Is Marissa Alexander Stand-Your-Ground Reverse Trayvon?

femmeayitienne

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Stories being brought to light are bringing into question the way the Stand Your Ground laws have been applied, or not applied, in the past. Two stories appear to highlight a possible double standard regarding the application of “stand your ground.”

The 2010 case of Marissa Alexander and the 2005 Georgia case of John McNeil, are two examples that are receiving renewed attention.

Florida’s stand-your-ground law states an individual may use deadly force in self-defense when there is reasonable belief of a threat – without an obligation to retreat. There is also a provision in the Florida law providing that the person who is allegedly defending themselves can avoid arrest.

The story of Marissa Alexander is receiving a new look after a website created by her ex-husband, Lincoln Alexander, gains more attention. The site Justice for Marissa claims Marissa Alexander was arrested and is now facing 20 years in prison after a 2010 confrontation with her current husband. According to Alexander, this was not the only confrontation: the current husband had been arrested for domestic violence on two other occasions, including one instance where it’s alleged he beat her so severely that she ” … ended up in the hospital.” And the wife also claims that her husband admitted he was the aggressor in the 2010 incident.

Lincoln Alexander, who was married to Marissa Alexander for seven years, told Politic365 he remained friends with his ex-wife after their divorce and became aware of the trouble she was having with her current husband. Lincoln Alexander claims Marissa Alexander was not given the same consideration George Zimmerman was after he killed Trayvon Martin on February 26. Zimmerman was finally arrested and charged with second degree murder 46 days after killing Martin and claiming “stand your ground.” But, unlike Alexander, Zimmerman was released by police after claiming Martin attacked him.

In an interview with Politic365, Lincoln Alexander explained that Marissa Alexander evoked stand-your-ground at the time of her arrest.

“Before she was arrested she told police she was in fear for her life. She had an order of protection out on her husband since Sept 2009,” Lincoln Alexander added.

According to the information posted by Lincoln Alexander on Justice for Marissa, Marissa Alexander fired a gun into the ceiling of their residence to allegedly scare off her ex-husband during a confrontation. A call to the Duval County Florida jail’s watch commander’s office confirmed that a person born in 1980 named Marissa Alexander is, indeed, currently in custody as the website by Lincoln Alexander states.

A conversation with Duval County prosecutor Nicholas Lake, who is handling Alexander’s case, confirms the case is in the system. But Lake could not comment or give any details on the particulars of her case because it is a pending legal matter. Lake did confirm that Alexander will be the subject of a sentencing hearing next week.

“She received three counts of aggravated assault for discharging the gun into the ceiling,” Lincoln Alexander continued. “She’s innocent, she tried to leave the premises and the gun was never pointed at the kids. Yet, the prosecutor believed she was not in fear for her life,” Lincoln Alexander informed Politic365.

Lincoln Alexander has contacted the offices of Rep. Corrine Brown (D-FL), who represents Jacksonville, and several state lawmakers in Florida but has yet to receive a response. When Politic365 asked Congresswoman Brown about the case, she claimed she was unaware of it. Other Florida Representatives, including Allen West, Alcee Hastings and Frederica Wilson, were also unaware of the details of her case as of yesterday.

According to his website in support of Melissa Alexander, a press conference on her case is to be held today in Jacksonville, Fla. at the Duval County Downtown Courthouse.

