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Florida Woman Sentenced to 20 Years Over Warning Shot to Abusive Husband

Kyle 2012/05/11 20:17:04

(CNN) — Saying he had no discretion under state law, a judge
sentenced a Jacksonville, Florida, woman to 20 years in prison Friday
for firing a warning shot in an effort to scare off her abusive husband.


Marissa Alexander unsuccessfully tried to use Florida’s controversial
“stand your ground” law to derail the prosecution, but a jury in March
convicted her of aggravated assault after just 12 minutes of
deliberation.


The case, which was prosecuted by the same state attorney who is
handling the Trayvon Martin case, has gained the attention of civil
rights leaders who say the African-American woman was persecuted because
of her race.


After the sentencing, Rep. Corrine Brown confronted State Attorney
Angela Corey in the hallway, accusing her of being overzealous,
according to video from CNN affiliate WJXT.


“There is no justification for 20 years,” Brown told Corey during an
exchange frequently interrupted by onlookers. “All the community was
asking for was mercy and justice,” she said.


Corey said she had offered Alexander a plea bargain that would have
resulted in a three-year prison sentence, but Alexander chose to take
the case to a jury trial, where a conviction would carry a mandatory
sentence under a Florida law known as “10-20-life.”


The law mandates increased penalties for some felonies, including aggravated assault, in which a gun is carried or used.


Corey said the case deserved to be prosecuted because Alexander fired
in the direction of a room where two children were standing.


Alexander said she was attempting to flee her husband, Rico Gray, on
August 1, 2010, when she picked up a handgun and fired a shot into a
wall.


She said her husband had read cell phone text messages that she had
written to her ex-husband, got angry and tried to strangle her.


She said she escaped and ran to the garage, intending to drive away.
But, she said, she forgot her keys, so she picked up her gun and went
back into the house. She said her husband threatened to kill her, so she
fired one shot.


“I believe when he threatened to kill me, that’s what he was
absolutely going to do,” she said. “That’s what he intended to do. Had I
not discharged my weapon at that point, I would not be here.”


Alexander’s attorneys tried to use the state law that allows people
to use potentially deadly force anywhere they feel reasonably threatened
with serious harm or death.


But a previous judge in the case rejected the request, saying
Alexander’s decision to go back into the house was not consistent with
someone in fear for her safety, according to the Florida Times Union
newspaper.


A jury convicted Alexander in March and Judge James Daniel denied her request for a new trial in April.


Daniel handed down the sentence Friday after an emotional sentencing
hearing during which Alexander’s parents, 11-year-old daughter and
pastor spoke on her behalf.


Several people had to be escorted from the courtroom after breaking
out singing and chanting about a perceived lack of justice in the case,
but Daniel made a point to say that he had no choice under state law.


“Under the state’s 10-20-life law, a conviction for aggravated
assault where a firearm has been discharged carries a minimum and
maximum sentence of 20 years without regarding to any extenuating or
mitigating circumstances that may be present, such as those in this
case,” Daniel said.


Brown, the Jacksonville congresswoman, told reporters after the
sentencing that the case was a product of “institutional racism.”


“She was overcharged by the prosecutor. Period,” Brown said. “She never should have been charged.”


Brown has been more complimentary about Corey’s work in the Trayvon
Martin case, where her office filed second degree murder charges against
neighborhood watch volunteer George Zimmerman in the February 26 death
of the unarmed African-American teen-ager.


That case provoked nationwide protests demanding Zimmerman’s arrest
after an initial police investigation released him under the “stand your
ground” law.


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  • blissful 2012/05/12 08:10:42
    blissful
    +1
    What the Hell is wrong with the people of Law in the State of Florida!! Now you don't have a right to protect yourself from death-thrightening danger!!
  • XZQZQ 2012/05/12 08:09:49
    XZQZQ
    Neither Alexander nor Zimmerman should have been charged with a felony....
  • JanHopkins 2012/05/12 05:34:28
    JanHopkins
    +1
    She should have shot to kill. Fewer questions that way.
  • D D 2012/05/12 05:33:41
  • lucythetooth 2012/05/12 04:14:41
    lucythetooth
    +1
    She should have just killed him. The penalty for manslaughter is probably less.
  • ManBearPig lucythe... 2012/05/12 05:25:43
    ManBearPig
    +1
    she could have at least proved he tried to attack her... from what ive seen anyone who threatens your life you are better off killing them in the end.. many people have attacked people robbing their houses only to be charged with assault
  • Diana 2012/05/11 23:16:50
    Diana
    +1
    she should have shot him.Maybe she would have got less time.
  • strange_armour 2012/05/11 22:32:19
    strange_armour
    This is another classic example of people being pursecuted for defending themselves. Americans are steadily being indoctrinated into the belief that it is wrong to show any sign of a survival instinct, that to fight back is a sin. A bit like when a school bully gets mad at you for refusing to hand over your lunch money, as if it is his right to take it from you.
    The New World Order hate people who fight back.
    They want a nation of foppish and helpless people who are easy to contain and control.
  • being me 2012/05/11 22:17:04 (edited)
    being me
    Yeah, lets give people who are strong enough to hurt you more power. WTF!!

    I really wish women had some way of defending themselves against abusive men without being prosecuted for assault or murder when it is actually self defense.
  • Latti Ice Ganga Gangsta of ... 2012/05/11 20:45:34
    Latti Ice Ganga Gangsta of PHAET
    O_o
  • DiViews2014 2012/05/11 20:42:32
  • jubil8 BN-0 PON 2012/05/11 20:40:23
    jubil8 BN-0 PON
    So SYG doesn't apply when your husband abuses you? Florida does it again.

    I see the judge's sentencing problem, everything else about the case surprises me.

    Gotta love Florida law: You can shoot a teen-ager who's armed with candy and an alum. can and it takes 6 weeks for an arrest with national attention and original personnel stepping aside, but a woman with an abusive husband can't fire a warning shot into the wall. Unless she fired over her children's heads, their being in the room shouldn't have been dispositive imo.
  • Dale 2012/05/11 20:25:04
    Dale
    +2
    The only reason she should have been sentenced to 20 years is for missing the center of mass. Otherwise, she should be on the street right now and "hubbie" is slam.
  • obi_have 2012/05/11 20:20:59
    obi_have
    +3
    That's a BS sentence. No way that deserves 20 years. Booooo.

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