rockin'robin

31-year-old claims she fired a warning shot in self-defense

JACKSONVILLE, Fla. -
Despite days of rallies calling for her release, Marissa Alexander was sentenced to 20 years for firing a shot during an argument with her estranged husband.



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Alexander, 31, claims she fired a shot from a handgun into the wall to protect herself during a confrontation with her husband, who she claimed had abused her. Because he was with two children when she fired a shot in his direction, she was charged with three counts of aggravated assault.

Alexander's attorneys used the "stand your ground" law as part of their claim of self-defense during the trial, but prosecutors said it didn't apply because she left the room, got a gun and returned to confront him.

Judge James Daniel sentenced Alexander to 20 years on Friday morning, following Florida's sentencing guidelines for someone convicted of firing a handgun during the commission of a felony.

Alexander's attorney, Kevin Cobbin, says he will appeal.

Last week, State Attorney Angela Corey said she personally met with Alexander and reviewed the evidence in the case. She said she offered Alexander a three-year sentence before the case went to trial despite the case qualifying for a 20-year minimum mandatory sentence.

"The Internet is filled with contentions that she filed a warning shot as she was being choked. Nothing could be further from the truth," Corey said. "Apparently, this jury had an abiding conviction of guilt."

Cobbin continues to believe she fired that shot in self-defense and plans to appeal the conviction.

"I know she fired a gun in a home, but I also know that the individual that was in front of her, confronting her, had already beaten her several times, had beaten her that day and was about to try to beat her again," Alexander's attorney, Kevin Cobbin, said. "That's the time when you defend yourself."

Alexander's case has attracted support of several community organizations and media attention as she was portrayed as a victim of domestic violence.

There have been several rallies supporting Alexander outside the courthouse, including Thursday night and Friday morning before the sentencing hearing.

"It is important for the community to come together and show their support for Marissa Alexander," said Greg Newburn, Florida director for Families Against Mandatory Minimums. "These events let our leaders know that we expect reform to prevent these kinds of injustices from occurring again."

Angie Nixon, Florida New Majority's North Florida Regional Coordinator stated, "A woman's right to protect herself, should not be on trial. Florida New Majority is calling for the release of Marissa Alexander."

Woman sentenced 20 years for firing shot | News - Home

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Reba

That stinks.

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Foxrac

I couldn't understand this article so clearly so I can't make opinion.

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diehardbiker

20 years for this? I think it is too harsh because murder has not happened.
I understand that it could not be justified due to the accuser returned to the place. I think 5 years is enough.

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rockin'robin

Ms Corey offered her 3 years...but seems she was hoping to be acquitted by a jury trial...but found guilty, and got the max of 20 years....

The problem I have with this case is....that she left the room, went and got a gun...shot it off with children in the room....She should have left the room, called the Police or just have got out of there....if she feared being beaten again.....But she opted to get a gun and make threats with it....and with children in the room, it's a wonder one of them did not get shot when she pulled the trigger.....

Bad judgement I think...but 20 years is too much! agree that 5 years would have been best.

Foxrac

After read CNN - Florida woman sentenced to 20 years in controversial warning shot case - CNN.com

I understand now, I'm surprised that she doesn't get fair treatment and 20 years in prison is too extreme.

I think she should get lesser charge like few years in prison or acquittal if her case is determined to be self defense that based on SYG law.

I never support SYG law because of easily confusing, possibly racial profiling and complicated because not all self defense are granted to protected under SYG law.

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diehardbiker

This is exact how I see it.

I have other question about this, is that location where the crime takes place is far in country or really in dense neighborhood area? The only possible explanation if that woman comes back is when they are in isolated out there and it takes long drive to reach for help then I can accept her decision but if she got a lot neighbors around then no excuse.

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J-MAC's quote: "People who try and fail are more superior than people who don't try at all"

"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as the souls who live under tyranny."
Thomas Jefferson (1778)

Avatar picture is Cape Hatteras light house in OBX.

Foxrac

She lives in Jacksonville, Florida - I assume it will be urban or suburb.

Well, Florida has SYG (Stand Your Ground) law, same as Alabama too, you don't need to retreat if your life is threaten by someone in any area like city park, neighborhood street, beach, car, etc.

However, I found her case is very stressed and I feel bad for her to have abusive husband.

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Steinhauer

Obviously something is wrong there. However, after the intentional editing by the media of Trayvon Martin - George Zimmerman, my first reaction is we are not getting the full story.

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Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

Jiro

well - like I said in other thread..... when it comes to gun, it's shoot to kill. anything else... you will be criminally charged for it.

clearly... in cases like Zimmerman and Marissa Alexander.... it appears that Florida is in state of disarray and disillusion regarding firearm laws and Stand Your Ground. I'm glad that it's being re-evaluated because it does appear that Floridians lack common sense, firearm training, and lack of knowledge in firearm laws.

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CrazyPaul

She got the 20 years minimum sentence, not maximum. Big difference.

"Last week, State Attorney Angela Corey said she personally met with Alexander and reviewed the evidence in the case. She said she offered Alexander a three-year sentence before the case went to trial despite the case qualifying for a 20-year minimum mandatory sentence."

Obviously FLA courts are very strict.

diehardbiker

How can gun itself kill? No gun without ammunition can kill.

