Sickening: Florida woman sentenced to 20 years in controversial warning shot case

[cali]

By the CNN Wire Staff
updated 2:08 PM EDT, Fri May 11, 2012


(CNN) -- Saying he had no discretion under state law, a judge sentenced a Jacksonville, Florida, woman to 20 years in prison Friday for firing a warning shot in an effort to scare off her abusive husband.

Marissa Alexander unsuccessfully tried to use Florida's controversial "stand your ground" law to derail the prosecution, but a jury in March convicted her of aggravated assault after just 12 minutes of deliberation.

The case, which was prosecuted by the same state attorney who is handling the Trayvon Martin case, has gained the attention of civil rights leaders who say the African-American woman was persecuted because of her race.

After the sentencing, Rep. Corrine Brown confronted State Attorney Angela Corey in the hallway, accusing her of being overzealous, according to video from CNN affiliate WJXT.

<snip>

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/

Fuck Angela Corey to hell.

[atreides1]

1. I predict...

...that Zimmerman gets away with what he did!

[sharp_stick]

2. She probably should

have just shot the prick, I doubt she'd get any more time. How the hell can you get 20 years for not killing or even hitting anybody with a bullet? Fucking idiotic mandatory minimums.

Florida, as per the great Homer Simpson, is America's wang and never fails to live up to the moniker.

[former9thward]

7. You are correct.

If she had shot and killed him there would be only one story to be told -- hers. Likely would not even be charged.

[Edweird]

15. Or she could have recalled shooting at him and missing....

[Tony_FLADEM]

3. 20 years for a warning shot to scare off her abusive husband?

I don't know whether to cry or be angry or what.

[cali]

5. either. both.

both are appropriate.

I'm just furious.

[EFerrari]

4. I just saw this. Sick. n/t

[TBMASE]

6. The problem is the mandatory minimum

but she shouldn't have gone back in the house, she should have called the cops

[cali]

8. when you're terrified, it's hard to think clearly.

[TBMASE]

9. After she left, she had no reason to be terrified

going back into the house with a gun was a bad move on her part. It's not right that she got 20 years

[cali]

10. nonsense.

Have you ever been in terror for your life?

I have. The terror doesn't just dissipate like magic.

[TBMASE]

12. She was out of the house. Her life was not in danger at that point

Had George Zimmerman not followed Trayvon Martin, he would have had no reason to be in fear for his life when confronted.

She made a concious choice to go back into the house, with a gun, instead of calling the cops. She made a bad decision.

Does she deserve 20 years, absolutely not.

[EFerrari]

16. That isn't what happens when you have been in danger.

Your brain doesn't register things well, sometimes for hours or days at a time.

That isn't the way human beings are built.

This is going to get tossed out because it's stupid and wrong. But in the meantime, damage will be done to this lady and to her whole family.

[TBMASE]

20. She had the presence of mind to get a gun

but not to go to a neighbor's house or make a phone call to 911, got it.

The question is, where was the gun. How many OTHER weapons she could have used to protect herself did she rule out before grabbing the gun to go back into the house where her attacker was?

[EFerrari]

21. You obviously don't "got it".

Try it once and then, review yourself. Fight or flight takes over and believe me, that's not a fine tool.

[cali]

29. well said. n/t

[TBMASE]

30. She chose FLIGHT

she then got a gun and WENT BACK INSIDE.

He didn't follow her.

[cali]

34. you don't really choose in situations like that- you react.

[TBMASE]

35. She reacted by leaving. He didn't follow her

she went back inside and caused the confrontation.
Zimmerman caused a confrontation with Trayvon, there's no difference here.

She doesn't deserve 20 years for her bad decision but she is responsible for her actions

[EFerrari]

41. You really don't get it.

And you are comparing this lady to Zimmerman who KILLED a teenager for no reason?

Sick.

[TBMASE]

45. I'm comparing 2 people, with guns that instigated confrontations

Both made choices that neither would have made without a gun in hand.
She should have called the cops

[cali]

42. there's an enormous difference.

I suggest you learn something about domestic abuse.

This is nothing like the Trayvon Martin case.

Nothing.

[TBMASE]

44. You mean there's a difference between

people with guns causing confrontations by making bad decisions?

If she had gone to a neighbors she wouldn't be on her way to jail. We don't know everything the jury heard but 12 minutes of deliberation sounds like there wasn't much doubt that her actions caused the confrontation.
She didn't stand her ground, she retreated and got a gun then instigated a second confrontation. Zimmerman instigated a confrontation by following a person who reacted in his own defense

[obamanut2012]

55. Exactly, EF

[angstlessk]

56. She ran terrified to the garage (still enclosed in the home) then discovered

she did not have the keys..which probably had the garage door opener on it..grabbed a gun..and went back, not to confront husband, but to get the keys...he then threatened to kill her, which she believed to be a valid threat..and fired a WARNING SHOT..hell. police get away with outright murder...a warning shot is NOT 20 YEARS IN PRISON..IT SHOULD BE ATTA GIRL!

