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Stand Your Ground Law

Posted by on Apr. 19, 2012 at 1:03 PM
  • 4 Replies

No one hurt yet Marissa Alexander faces 25 yrs in prison for Standing her Ground in Florida?

Jacksonville : FL : USA | Apr 19, 2012 at 6:08 AM PDT
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Marissa Alexander convicted Standing her Ground
Marissa Alexander convicted for standing her ground:no one was hurt

 

Stand Your Ground came to the forefront after Trayvon Martin was shot and killed by George Zimmerman in Sanford, Florida on February 26. Many didn't even know such a law existed.

The 28-year-old self-appointed neighborhood watch captain claimed he fatally shot the 17-year-old high-schooler in self-defense even though Trayvon was unarmed with only candy and a drink on him.. It took 45 days for him to be arrested and charged, for the Sanford police say they didn't have any grounds to keep him in custody and then State Attorney Norm Wolfinger had barred them from filing charges. Stand Your Ground was in full protection mode in this case.

Not so for one young woman, who also lives in Florida, Jacksonville to be exact. Which shines a glaring spotlight on the many cons of this legislation added to Florida's judicial books in 2005 by then governor Jeb Bush, brother to former President George W. Bush. To date 25 other states have followed in Fl.'s footsteps. A reported 130 people were killed in that State since the law came into effect. Of that number, only 19 were convicted.

One such con is Marissa Alexander, who has been convicted and is reportedly facing 25 years hard time for discharging a gun to scare off her alleged abusive husband. No one was hurt in the process, yet Marissa is sitting in jail.

The Internet is having an outraged conversation on this apparent double standard but the main-stream is eerily silent on this case. How many more travesties are there out there? How many casualties of Stand Your Ground?

This seems like the reverse of Trayvon-Zimmerman tragedy. In the teen's case, the law worked well for his killer until an overwhelming outpouring of outrage blanketed Florida and the rest of the country. Special prosecutor Angela Corey said her state doesn't respond to pressure but follows the law to the letter.

Right--we know better. Somehow that same law didn't see fit to arrest and charge the neighborhood watch for shooting a boy in his chest, at point blank range, until 'the pressure' was applied.

But in 2010, Corey and Florida saw it fit to arrest and charge Marissa Alexander for discharging her gun at the roof of her home to scare off her husband. She was allegedly protecting herself for he had been abusive before and was threatening her at the time.

No one was shot or even hurt. She reportedly had a permit for the gun and was Standing Her Ground. Prosecutors based their charges on the premise that Marissa could have retreated through a back door or window if she felt trapped by her husband.

But doesn't Stand Your Ground stipulate that one can stand their ground and use deadly force if they felt threatened or feared for their life and do not have to retreat?

Marissa's ex-husband has created a website to get the word out, fighting to free her. She is a mother of 3 and was arrested 9 days after her pre-mature baby was born. That baby was still in the Intensive care Unit when she was allegedly confronted by her angry husband.

According to her Ex lincoln B. Alexander Jr., who is telling the story on Marissa's behalf, she now sits in the pre-trial Detention facility in Jacksonville, Fl. awaiting sentencing and cannot be with her children. She was charged and convicted of 3 counts of aggravated assault with a deadly weapon with no intent to harm.

On August 1, 2010 when the alleged incident occured, Marissa said she was about to leave her abusive husband when he confronted her in the bathroom and began to choke her. She wrote that she ran but while in the garage she realized she couldn't open the garage doors because of a mechanical failure and she had also forgotten her phone and keys. Trapped, she allegedly went back to retrieve them, thinking he had already left because he was on his way out with her 2 stepsons.

Again, according to Marissa, he did not leave but came back minus the children and shouted," Bitch, I will kill you! She said he charged towards her so she took out the gun she had taken from her truck and fired a warning shot towards the ceiling. Husband supposely ran away then and called the police.

It was then her life seem to fall apart for hubby allegedly told police that she had tried to kill him and the children. Even though she had a restraining order and a filed police complaint of spousal abuse, they still took his word over hers.

So here sits the 31 year old mother, 2 years later, convicted and fighting to stay out of prison. Incidentally the State Prosecutor now on Trayvon Martin's case, Angela Corey, also handled Marissa's. Even though her husband recanted and admitted he was the aggressor, the State still proceeded with the case.

You can learn more on Marissa's case No:2010-CF-8579

Division:CR-G by clicking links below:

CBS Jacksonville News 47

What is really going on in Florida and other parts of America,where Stand Your Ground is part of the law? Is there unequal justice loose in numerous counties and cities?

There is also another case in Georgia where homeowner John McNeil who was reportedly Standing His Ground in his home, warned an assailant not to come any closer and shot him when that man still charged him. He is now in prison serving a life sentence.

Acording to msnbc, 6 years ago the McNeils, a Black family, hired Brian Epps's who is White, and his contruction company to build their house. The relationship was a rocky one and Epps allegedly became increasingly threatening. This bad relationship escalated to a fatal shooting on December 6, 2005.

On that fateful day, McNeils teenaged son had reportedly called him about a strange man lurking in the back yard. When the dad came home, he recognised Epps and told him to leave. He said Epps didn't leave but instead went to his truck for something and came towards him. McNeil told him to leave again and fired a warning shot at the ground. Epps allegedly didn't comply and charged at the homeowner very fast, who then fired his gun a second time, fataly shooting him in the head.

Read the details here:

Rania Khalek detailed the confrontation in Salon:

So wasn't McNeil Standing His Ground in Cobb County Georgia where Stand Your Ground is also the law? It is starting to look like Stand Your Ground works only if the shooter is a certain color?

Someone once wrote under one of articles,"Stop using the race card." I will say what a good friend of mine says so succintly,' I will retire my race card, when you put an expiration date on your racism." Is America's judicial system yet to stamp an expiration date on bias and prejudiced practices?

by on Apr. 19, 2012 at 1:03 PM
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Replies (1-4):
jessilin0113
by Ruby Member on Apr. 19, 2012 at 4:55 PM
Bump
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JamesMom714
by Bronze Member on Apr. 19, 2012 at 4:56 PM
1 mom liked this
Sadly the way this law was written she would have been better off shooting him (and if hubby beat me while pregnant and threatened to do it again I would have!)
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PamR
by Ruby Member on Apr. 19, 2012 at 5:12 PM

BUMP!

jessilin0113
by Ruby Member on Apr. 19, 2012 at 5:59 PM
It is 100% insane to be penalized for NOT taking a life. This encourages vigilantism (sp?) if not straight up murder. After all, if you shoot to kill there is no way the victim can speak in his defense.
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