Florida seeks triple sentence of 60 years for woman who fired warning shot

[The Straight Story]

JACKSONVILLE — A Florida woman could end up in prison for 60 years when she's retried for firing a shot in the direction of her estranged husband and two of his children.

Marissa Alexander, 33, was convicted in 2012 on three counts of aggravated assault with a deadly weapon and sentenced to 20 years — three counts served concurrently. An appeals court tossed the conviction, saying Circuit Judge James Daniel made a mistake in shifting the burden to Alexander to prove she acted in self-defense.

...

Assistant State Attorney Richard Mantei told the Florida Times-Union the state is simply following sentencing laws in seeking 60 years.

The same court that ordered Alexander's retrial ruled that when a defendant is convicted of multiple counts from the same crime, judges must make the sentences consecutive, not concurrent.

"Absent a plea agreement, if convicted as charged, the law of the State of Florida fixes the sentence," Mantei said. "At this time, Ms. Alexander has rejected all efforts by the State to resolve the case short of trial."

Alexander's supporters are angry that the state is seeking triple the original sentence.

http://www.tampabay.com/news/courts/criminal/florida-seeks-triple-sentence-of-60-years-for-woman-who-fired-warning-shot/2168247

[hlthe2b]

1. WTF is wrong with these idiots?

Can anyone in Florida (or elsewhere) defend this crap?

[libodem]

2. This is so wildly unfair

I can't take it.

[jsr]

3. Basically a life sentence for her.

WTF.

[riversedge]

4. This case gets worse as time goes on!!

[3catwoman3]

5. In-

-effing-credible.

[Gothmog]

6. I do not like this state attorney

This lady overcharges in all cases. 60 years in this case is crazy.

[tammywammy]

14. It's a mandatory sentence

The problem is that when Marissa Alexander is found guilty the sentence is automatically 20 years per sentence. This is just a skirmish over concurrent or consecutive sentences for the three charges.

People should be contacting their state representatives, senators, governor to request a change in the mandatory sentencing laws.

Marissa Alexander should have taken the 3 year plea deal.

[Gothmog]

15. This is an overcharge in my opinion

Firing a warning shot does not justify this type of prosecution

[tammywammy]

16. I disagree

Firing a gun in the direction of an adult and two children sounds like aggravated assault to me. I think she's guilty, but I don't think 20 or 60 years is appropriate. I hope those that live in Florida contact their representatives/senators/governor to correct this ridiculous mandatory sentencing law.

[Bandit]

19. If this is the same case I heard about a few months ago, she was threatened by her husband

and was in fear of her life. She fired into the air as a warning. This case became public immediately after the Zimmerman case and she should be allowed to "Stand her Ground" every bit as someone who instigates a situation then claims "Stand Your Ground" She was justified and Zimmerman wasn't. She is black and Zimmerman is white.

[Gothmog]

20. This is the same case

Her husband had beaten her up in the past. The DA claimed that stand your ground did not apply since she could have hid in the garage and did not have to come back into the house where her children were present.

[tammywammy]

21. She wasn't standing her ground

She left and return to the scene. That's why she lost the SYG hearing. Plus, her then assaulting him again while out on bail (which she pled guilty to) didn't help her case.

Is the guy an asshole? Absolutely. That doesn't mean she cannot also be guilty of these acts.

[Bandit]

22. I disagree with you

Stand your Ground means you have no duty to retreat or hide and can indeed approach the person you are afraid of. Just as Zimmerman did. Firing a gun into the air is the absolute best result from such a situation. She could have, and probably should have, killed him dead on the spot and got off Scot Free, but she didn't. All she wanted to do was scare him away. She is however black and Zimmerman is white and that probably is all that one needs to know to understand how this will turn out.

[Jenoch]

23. She was in his house.

She Did not shoot the gun 'in the air' which I assume you mean by pointing the gun upwards. She fired the gun in the direction of her ex and the kids and the bullet went into the wall. The problem is not with the laws she violated, the problem is with the sentencing.

[TDale313]

7. Absolutely insane!

Why are they persecuting this woman? Sounds to me like punishment for making them look bad in the press and not taking a deal that would let the prosecutors save face.

[jsr]

8. It is fucking insane.

[napkinz]

9. Angela Corey

[davidn3600]

10. Zimmerman's attorney told you this prosecutor was nuts

I remember people cheering her on when she was going for 2nd degree murder against Zimmerman, even though most legal experts said she was overcharging the case.

She does this constantly.

[HockeyMom]

11. You have a gun? It it your DUTY to KILL!

Reading between the lines of Florida laws. Plus, no "duty to retreat" means you MUST SYG. Sorry, Floriduh, I will RUN MY ASS OFF and you cannot stop me from doing that.

[tammywammy]

12. Mandatory sentencing is the problem here.

60 years, or 3 consecutive 20 year sentences is ridiculious.

Marissa Alexander should have taken the 3 year plea deal the first time around. If she's convicted the sentence is set by law.

[cinnabonbon]

13. Frightening and deeply disturbing. nt

[SoCalMusicLover]

17. If She Were White, And Had Killed Him, Then She Would Be O.K.

Unfortunately she's Black, and he lived.

Self Defense only works in certain cases. If he had thrown popcorn at her, or played his music too loud, then she MIGHT have a case.

Florida, gotta love it.

[shraby]

18. If Zimmerman got off for killing a kid cause he claimed he was scared under stand your ground,

she should get off for firing a warning shot under the same law.

[Jenoch]

24. Zimmerman used self-defense as his defense, not SYG.

He should have been charged with manslaughter and he would likely be in prison now.