Court Documents:
http://www.scribd.com/doc/89763280/O...ion-to-Dismiss
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...the familiar ritual of institutional self-absolution...
...for protecting them, by mock trial, from punishment...
Florida woman sentenced to 20 years for firing warning shot released on bond
http://www.foxnews.com/us/2013/11/29...test+-+Text%29
JACKSONVILLE, FLA. – The Florida woman awaiting a new trial in a controversial "stand your ground" case is free on bond.
First Coast News reports that Marissa Alexander was released from jail Wednesday. According to the Duval County Clerk of Court, she must remain under house arrest and electronic monitoring while awaiting trial.
In 2012, Alexander was sentenced to a mandatory 20-year prison sentence for firing what she insisted was a warning shot during a fight with her husband. She tried to invoke Florida's "stand your ground" law but the judge threw out her self-defense claim, noting that she could have run out of the house to escape her husband but instead got the gun and went back inside
An appeals court ruled in September that the judge in the case gave improper jury instructions, and a new trial has been set for next year.
Alexander's supporters, including the NAACP and advocates for victims of domestic violence, have compared the case to the trial of George Zimmerman, who recently was acquitted in the fatal shooting of Trayvon Martin. Both cases have brought into question the state's "stand your ground" law, which generally allows people to use deadly force if they feel threatened.
Alexander, who had never been arrested before, has said she fired a bullet at a wall in 2010 to scare off her husband when she felt he was threatening her. No one was hurt, but the judge in the case said he was bound by state law to sentence her to 20 years in prison after she was convicted of aggravated assault with a deadly weapon.
Alexander had rejected a plea deal that would have resulted in a three-year prison sentence and chose to go to trial. A jury deliberated 12 minutes before convicting her.
Alexander was also charged with domestic battery four months after the shooting in another assault on her husband. She pleaded no contest and was sentenced to time served.
State Attorney Angela Corey, who oversaw the prosecution of George Zimmerman in the shooting death of Trayvon Martin, has stood by the handling of Alexander's case. Corey said she believes that Alexander aimed the gun at the man and his two sons, and that the bullet she fired could have ricocheted and hit any of them.
//
Last edited by jmdrake; 11-29-2013 at 07:56 AM.
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Originally Posted by Brian4Liberty
she is guilty for firing a warning shot? this is not right at all.
Marissa Alexander agrees to plea deal
http://www.firstcoastnews.com/story/...deal/19483503/
JACKSONVILLE, Fla. -- Facing a possible 60 years in prison for firing a gun at her estranged husband and his two sons, Marissa Alexander agreed Monday to a plea deal that effectively ends the four-year old criminal case against her.
Related: Marissa Alexander Timeline
According to the terms of the plea, Alexander was ordered to serve three years in prison after pleading guilty to all three counts against her. Alexander will get credit for the 1,030 days she's already spent in jail.
That means she'll have to spend 65 more days in jail. Alexander will return to Duval County Jail following Monday's hearing. She'll be released on Jan. 27.
Because the second count against Alexander is considered an 'open plea,' she could still be sentenced to five years in prison at the hearing on Jan. 27.
The case has drawn national attention, in part because Alexander unsuccessfully tried to invoke a Stand Your Ground defense, and later because, when she was convicted, Florida's 10-20-Life laws mandated a stringent 20-year prison sentence -- despite the fact that her shot didn't injure or even hit anyone.
Alexander herself became the focus of anti-domestic violence advocates, since she claimed the victim in the case, estranged husband Rico Gray, was a serial abuser who attacked her first.
Alexander was convicted by a jury in 2012 of three counts of aggravated assault, but that conviction was overturned on appeal because of an error in jury instructions.
Following her jail term, Alexander's been ordered to spend two years under community control, or house arrest, with a monitor.
3-7 years followed by supervised release sounds like a reasonable punishment for shooting a gun at someone who was not a threat. I'd say the justice system worked pretty well in this case.