Is Marissa Alexander Stand-Your-Ground Reverse Trayvon? | Political News and Opinion from a Multicultural Point of View
 

femmeayitienne

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In The State Of Florida – Marissa Alexander Had A Gun Permit, Stood Her Ground, Did Not Shoot Or Kill Anyone and Faces 25 Years In Prison,Lincoln B. Alexander Jr on behalf of Marissa Alexander

Case No: 2010-CF-8579
Division: CR-G

April 3, 2012

Dear Supporters:

On August 1 2010, my premature baby girl, born nine days earlier, was in the Baptist South N.I.C.U. fighting for her life and I would too be fighting for my life in my own home against an attack from my husband.
My name is Marissa Alexander, I am a mother of three children, but at the present time, I am not able to be with them due to the following circumstances. I am currently sitting in the Pretrial Detention Facility in Jacksonville FL, Duval County awaiting a sentence for three counts of aggravated assault with a deadly weapon with no intent to harm. Before my life changed drastically on that August afternoon, I was in the perilous position of leaving an abusive relationship with my husband who has history of violence and documented domestic abuse towards women. Our history included one which required me to place an injunction for protection against violence and was active during the month of August 2010.
In an unprovoked jealous rage, my husband violently confronted me while using the restroom. He assaulted me, shoving, strangling and holding me against my will, preventing me from fleeing all while I begged for him to leave. After a minute or two of trying to escape, I was able to make it to the garage where my truck was parked, but in my haste to leave I realized my keys were missing. I tried to open the garage but there was a mechanical failure. I was unable to leave, trapped in the dark with no way out. For protection against further assault I retrieved my weapon; which is registered and I have a concealed weapon permit. Trapped, no phone, I entered back into my home to either leave through another exit or obtain my cell phone.
He and my two stepsons were supposed to be exiting the house thru the front door, but he didn’t leave. Instead he came into the kitchen that leads to the garage and realized I was unable to leave. Instead of leaving thru the front door where his vehicle was parked outside of the garage, he came into the kitchen by himself. I was terrified from the first encounter and feared he came to do as he had threatened. The weapon was in my right hand down by my side and he yelled, “#################### I will kill you!”, and charged toward me. In fear and desperate attempt, I lifted my weapon up, turned away and discharged a single shot in the wall up in the ceiling. As I stood my ground it prevented him from doing what he threatened and he ran out of the home. Outside of the home, he contacted the police and falsely reported that I shot at him and his sons. The police arrived and I was taken into custody.
I was devastated and would continue to be for months following the incident. I had to appear in court all the way up until trial as I plead not guilty and know that I acted in self-defense. I believe my actions saved my life or prevented further harm, but preserved that of my husband who was completely irrational, extremely violent, and unpredictable that day.
Florida has a self-defense law and it includes the right to stand your ground. Below are the facts of my concern with the incorrect way the law was applied and ultimately the injustice in my case.
· The alleged victim, my husband, under sworn statement in November 2010, admitted he was the aggressor, threatened my life and was so enraged he didn’t know what he would do.
· The alleged victim, my husband, was arrested for domestic violence two times, once for abuse against me. The attack against me was so violent; I ended up in the hospital.
· Prior to my arrest, I told the office I was in fear for my life due to the prior violence against me. I also told the officer there was a domestic injunction in place to protect me against abuse from the alleged victim. This information was written in detail by the officer in my arrest report, but ignored for some unknown reason.
· In July of 2011, a hearing was held, where I along with the alleged victims testified as it relates to the stand your ground law and its immunity from prosecution.
· After the hearing, Judge Elizabeth Senterfitt denied my motion, citing that I could have exited the house thru the master bedroom window, front door, and/or sliding glass back door. The law specifically states: No duty to retreat.
· My attorney entered a standing objection on the record to the ruling and we proceeded to trial.
· During that time, Angela Corey, our State Attorney met with the alleged victims. I also along with my attorney met with Angela Corey, John Guy, and then prosecutor Christen Luikart. I justified my actions to them and the truth as I have told it has remained the same.
· Knowing our prior domestic abuse history, Angela Corey was hard pressed for the minimum mandatory, which provisions allow for prosecution to wave those stipulations. I was not guilty, nor did I believe that was fair and just under the circumstances. She also allowed for those same provisions in the State vs. Vonda Parker, same charges different circumstances which did not include self-defense.
· Florida uses a law commonly known as 10-20-life as a sentencing guideline when a felony takes place with the use of a weapon. Under this statute, my felony charge of aggravated assault with a deadly weapon without intent to harm carries a twenty year mandatory sentence.
· Stand your ground law has been applied in multiple recent incidents, the following is just a couple of incidents. Carl Kroppman Jr was allowed to use this law to avoid being arrested/charged during a road rage incident on the Buckman Bridge in Jacksonville, FL in August of 2011. Marqualle Woolbright of Ocala, FL avoided murder charges due to the stand your ground law when he shoot and killed someone.
I am a law abiding citizen and I take great pride in my liberty, rights, and privileges as one. I have vehemently proclaimed my innocence and my actions that day. The enigma I face since that fateful day I was charged through trial, does the law cover and apply to me too?
A step further and more importantly is in light of recent news, is justice for all include everyone, regardless of gender, race or aristocratic dichotomies. I simply want my story heard, reviewed and the egregious way in which my case was handled from start to finish serve as an eye opener for all and especially those responsible for upholding judicial affairs.
The threat that day was very real, imminent, and the battery on me occurred minutes before the decision I made to protect myself. That decision was a last resort, necessary and a reaction to the continued threat on my life. I am a believer that grace allowed for my response to be carried out in a non-lethal manner. This prevented the imminent threat and harm a non-fatal tactic, but not against an unknown attacker, rather my very own husband. That was by far the most difficult position to be in nine days after giving birth to a six week premature infant. My heart goes out for my two stepsons and always has had a hurt and sincere empathy for them being subjected innocently to that trauma.

