Is Marissa Alexander Stand-Your-Ground Reverse Trayvon?

Taj

Loyalty to Loyalty
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.
ok, so that (SYG) strategy was presented and the judge then decided and determined that for the jury

as to the rest yea i realized dais why is nutten really you can say... its plain as day no room for explanation or mitigating circumstances

10-20-LIFE

Mandates a minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device
Mandates a minimum 20 year prison term when the firearm is discharged
Mandates a minimum 25 years to LIFE if someone is injured or killed
Mandates a minimum 3 year prison term for possession of a firearm by a felon
Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed
 

TOLOMB

Red Man
Update...!!!!

Well...

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NikkiGiovanni

Warrior Queen
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.
where did you get that idea from????? most women that are in prison are in prison for domestic reasons because the law FAILED THEM, so they resorted to murdering their abusers....order of protections are jokes.....i read a statistic that most women that are killed at the hands of a husband or boyfriend, HAD orders of protections against them.....most cops don't even like to get called on domestic problems.....if one party is not bleeding...all they do, is tell one party to go sleep at a relative or friends house for the night...it only works in the favor of the one LOSING THE FIGHT....if you win and have the upper hand...like Marissa Alexander....you are screwed....you pretty much have to take the beating and NOT DEFEND yourself, in order for it to be in your favor...because then you are a VICTIM....the moment you empower yourself...you are considered a threat, and a perp...that's why dudes kill women that have orders of protections out on them....because that is a threat
 

IslandmixUSA

Dragon Singh
Lol


marissa alexander unsuccessfully claimed florida’s “stand your ground” law as a defense against multiple counts of aggravated assault with a firearm. Alexander claimed she was protecting herself from an abusive husband.

According to court documents, alexander got into an argument with her husband, rico gray, after gray found text messages on alexander’s phone to her ex-husband. Alexander claimed gray initially prevented her from leaving the bathroom – where they were arguing – but at some point she was able to get by him and get away. Alexander fled the house, but when she got to her car in the garage, she realized she had left her keys inside. So she got her gun from the car and re-entered the house. Alexander told police the garage door was broken, and that’s why she didn’t exit that way. Police found no evidence proving the garage door wasn’t working properly.



When alexander went back inside, she claimed gray continued to threaten her so she fired a “warning shot” through the house -- which she fired in the direction of gray, with his children nearby.

Alexander was convicted on multiple counts of aggravated assault with a deadly weapon. A jury found the jacksonville, florida, woman guilty in just 12 minutes.

Self-defense claim

alexander’s own actions were ultimately used against her self-defense claim. while she was out on bail, awaiting trial on her aggravated assault charges, alexander was arrested for domestic battery against gray. Although her bail contract specifically prohibited any contact between her and gray, alexander went to her husband’s house -- where she wasn’t living at the time -- and after an altercation, he ultimately called police.

when the police contacted alexander about the incident, she first said she didn’t know what they were talking about, and she hadn’t been at the house, but later she stated that gray attacked her because she wouldn’t stay with him overnight. Alexander never called police and later stated she was scared. According to police reports, alexander had no injuries, but gray had a bloody swollen eye and told police alexander had punched him.

In gray’s initial deposition to police, he said he would have hit alexander if she had really tried to threaten him, in an effort to help her and get her potential sentence reduced. Alexander and gray collaborated on that story while she awaited trial, but gray later admitted that it wasn’t true and that she really did threaten him and did fire a shot at him.

In 2009, alexander filed charges against gray, claiming he tried to choke her, but she went to the florida district attorney’s office and said that wasn’t really what happened and then all charges were dropped. According richard kuritz, attorney for gray and his two children, gray has never been convicted of any violent act toward alexander. Kuritz said the only time gray has been arrested for domestic violence was an incident involving his brother and those charges were also dropped.

The 'warning shot': Out of fear ... Or anger?

Alexander stated she did not attempt to exit the house through any other door and said it was her right to stay and stand her ground in her own defense.

The problem with her defense was “she chose to come back in the house,” said kuritz.

Alexander said when gray threatened her, she felt her life was in danger, so she shot a “warning shot” in his direction, with his kids just around the wall behind him.

“a warning shot is when you shoot into the air, you shoot down on the ground, you don’t shoot straight at somebody 6 feet off the ground,” said kuritz, in an interview with hln’s vinnie politan on “hln after dark.” “[the shot] was at eye level with my client, right above his 12-year-old. When you have a 12-year-old child who testified to a jury that ‘i thought i was fixin’ to die,’ i’m sorry that is not a misdemeanor…when you shoot a gun that puts a 12-year-old child in fear for his life, that changes things and i think it was prosecuted appropriately.”

considering alexander’s actions leading up to firing the gun, on top of her decision to voluntarily contact gray while awaiting trial, the judge rejected the use of “stand your ground.”

alexander would have had to prove there was a reasonable fear of severe bodily harm in order to prove the use of the “stand your ground” law, however her actions may not have supported the idea that she had no other option than to shoot at gray. Plus, legal experts have questioned why she would only fire a “warning shot” if she felt the use of deadly force was necessary. Alexander also never called police after the incident, which could have also been used against her claim that she feared for her life, especially when a judge considered that alexander voluntarily continued to visit gray’s home after she agreed to the no-contact restriction in her bail contract.
 