This is not the issue that you are thinking. The issue is how this idiot reacts to the problem, and failure to call for help. Her reaction was to run out of house into a garage and grabbed the gun, it still could be anything like maybe knife, or any other weapons then come back and threatening with a weapon. Is that reaction justifiable? Remember, has to apply to ANY kinds of weapon. Because of this reaction that idiot decided to take, shows the intention to threaten. The intention to threaten is not acceptable. The status of SYG (Stand Your Ground) means that one defends the threats and respond appropriately. When one escape the scene of threatening without calling for help shows the true intention more than defending so therefore this idiot has lost right on SYG.

So, gun here is NOT an issue period.

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J-MAC's quote: "People who try and fail are more superior than people who don't try at all"

"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as the souls who live under tyranny."
Thomas Jefferson (1778)

Avatar picture is Cape Hatteras light house in OBX.

Foxrac

I don't think about what Jiro was talking.

FYI, Jiro is very pro-gun rights and Second Amendment supporter.

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Jiro

right. that's what I just said. a lack of common sense and knowledge in firearm laws.

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Steinhauer

This thread isn't about firearm laws, it is about a woman who was sentenced to 20 years for threatening her husband with a firearm.

If you would like to discuss firearms laws, please make a thread about it.

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Annuit Cœptis

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Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

diehardbiker

Then you shouldn't mention "When it comes to guns" in this thread.

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J-MAC's quote: "People who try and fail are more superior than people who don't try at all"

"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as the souls who live under tyranny."
Thomas Jefferson (1778)

Avatar picture is Cape Hatteras light house in OBX.

Foxrac

Firearm laws are pretty relative to this thread.

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Jiro

this woman was sentenced to 20 years for breaking a firearm law.

I see that you're in a piss about "feel free to make a new thread about it" thing. well if you're gonna do that, at least do it right in a coherent manner. in case you don't understand, there's nothing wrong with current firearm laws. It was her judgment that is in the wrong, not firearm laws. Corey was very sympathetic to her but Alexander broke the law. That's why she offered her a great deal. in fact - the best deal I've ever seen considering that it's a mandatory 20-years maximum. And Alexander pissed that away. Why? I don't know. self-entitlement? Just because her estranged husband was an abusive S.O.B. doesn't mean she can break a law to protect herself. If she's a law-abiding citizen, then she should accept the consequence of her action.

Corey didn't write the law. Florida did.
Corey didn't convict her. The jury did.
Corey didn't sentence her to 20 years. The judge did.
Corey offered her a 3-years sentence. Alexander took a gamble and lost.

a 3-years deal.... oye. another poor judgment she made in this case too. what a shame.

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Jiro

huh? I meant exactly what I said. Gun is not for a warning shot. It's shoot to kill. Period.

I think you don't really understand what I was saying and we'll just leave it at that.

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Jiro

in case nobody knew... Florida is quite infamous for its extremely tough domestic violence law. California joined the rank too.

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Foxrac

I was team in track and field at high school and the man use gun to shoot means GO!!!

There are some prisons use warning shot to put in lockdown.

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Jiro

it isn't a real gun anyway

I don't know who does that but what's for sure is that armed citizens aren't allowed to fire off a warning shot when it comes to self-defense. Self-Defense law protects you when you shot a person in defense but nowhere in the law legally allows nor protects you from sounding off a warning shot.

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CrazyPaul

You are 100% correct, however you are wrong about 20 yrs maximum. It's 20 yrs minimum.

Here is the link regarding 10-20-Life law in FLA. Florida 10-20-LIFE -- Mandatory Minimum Prison Sentences

Jiro

for correction.

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playsonfreeway

Wirelessly posted

I think the sentence was a bit harash. when left to get the gun she should have gone for help and let the police handle the rest. I agree with jiro no warning shot. Shoot to kill.

CrazyPaul

What I don't understand is that whether or not the defendant lawyer had explained 10-20-Life law to the defendant and had recommended that she takes the deal offered by the DA. If the lawyer had not done that, obviously he wanted more money from her.

rockin'robin

With all the protests and marching due to this case (and many other cases before this, evn some cases that are "current")....I'm confident the lawyers felt the protests would get her off (that's the way I feel). Sort of using it as an "example", and thumbing their noses at the Law....but it back-fired...and anyhow, they are appealing the sentence, so it's not quite over yet.

Cowpuppy

the states attorney offered her a plea bargain of three years. she gambled and lost. tough cookies. shoulda took the three years.... that's what plea bargaining is for.

Jiro

I think lawyer strongly advised her to take the deal but Alexander has every power to make a choice. She must have thought she could win based on pity and sympathy from jury.

and...... the jury convicted her. sad but everybody (jury, prosecutor, and judge) did a right thing by following the laws. only she made a wrong choice in here... not once but twice by firing off a warning shot and rejecting a plea bargain...

at this point - I surely do hope that Governor would commute her sentence but not pardon her since she clearly broke the law.

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Foxrac

I think that court system in Florida is better than Texas because of less flawed but still too flawed. I got share from friend about numerous innocent people got executed because they have 2 total separate court - civil and criminal so criminal court hardly overturn it if inmates prove that they are innocent, even factual from DNA or not related in crime evidences.

The court in Alabama is tough and flawed, and we are #1 most overcrowded prison that maintain at 190% capacity with fewer beds so some inmates are not get any bed at all, except for sleep on floor. There is 1 bed in one cell but they packed 5-6 people in same cell with one bed. If you commit misdemeanor crime like small steal, vandalize the property, smoke the weeds, etc so you will goes to prison for length of time. I heard about smoke the weeds are felony in Alabama and you could get 20-30 years in prison.

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