Marissa Alexander, Woman Sentenced To 20 Years For Firing Warning Shot, Gets New Trial

[lumberjack_jeff]

74. a) it wasn't a warning shot, it was at the heads of her husband and his children.

b) "stand your ground" doesn't mean leave to go get a gun then return to said ground.

On the evening of July 31st, She left her 1 week old baby at the hospital and went to Gray's house (violating a protective order) to get stuff. She spent the night at the house. When Gray arrived home the following morning with his kids (9 and 13) they had "a pleasant breakfast together".

At that point she showed him cellphone photos of his baby and, inadvertently, text messages from her ex-husband. The two argued, she went into the garage in which she had parked her car, retrieved her handgun, came back into the house, aimed it at Gray and his kids and fired. The shot hit the wall "nearly missing (Gray's) head" and ricocheted into the ceiling.

Gray and the kids fled out the front door, into the street and called 911.

Here's the 911 call.

And that evidence was more than sufficient for a Florida judge to promptly reject Alexander’s appeal to Florida’s Stand Your Ground law. As Legal Insurrection’s Andrew Branca explains, in the eyes of the law, two separate conflicts occurred on August 1, 2010: a “non-deadly conflict” that ended when Alexander went into the garage, and a “deadly” one that started when she returned with a gun. Stand Your Ground applies only to a “person who is not engaged in an unlawful activity and who is attacked.” Alexander began the latter confrontation, and she was the attacker. It was behavior “inconsistent with a person who is in genuine fear for his or her life,” to use the judge’s words.

Furthermore, Alexander’s fear seems to have evaporated rather quickly. After convincing her husband to lie in his deposition, Alexander returned to Gray’s house while out on bail in December 2010. According to the incident report drafted by the Jacksonville sheriff’s office, when Gray refused to let her stay the night, an argument broke out. Police arrived to find Gray’s left eye swollen and bloodied. Alexander had fled. In March 2012, she pled no contest to domestic-battery charges.

http://www.nationalreview.com/article/354178/real-marissa-alexander-story-ian-tuttle/page/0/1

She is no innocent victim, and she has earned jail time.

20 years? I dunno, but if they let her go and she does it again, it's the court's fault.