NikkiGiovanni

Warrior Queen
alexander would have had to prove there was a reasonable fear of severe bodily harm in order to prove the use of the “stand your ground”
like i said before a few times..you have to be LOSING the fight i order for stand your ground or self defense to work in your favor...as long as you are winning, you are fukked
 

Yankee Doodle

Weakness fuh Sweetness
Well...

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How is this even credible. Zimmerman's attorneys did not use SYG as a defense. It was simple self defense. Soon as I heard the person say that Zimmerman used SYG, I stop listening one time. The woman got away (leaving danger) then came back in (putting herself back in danger) with a gun and shot. In Florida, you discharge a gun and it's not SYG or self defense it is a minimum 20 years. It wasn't SYG because she put herself back in harms way. And it's not self defense because she knowingly put herself back in harms way and felt that having a gun [in hand] and firing a "warning shot" would be an equalizer. She got bad legal advice and should have just taken the deal.
 

LB

Peace Love n Pretty Tings
daaaaaaamn, she screwed herself with the changing of the stories..################ed up yo
exactly.
Media tries to emotionally manipulate you into believing things went one way when in fact nothing is further from the truth.
 

IslandmixUSA

Dragon Singh
exactly.
Media tries to emotionally manipulate you into believing things went one way when in fact nothing is further from the truth.
If you read the highlighted part of my last post you will see she should not have been there in the first place
 

Naughtyshawtie

Self Made
Court Overturns 20-Year Sentence for Woman Who Fired 'Warning Shots' at Husband - Yahoo

A Florida woman who claimed to be a victim of abuse yet was sentenced to 20 years behind bars for allegedly firing a warning shot during a dispute with her husband was granted a new trial Thursday.
The appellate court ruling erased a decision by a jury that took just 12 minutes to convict Marissa Alexander, a mother of three, of aggravated assault.
The conviction of Alexander, who is black, sparked outrage and cries of a racial double standard in light of the exoneration of George Zimmerman, a white Hispanic, for the death of Trayvon Martin, who was black. In particular, outrage aired on social media and among some lawmakers on Capitol Hill.
Alexander unsuccessfully tried to invoke Florida's "Stand Your Ground" law as the same prosecutors who unsuccessfully worked to put Zimmerman behind bars told the court that she did not act in self-defense.
In granting the new trial, Judge James H. Daniel also seemed unmoved by the Stand Your Ground defense.
"We reject her contention that the trial court erred in declining to grant her immunity from prosecution under Florida's Stand Your Ground law, but we remand for a new trial because the jury instructions on self-defense were erroneous," wrote Daniel.
Alexander testified that, on Aug. 1, 2010, her then-husband, Rico Gray Sr., questioned her fidelity and the paternity of her 1-week-old child.
She claimed that he broke through a bathroom door that she had locked and grabbed her by the neck. She said she tried to push past him but he shoved her into the door, sparking a struggle that felt like an "eternity."
Afterwards, she claimed that she ran to the garage and tried to leave but was unable to open the garage door, so she retrieved a gun, which she legally owned.
Once inside, she claimed, her husband saw the gun and charged at her "in a rage" saying, "####################, I'll kill you." She said she raised the gun and fired a warning shot into the air because it was the "lesser of two evils."
The jury rejected the self-defense claim and Alexander was sentenced under the state's 10-20-life law, sparking outrage over how self-defense laws are applied in the state.
A Florida appellate court ruled today that jury instructions, which unfairly made Alexander prove "beyond a reasonable doubt" that she was acting in self-defense, were wrong -- and that there were other incorrect instructions that self-defense only applied if the victim suffered an injury, which Gray had not.
Today, U.S. Rep. Corrine Brown, D-Fla., lashed out at Florida State Attorney Angela Corey, who oversaw the failed prosecution of George Zimmerman and the prosecution in this case, saying, "Arresting and prosecuting her when no one was hurt does not make any sense. ... What was certainly absent from the courtroom during Marissa's trial was mercy and justice. Indeed, the three-year plea deal from State Attorney Angela Corey is not mercy, and a mandatory 20-year sentence is not justice."
Corey's office argued that Alexander, who had not been living in the home for two months leading up to the shooting, provoked the incident, and that there was no proof the garage door was broken, Alexander's rationale for not leaving the altercation. Her office offered her a three-year plea deal in the case that was rejected.
Alexander testified about three other alleged incidents of physical abuse by her husband, including one that led to his arrest. Several witnesses claimed to have seen the injuries she allegedly suffered and the final defense witness in the case testified that she met the criteria for "battered person's syndrome."
In a statement, prosecutors wrote, "The defendant's conviction was reversed on a legal technicality. ... We are gratified that the court affirmed the defendant's Stand Your Ground ruling. This means the defendant will not have another Stand Your Ground hearing. The case will be back in the Circuit Court in the Fourth Judicial Circuit at the appropriate time."
 

Alpha Unit

Insurgent
She goin right back in, she better enjoy de lil freedom. The technicality that caused a new trial does not negat the facts. Corrine Brown is an absolute jackass. I doubt she would say that dumb shit if the genders were reversed in this case.
 
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