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Old 08-02-2013, 11:02 AM  
KILLER_CLOWN KILLER_CLOWN is offline
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Florida Judge Rejects "Stand Your Ground" Defense; Abused Wife Is Given 20 Years in J

Florida Judge Rejects "Stand Your Ground" Defense; Abused Wife Is Given 20 Years in Jail For Firing Warning Shots and Harming Nobody

Filed under complete ****ing bullshit.

A Florida woman who fired warning shots against her allegedly abusive husband has been sentenced to 20 years in prison.
Marissa Alexander of Jacksonville had said the state's "Stand Your Ground" law should apply to her because she was defending herself against her allegedly abusive husband when she fired warning shots inside her home in August 2010. She told police it was to escape a brutal beating by her husband, against whom she had already taken out a protective order.
CBS Affiliate WETV reports that Circuit Court Judge James Daniel handed down the sentence Friday.

Under Florida's mandatory minimum sentencing requirements Alexander couldn't receive a lesser sentence, even though she has never been in trouble with the law before. Judge Daniel said the law did not allow for extenuating or mitigating circumstances to reduce the sentence below the
20-year minimum.

"I really was crying in there," Marissa Alexander's 11-year-old daughter told WETV. "I didn't want to cry in court, but I just really feel hurt. I don't think this should have been happening."
Alexander was convicted of attempted murder after she rejected a plea deal for a three-year prison sentence. She said she did not believe she did anything wrong.

Complete Coverage: George Zimmerman trial and the Trayvon Martin case
She was recently denied a new trial after appealing to the judge to reconsider her case based on Florida's controversial "Stand Your Ground" law. The law states that the victim of a crime does not have to attempt to run for safety and can immediately retaliate in self-defense.
Alexander's attorney said she was clearly defending herself and should not have to spend the next two decades behind bars.
Alexander's case has drawn support from domestic abuse advocates - and comparison to the case of neighborhood watch volunteer George Zimmerman, who has claimed self-defense in his fatal shooting of Florida teenager Trayvon Martin.

According to a sworn deposition taken in November 2010, Marissa Alexander's husband, Rico Gray, 36, said that on August 1, 2010, he and Alexander began fighting after he found text messages to Alexander's first husband on her phone. The two were already estranged - according to her father, Alexander had been living at her mother's since the birth of the couple's daughter nine days earlier, and Gray, a long-haul trucker, said he spent the night before in his tractor-trailer. Gray began calling her names, saying "If I can't have you, nobody going to have you," and blocking her from exiting the bathroom.

Alexander pushed past Gray and went into the garage where she got her
gun from her car's glove compartment.

Gray told prosecutors in the deposition that Alexander came back into the house holding the weapon and told him to leave. He refused, and what happened next is somewhat unclear. In his deposition, Gray said "she shot in the air one time," prompting him and the children to run out the front door. But when Gray called 911 the day of the incident, he said "she aimed the gun at us and she shot."

In August 2011, a judge rejected a motion by Alexander's attorney to grant her immunity under the "Stand your Ground" law. According to the judge's order, "there is insufficient evidence that the Defendant reasonably believed deadly force was needed to prevent death or great bodily harm to herself," and that the fact that she came back into the home, instead of leaving out the front or back door "is inconsistent with a person who is in genuine fear for her life."

Alexander's case was prosecuted by Angela Corey, the Florida State's Attorney who is also prosecuting George Zimmerman. Alexander was charged with aggravated assault with a deadly weapon, and because she discharged a firearm during the incident, the case fell under Florida's "10-20-life" law, enacted in 1999, which mandates a 20-year sentence for use of a gun during the commission of certain crimes.

Corey initially offered Alexander a three year deal if she pleaded guilty to aggravated assault, but according to CBS affiliate WTEV, Alexander did not believe she had done anything wrong, and rejected the plea. Her bet did not pay off: the jury in the case returned a guilty verdict in less than 15 minutes.

http://refreshingnews99.blogspot.in/...ur-ground.html
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Old 08-02-2013, 05:15 PM   #16
Baby Lee Baby Lee is offline
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Originally Posted by KILLER_CLOWN View Post
Filed under complete ****ing Q.
FYP
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Old 08-02-2013, 05:19 PM   #17
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The sentence seems extreme, but the conviction isn't.

Just as was the case with the Martin outcry, if you actually investigate the evidence that was presented, the verdict is pretty straightforward.

