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FL woman get MM of 20 yrs after trying the SYG defense...

On Aug. 1, 2010, Marissa Alexander was working for a payroll software company. She was estranged from her husband, Rico Gray, and had a restraining order against him, even though they'd had a baby together just nine days before. Thinking he was gone, she went to their former home to retrieve the rest of her clothes, family members said.

An argument ensued, and Alexander said she feared for her life when she went out to her vehicle and retrieved the gun she legally owned. She came back inside and ended up firing a shot into the wall, which ricocheted into the ceiling.

Gray testified that he saw Alexander point the gun at him and looked away before she fired the shot. He claims she was the aggressor, and he had begged her to put away the weapon.

A judge threw out Alexander's "stand your ground" self-defense claim, noting that she could have run out of the house to escape her husband but instead got the gun and went back inside. Alexander rejected a plea deal that would have resulted in a three-year prison sentence and chose to go to trial. A jury deliberated 12 minutes before convicting her. 

Marissa Alexander had never been arrested before she fired a bullet at a wall one day in 2010 to scare off her husband when she felt he was threatening her. Nobody got hurt, but this month a northeast Florida judge was bound by state law to sentence her to 20 years in prison.

Alexander, a 31-year-old mother of a toddler and 11-year-old twins, knew it was coming. She had claimed self-defense, tried to invoke Florida's "stand your ground" law and rejected plea deals that could have gotten her a much shorter sentence. A jury found her guilty as charged: aggravated assault with a deadly weapon. Because she fired a gun while committing a felony, Florida's mandatory-minimum gun law dictated the 20-year sentence.

On May 2013 her case in Jacksonville has drawn a fresh round of criticism aimed at mandatory-minimum sentencing laws. The local NAACP chapter and the district's African-American congresswoman say blacks more often are incarcerated for long periods because of overzealous prosecutors and judges bound by the wrong-headed statute. Alexander is black.

It also has added fuel to the controversy over Florida's "stand your ground" law, which the judge would not allow Alexander to invoke. State Attorney Angela Corey, who also is overseeing the prosecution of shooter George Zimmerman in the Trayvon Martin case, stands by the handling of Alexander's case Corey says she believes Alexander aimed the gun at the man and his two sons, and the bullet she fired could have ricocheted and hit any of them.

This here ^^^^^^^^^^^ is straight bullshit

 

Thoughts?? Well besides the fact DA Corey had her hands in it.  I disagree with the fact the girl got 20 yrs, but I do believe it will get overturned and she will get out after time served.

Answer Question
 
Michigan-Mom74

Asked by Michigan-Mom74 at 12:30 AM on Jul. 24, 2013 in Politics & Current Events

Level 34 (66,351 Credits)
Answers (12)
  • She filed the restraining order, took it upon herself to go to the home they both shared to receive her belongings WITHOUT the aid of police escort!
    WTF did she think would happen?

    Throw out the race card, she's a fucking idiot to go out to her car and not only retrieve a gun but fire it!
    She's lucky she's not in jail for murder!
    PMSMom10

    Answer by PMSMom10 at 12:42 AM on Jul. 24, 2013

  • Here is the part I am having a problem with:


    An argument ensued, and Alexander said she feared for her life when she went out to her vehicle and retrieved the gun she legally owned. She came back inside and ended up firing a shot into the wall, which ricocheted into the ceiling.


    Fearing for my life, I would go to the vehicle and leave or leave the scene and call the police.


    Equally, I am having a problem with this:


    Corey says she believes Alexander aimed the gun at the man and his two sons, and the bullet she fired could have ricocheted and hit any of them.


    Do we prosecute people for what they 'could have' done?  

    QuinnMae

    Answer by QuinnMae at 1:07 AM on Jul. 24, 2013

  • She was safely out of the home and in her vehicle. So I think that negates SYG.
    PartyGalAnne

    Answer by PartyGalAnne at 1:19 AM on Jul. 24, 2013

  • It SYG, not go outside, get your gun, come back inside, and stand your ground. Like said above, its a little much to get sentenced 20 yrs, but FL has the mandatory minimum laws. Get 20 yrs for what she did, get 25 yrs if you shoot and wound someone. Go figure. I would agree with Obama if he said the MM laws encourages shoot to kill. Maybe Biden should get in trouble for saying its ok to fire warning shots...
    Michigan-Mom74

    Comment by Michigan-Mom74 (original poster) at 1:40 AM on Jul. 24, 2013

  • She's an idiot. First of all, if she was really afraid for her safety, she should have gotten in her car and left. She could have gone back to her home later with a police escort to get her belongings. Secondly, she should have accepted a plea deal. Now her children will grow up without a mother because she tried to prove a point. Race has nothing to do with an utter lack of common sense.
    Ballad

    Answer by Ballad at 1:56 AM on Jul. 24, 2013

  • She can't use Stand Your Ground. Stand Your Ground means you don't have to run away or try any other method of stopping an attack - you can use force, a gun, etc. to defend yourself immediately.

    She left the house, got the gun and came back. That's not SYG. She was out of the house. At that point, she could have gotten in her car and left, and the whole thing would have been over. She chose to get a gun and go back inside.
    wendythewriter

    Answer by wendythewriter at 7:00 AM on Jul. 24, 2013

  • Yeah, not stand your ground when you leave, get a gun and come back. Not to mention it wasn't her property anymore. Plus, since she had filed a restraining order, she needed to get a police escort to go to the place he lived and get her stuff back. She is an idiot and a half. Does she deserve 20 years, hell fucking no!
    kmath

    Answer by kmath at 10:54 AM on Jul. 24, 2013

  • Like stated- she is an idiot. This woman, however, is not.

    feralxat

    Answer by feralxat at 11:56 AM on Jul. 24, 2013

  • This woman, however, is not.


    Oh man, that story is wrong on so many different levels. I can't believe she went to jail for surviving a brutal attack.
    kmath

    Answer by kmath at 1:01 PM on Jul. 24, 2013

  • I don't know all of the facts of this case, but I can see why SYG wouldn't work for a defense based on the leaving and coming back in portion. That said, I too would not leave if my children were in a home with a violent person, I would go back in to get them.
    MeandMyBabes

    Answer by MeandMyBabes at 4:28 PM on Jul. 24, 2013

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