The law states that I was justified in standing my ground and meeting force with force up to including deadly force, but political views and concerns states otherwise in the 4th circuit court.
So my last questions and valid concerns are what was I supposed to do that day and the stand your ground law who is it for?

Sincerely,
Lincoln B. Alexander Jr on behalf of Marissa Alexander

Marissa Alexander Stood Her Ground – No One Was Injured or Murdered – She Faces 25 Years In Prison | Moorbey's Blog
 

Redlocks

Mr. BALTIMORE
In my opinion the two cases are different in that Marissa Alexander wasn't
dealing with a total stranger on a public street. It may be more an issue of
how the justice system treats victims of domestic abuse. Had she shot a
stranger in her home Alexander could have claimed self defense.
 

Oneshot

where de crix
In my opinion the two cases are different in that Marissa Alexander wasn't
dealing with a total stranger on a public street. It may be more an issue of
how the justice system treats victims of domestic abuse. Had she shot a
stranger in her home Alexander could have claimed self defense.
really? that is like saying rape by a husband is different from rape by a stranger
 
J

Juan Dan

Guest
nice tred great posts
these blak sopreemaciss are so retarded
dont confuse them femme
they are trying to forget trevaugn
media zombies
 

Mrs. Campbell

Girl Crush
So she was in her home, fired into the ceiling but he says she fired at him. Unless he is spiderman, then how the ef can they not realize/prove she did in fact fire into the ceiling and not him or the kids....
 

Redlocks

Mr. BALTIMORE
Actually they are but I think there should be additional criteria in the law for domestic situations.
This case reminds me of the circumstances surrounding so many domestic
situations that end in tragedy. The sad truth is that Marissa Alexander would probably have been better off killing her husband.
 

TOLOMB

Red Man
SMH.....

And people really have to wonder why if your black why the LAW works differently for...em against you..... SMH
 

Mrs. Campbell

Girl Crush
This case reminds me of the circumstances surrounding so many domestic
situations that end in tragedy. The sad truth is that Marissa Alexander would probably have been better off killing her husband.
True dat, we can see from the Trayvon case, dead men tell no tales.
 

Yankee Doodle

Weakness fuh Sweetness
This case reminds me of the circumstances surrounding so many domestic
situations that end in tragedy. The sad truth is that Marissa Alexander would probably have been better off killing her husband.
Yep she would have been better off killing him.
 