This was a correct guilty verdict.
The sentence is a mandatory sentencing issue. Neither the judge nor the jury made any determination that this particular set of facts merited an extraordinary sentence. The jury found her guilty and the statutes took over from there.
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Old 08-03-2013, 06:25 PM   #18
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Did I miss the 'brutal beating' part? I just saw arguing and standing around?
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Old 08-04-2013, 04:19 PM   #19
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Originally Posted by Xanathol View Post
Did I miss the 'brutal beating' part? I just saw arguing and standing around?
He had done so before. So this time she was afraid.
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Old 08-04-2013, 04:21 PM   #20
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Originally Posted by Baby Lee View Post
The sentence is a mandatory sentencing issue. Neither the judge nor the jury made any determination that this particular set of facts merited an extraordinary sentence. The jury found her guilty and the statutes took over from there.
I have a question. If a jury can nullify a law, then can they nullify mandatory sentencing? If they know of it. I know in the GZ case, the jury didn't know that FL has 30 years for manslaughter.
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Old 08-04-2013, 04:23 PM   #21
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Originally Posted by alnorth View Post
As soon as I read that she went back into the house, I was done, I did not need to read anymore. This isn't a Florida thing, you just can't do that in any state. I don't give a damn why she did it, save it for mitigation and sentencing, she was guilty.
Ah, I didn't know she went back in the house. Still think the punishment is too severe.
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Old 08-04-2013, 04:45 PM   #22
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Originally Posted by BucEyedPea View Post
Ah, I didn't know she went back in the house. Still think the punishment is too severe.
Too severe for three felony counts of aggravated assault with a deadly weapon or just too severe for these three particular felony counts of aggravated assault with a deadly weapon?
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Old 08-04-2013, 04:46 PM   #23
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Too severe for three felony counts of aggravated assault with a deadly weapon or just too severe for these three particular felony counts of aggravated assault with a deadly weapon?
This one.
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Old 08-04-2013, 04:46 PM   #24
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This one.
These three.
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Old 08-04-2013, 04:48 PM   #25
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These three.
This case of this woman.
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Old 08-04-2013, 04:48 PM   #26
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Originally Posted by alnorth View Post
As soon as I read that she went back into the house, I was done, I did not need to read anymore. This isn't a Florida thing, you just can't do that in any state. I don't give a damn why she did it, save it for mitigation and sentencing, she was guilty.
What I meant was, you can't provoke a confrontation and then claim Stand Your Ground. If she went back into the house and then he lunged at her with a knife, you have a garden variety self defense case.

Here in FL, there is a big campaign to get Stand Your Ground off the books because of Trayvon Martin, and it seems basically no one understands that was not a stand your ground case.
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Old 08-04-2013, 04:50 PM   #27
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What I want to know is how the jury convicted her of that charge, if the facts are as they are reported.

I mean, we can't convict OJ or Casey Anthony of obvious murder, but something flimsy like this holds up? Sheesh.

There is either something we aren't being told here, like she fired the shot into the wall directly above his head, or ... something.
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Old 08-04-2013, 05:10 PM   #28
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Originally Posted by Cochise View Post
What I want to know is how the jury convicted her of that charge, if the facts are as they are reported.

I mean, we can't convict OJ or Casey Anthony of obvious murder, but something flimsy like this holds up? Sheesh.

There is either something we aren't being told here, like she fired the shot into the wall directly above his head, or ... something.
She claimed to shoot a warning shot into the air, but the evidence presented was that the bullet struck the wall at head height directly behind her husband.

On the leaving and returning. She went to the garage and obtained her gun from the auto glove box. She couldn't find her keys or phone and claims she couldn't open the garage door and that is why she return. IIRC, the jury found that she still had egress out the back from the garage instead of returning to the living room.

The 'facts' are all over the place. She had a restraining order, yet invited him over. They had a baby just a few days prior. She had been hospitalized due to his beatings, but he had been hospitalized due to hers as well. Further, the husband changed his testimony radically from deposition to trial. Tough to tell if he lied in Depo to save her and told the truth at trial or if he told the truth in Depo and lied at trial out of spite, or somewhere in between.
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Old 08-04-2013, 07:30 PM   #29
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She was safe, then went to get a gun and return to the scene to shoot.
I think assuming she was safe is a bet of a stretch. If he abused her before according to the law she only had to fear for her life. Should she have shot, maybe not, but 20 years? WTF!
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