[leftyohiolib]

47. generally if youre "terrified" and you get away from the souce of terror you just keep running

it's when you start thinking about it do you go get a gun then go back to the source of the terror. but the lesson here is if you shoot , shoot to kill

[TBMASE]

49. Absolutely right

She didn't deserve 20 years for her decision, though

[Cerridwen]

52. She was trapped in the garage. No other way to leave.

See post downthread.

[Egalitarian Thug]

62. Please familiarize yourself with the facts on the ground.

She went back into the house because she could not get out.

[Nuclear Unicorn]

11. As much as he is despised

this would be a good case to appeal to Florida's governor for pardon.

[NickB79]

13. Moral of the story: if you're going to shoot, shoot to kill

Never pull a gun if you don't intend to use it, and don't pull the trigger unless you intend to kill with it. No warning shots, no "shoot to wound" or any of that BS that some on DU advocate whenever a story about shootings pops up.

If you truly fear for your life, you use maximum force to protect it. End of story.

[spin]

59. Wrong ...

You do not shoot to kill.

You shoot to stop an attack that could result in serious injury or death. That does not mean that you shoot to injure or wound but that many firearms such the smaller caliber handguns (often the choice of people with a carry permit) are not as lethal as the movies or TV would lead you to believe. Currently very light and compact .380 auto pistols are popular with the CCW crowd as they are easy to carry but they are hardly one shot man stoppers.

Handguns are also often popular weapons for home defense. While shotguns are far more deadly than handguns they are also far more awkward to use in close quarters. They are most useful if you are willing to wait in your bedroom behind a locked door after calling 911. Of course clearing your house when you suspect you have intruders is a poor idea but often the strange noise that wakes you in the night is innocent.

Handguns for Self Defense - Better than Sharp Sticks

Handguns are very popular for self-defense in the United States. There are a variety of reasons for this, many of which have to do with convenience. While we all recognize that a 12-gauge shotgun is probably better at stopping an assailant, how easy is it to tote one around all day?

***snip***

There is a problem with handguns that many people don’t know about: they stink on ice for actually stopping an attacker.

***snip***

Shot placement - There are no guarantees that a bullet will work, but putting them into vital areas increases your likelihood of success. Most instructors will tell you to aim for center mass, which is the area of the chest where the heart and lungs reside.

Shots to center mass are unlikely to immediately drop an attacker, but they will cause massive bleeding. Other than a shot to the brain or spinal cord, bleeding and the resultant drop in blood pressure is what will incapacitate an attacker. Shots to the extremities are unlikely to produce enough bleeding to quickly render someone unable to hurt you.
http://www.humanevents.com/article.php?id=44723

I believe that I understand what you are trying to say and I agree that you never fire a warning shot or attempt to shoot someone in the leg or his hand. You aim for center body mass or the "kill zone" of a silhouette target. As you stated,

"If you truly fear for your life, you use maximum force to protect it. End of story."

One thing that is rarely pointed out in all the debate over the stand your ground laws is that prior to the passage of this law in Florida I commonly heard experienced shooters state, "If you ever have to use your weapon for self defense make damn sure you kill the person who is attacking you."

While I disagreed with their opinion I could see the wisdom behind it. In the older days if you used your weapon for entirely legitimate self defense, not only could you possibly face an expensive trail led by an overzealous prosecutor who might claim that you didn't make every effort to retreat but you could be sued by the victim and lose all your life savings. Your chances of being judged as not guilty in the criminal trail and the civil case were higher if the attacker was dead as "dead men tell no tales."

Under the new law, you may not even face prosecution if your actions were felt to be reasonable and if so, you can't be sued.

I do expect the wording of the law in Florida will be changed to eliminate some of the current ambiguities.

[Edweird]

14. 'Warning shots' have ALWAYS been a NO-NO. Either your life is in danger, or it isn't.

If your life is in danger, you shoot the person that's the danger. If not, you DO NOT FIRE. Plain and simple. 20 years is draconian, but she screwed up.

[EFerrari]

17. Yeah, she screwed up by being abused by this asshole.

[TBMASE]

23. She should have called the police

she was out of the house and should have gone to a neighbors

[EFerrari]

24. You are trying to compare the reactions of a rational person

with those of a person who has been threatened and is now on automatic survival mode.

You can't. They are totally different processes.

[TBMASE]

31. Automatic survival mode

doesn't dictate a person return to where the danger is.
If she was REALLY in danger, she had no reason to go back into the house. She should have called the cops

Trayvon Martin died because Zimmerman decided to cause a confrontation by following him. She caused the confrontation by going back into the house

[EFerrari]

40. You clearly have no idea what it is like to be in danger

in the way she was.