And killer cops stay free.
"IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!"let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482"For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"All my life I've been at the mercy of men just following orders... Never again!~Erik LehnsherrThere's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho
They don't call it Floriduh for nothing.
ETA:
http://reason.com/archives/2012/05/0...ing-her-ground
"I got five baby mammas, and I put my hands on every last one of them except for one," Rico Gray confessed during a November 2010 deposition. "The way I was with women…they had to walk on eggshells around me." He recalled punching women in the face, shoving them, choking them, and tossing them out the door.
Yet somehow, after one of those women fired a warning shot into the ceiling of her Jacksonville, Florida, home to scare him away during yet another violent outburst, prosecutors managed to convince a jury that Gray was the victim. As a result, Marissa Alexander, a 31-year-old mother of three, faces 20 years in prison for standing her ground against an abusive husband.
Gray has been arrested twice for domestic battery, including an assault that sent Alexander to the hospital. In September 2009 Alexander obtained a protective order against Gray that was still in effect on August 1, 2010, when he flew into a jealous rage after discovering, while poking through her cellphone, that she had sent pictures of their newborn daughter to her first husband.
Alexander was in the master bathroom at the time, and Gray tried to force his way in. When she came out, he screamed and cursed at her while preventing her from leaving the bedroom. "I was like forcing her back with my body," reported Gray, who is seven inches taller than Alexander and outweighs her by 100 pounds.
When Alexander managed to get by, she ran through the kitchen to the garage, where she says she realized she did not have the keys to her car, could not call for help because she had left her cellphone behind, and could not escape because the garage door was not working. Instead she grabbed her handgun from her car and headed back through the kitchen, where Gray confronted her again.
In his deposition Gray admitted he "had told her if she ever cheated on me I would kill her" and during the fight said, "If I can't have you, nobody can." He conceded he "was going towards her" when Alexander fired a single shot, high and to his right, that went through the kitchen wall and lodged in the ceiling of the living room. Finally he left, along with his two sons.
"The gun was never pointed at me," Gray said. "She just didn't want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn't get hurt." If his sons hadn't been in the house, Gray said, "I probably would have tried to take the gun from her," and "I probably would have put my hand on her."
Last edited by Lucille; 11-26-2014 at 12:26 PM.
Based on the idea of natural rights, government secures those rights to the individual by strictly negative intervention, making justice costless and easy of access; and beyond that it does not go. The State, on the other hand, both in its genesis and by its primary intention, is purely anti-social. It is not based on the idea of natural rights, but on the idea that the individual has no rights except those that the State may provisionally grant him. It has always made justice costly and difficult of access, and has invariably held itself above justice and common morality whenever it could advantage itself by so doing.
--Albert J. Nock
The guy being a general douchebag doesnt mean he was threatening her life in this instance. IIRC, the woman left the house to get a gun then came back in with it and fired. It wasnt like she was backed into a corner. Also i think the story was that they were separated and this incident happened at his house.
The reason article presents her case which isnt exactly how things went down. Theres more to the story if you dig around.
Last edited by brandon; 11-26-2014 at 01:09 PM.
Here's the article I read a while ago that gives a bit of the other side of the story. http://www.nationalreview.com/articl...uttle/page/0/1 There's two sides to every case and it sounds like the people who examined all the evidence decided it wasn't a self defense situation so I'm inclined to believe them.
A gun was discharged. No one was injured. He said, she said evidence. You're a nut-case.
Everyone is so scared of guns. Simply firing a single shot gets you 20 years in prison? Doesn't that punishment seem WAAAAY disproportionate to the crime? Worst case scenario she should get some community service, but I don't even think that would be justified.
Makes it sound so simple. Did you read the other side of the story? because its not a simple he said, she said sorta thing. The children testified about their crazy mother almost trying to kill them in their own house. This was an attempted murder and you don't just get off scot-free because you missed your target.
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