G

Gladiator

Guest
:eek:fftopic: but still interesting

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Taj

Loyalty to Loyalty
due to min-max sentencing chick got 20 years...

wow what's her recourse? too bad she decided to not take the plea I guess cos to the letter of the law I can see that the jury was kinda left with no choice.

Does anyone think the prosecutor was overzealous and should have dismissed the case and not even carried it to trial?
 

Mrs. Campbell

Girl Crush
due to min-max sentencing chick got 20 years...

wow what's her recourse? too bad she decided to not take the plea I guess cos to the letter of the law I can see that the jury was kinda left with no choice.

Does anyone think the prosecutor was overzealous and should have dismissed the case and not even carried it to trial?
20 yrs...damn! Yup, think he/she should've dismissed. And if not dismissed, then def. something less.

But I'm no imix legal eagle.
 

Yankee Doodle

Weakness fuh Sweetness
20 yrs...damn! Yup, think he/she should've dismissed. And if not dismissed, then def. something less.

But I'm no imix legal eagle.
They offered her a plea deal for 3 years but she didn't take it (or her attorney persuaded her not to).

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.
The bold is the reason this is not stand your ground. I feel bad for her and think she kinda got bad legal advice. If she would have taken the plea then she would probably be out now for time served. But as we stated earlier, she would have been better off killing him in this case.
 

Taj

Loyalty to Loyalty
They offered her a plea deal for 3 years but she didn't take it (or her attorney persuaded her not to).

The bold is the reason this is not stand your ground. I feel bad for her and think she kinda got bad legal advice. If she would have taken the plea then she would probably be out now for time served. But as we stated earlier, she would have been better off killing him in this case.
ok so, did they actually get to use this defense or the judge said they were disqualified from using it cos it didn't apply, or whether the jury (by their decision) rejected this defense strategy?. I'm not sure what her team was able to use in court vs what info the family released to the press in an attempt to tell her side of the story.

Why u think it was bad legal advice vs her being adamant she wasn't taking a plea?
 

Yankee Doodle

Weakness fuh Sweetness
ok so, did they actually get to use this defense or the judge said they were disqualified from using it cos it didn't apply, or whether the jury (by their decision) rejected this defense strategy?. I'm not sure what her team was able to use in court vs what info the family released to the press in an attempt to tell her side of the story.

Why u think it was bad legal advice vs her being adamant she wasn't taking a plea?
They tried two different approaches...the first was stand your ground and when that was disqualified because it didn't apply they tried to state that she shot "at him" but didn't hit him in an attempt to defend herself.

When stand your ground failed she was offered a plea deal for 3 years and she didn't take it. Discharging a weapon is a serious crime here and she assumed that being that it was a domestic violence situation that the the jury would side with her and it did not..

All the prosecution had to prove was that when she retreated to the garage that she could have gotten away. At the point that she grabbed the gun and went back into the residence, she was no longer in fear for her life and was acting through anger instead of fear.

It's just a sad situation. But just like I said earlier...you have to know the rules if you are going to play the game. And reckless discharge of a weapon is a no-no when possessing a concealed weapons permit.
 

Alpha Unit

Insurgent
She is stupid! What happened to simply calling the damn police? She is a woman the law is in her favor in domestic situations. Did she leave her phone in the house too, what happened to ringing a neighbor's bell or knocking their door and asking them to call the police for her? Does she live in a rural area where houses are miles apart?! She went back in with a gun?!! There is no stand your ground here. She deliberately went back into the dangerous scene after escaping but this time armed. So it can easily be framed by the prosecutor as a pre-meditated act with intent to inflict harm or possibly kill. Once you get out you can't return armed!! And don't ponce on framed it is used in the legal sense with regard to clearly illustrating evidence of a crime based on the information available and not an attempt to make something innocent look like a criminal act.

Taj that information cannot work in her favor so it matters not. Apart from that I am sure the prosecution used this in their presentation as it is more representative of their case than a legitimate defense.
 
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