[TBMASE]

46. How was she in danger when she wasn't followed

into the Garage?
She took a gun and caused a second confrontation.

[TBMASE]

37. She caused the confrontation with the gun

She's responsible for her own actions

Zimmermann caused the confrontation when he made the decision to follow Martin. There's no difference here, except Trayvon was killed.

She doesn't deserve 20 years but she is responsible for her actions

[EFerrari]

39. Baloney. There is no comparison. nt

[TBMASE]

48. Because you say so?

2 people, with guns, caused confrontations through decisions they made.

[Edweird]

60. When your life is in danger you shoot to kill. If it is NOT in danger, you do not shoot.

Thems the rules Warning shots are not allowed. Bullets kill.

[daaron]

18. Flee! Flee the South, my minority comrades!

It's a big country, and we will welcome you all, North and West! Black, gay, brown, female (oddly enough, given that women make up more that 1/2 the population), atheist, whatever the beef is that RW zealots have with you -- flee them and help show how truly isolated and alone they are.

[benld74]

19. THIS is SO much B.S.!!! Jury took that short of time?

Yeah she should have shot him. She would not be facing prison time if she did. So, he was her boyfriend,a dn her kids in the place made it look like she could have possibly shot them? If she in prison, what happens to her kids!
JHC!

[riderinthestorm]

22. She should have shot him dead. Then she could fall back on SYG laws and be home free.

Who cares if another human being is dead right? She could be judge, jury and executioner and get off scot free. Now she's a felon for trying to preserve HIS and HER life.

Disgusting.

[EFerrari]

25. Her attorney did argue SYG and now we see how the law is applied

to abused minority women.

[TBMASE]

50. How did she stand her ground by retreating and getting a gun

and then going back

You can't stand your ground by running away and going back, causing another confrontation

[Cerridwen]

61. You keep saying that as though it's true.

Even after having been show articles that argue otherwise.

She tried to leave; found herself trapped. Then grabbed the gun and then went back through the house to get out at which point he threatened her; then she fired, grabbed the kids and went to the police department then went to the hospital. There are medical records on her from the night in question.

You can't run away while being trapped in a garage. What about that are you not getting?

[LadyHawkAZ]

26. Appalling

I hope this is reversed on appeal. It's ridiculous and in light of SYG, discriminatory as well.

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

HAS NO DUTY TO RETREAT- she was perfectly justified in returning to the house where she had every right to be. The judge's decision is bullshit.

[maggiesfarmer]

27. I bet she wished she had taken the 3 year plea offer

CNNstroy

[okieinpain]

28. where's the nra when you need them. n/t

[DLevine]

32. There's very little justice in our justice system. n/t

[NC_Nurse]

33. Indeed. It's a clusterfuck.

[lpbk2713]

36. Goes to show ... justice is relative.

Relative to who you know and how much you're worth.

[cynatnite]

38. This is what happens when a black woman fights back...

A truly sad day in our country.

[slackmaster]

43. If you plan to keep a weapon for self-defense, you need to learn your state's laws

I was always taught that warning shots are almost never a good idea. This is one reason I hadn't heard of until now.

[Cerridwen]

51. "stuck in the garage" This was in many of the earlier stories and absent from this.

She went to the garage; the garage door was 'broken' or 'stuck' closed; she did not have her car keys to drive away; she got the gun and went back in.

cnn's version looks like she went for gun then went back in to confront rather than being 'stuck'/'trapped' in the garage with no way out other than back through the house.

Here's one with the details I just listed above:

Alexander’s family and a growing legion of her supporters have decried her prosecution by Corey’s office, saying that Alexander is an example of someone standing her ground. Her husband, Rico Gray, 36, admitted in court documents to beating, choking and punching women, including Alexander. "I got five baby-mamas and I put my hands on every last one of them except for one," Gray said in a deposition. {there is a link to his deposition}

The couple's battle in 2010 left Alexander cornered in the couple’s Jacksonville home. She ran into the garage to escape and was trapped behind a jammed door, she said in court documents. She said she grabbed the gun she kept in the garage, returned to the house and, when Gray threatened to kill her, fired a single shot to ward him off. link

This story is being spun and many people here are giving weight to the most recent version rather than others.

I don't know which version is accurate; I know that the facts are being dribbled out and spun according to a journalist's agenda.

[TBMASE]

53. How was she going to drive away if the door was stuck?

[Cerridwen]

54. Precisely. n/t

[angstlessk]

57. She is BLACK...case closed!

[bermudat]

58. Truer words were never spoken

A woman who gave birth 9 days earlier is terrorized by her abusive husband and
nobody was shot and she got 20 years?!?! For those of DU who are about to say race
has nothing to do with it, SHUT THE F*CK UP! Have also had it with these cowardly judges
mewing 'my hands are tied.'