff said.
The sheriff, however, said the circumstances surrounding the shooting were not clear-cut.More news: Walmart Reportedly Eyeing Low-Cost Streaming Service to Rival Netflix, Amazon
The store owner tells ABC Action News that Drejka has a history of assaulting people in the very parking lot the shooting took place. He says prosecutors could still charge the shooter but Gualtieri's comments might make that hard. "That pause gives me some concern". Jacobs said before breaking down into tears.
Another Circle A customer, Rick Kelly, told NBC affiliate WFLA that he encountered Drejka in a similar situation a couple of months ago.
The mother said she started feeling "scared" as the argument quickly escalated.
"He was basically threatening to shoot me that day", Kelly said.
Community members plan to gather again to honor Markeis McGlockton with a vigil Sunday night. "There was no threats, but it was a disturbance that they were yelling at each other and he was complaining about her parking in the handicap spot". He was just protecting us, you know?
Florida's "stand your ground" law was enacted in 2005 and allows residents of the state to use deadly force if they "reasonably believe" they are at risk of death or great bodily harm. Florida goes the extra step of not requiring the gun owner to first try to flee from danger before pulling the trigger. The law was spotlighted following the 2012 slaying of 17-year-old Trayvon Martin when jurors discussed the statute in their deliberations before deciding to find George Zimmerman not guilty. He was acquitted of second-degree murder and manslaughter in July 2013.
Reeves has tried to claim self defense under the "stand your ground" law, but he has thus far been unsuccessful.