woman who fired warning shots and got 20 yr sentence walks free

[Liberal_in_LA]

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Wife jailed for 20 YEARS for firing warning shots to scare off abusive husband finally walks free - after legal campaign against 'unfair' Stand Your Ground law made infamous by George Zimmerman's trial
Mother-of-three Marissa Alexander was free to walk out of court on Tuesday after receiving two years house arrest as part of a plea deal
Her original 2012 sentence had been highlighted as an example of the unfairness of Florida's Stand Your Ground law
The original verdict was thrown out after a judge ruled that the court had incorrectly required Alexander to prove she was abused by her husband
Applause erupted in the courtroom after Tuesday's verdict and outside Alexander said she and her family could now 'move on with our lives'



Read more: http://www.dailymail.co.uk/news/article-2930214/Wife-jailed-20-YEARS-firing-warning-shots-scare-abusive-husband-finally-walks-free-legal-campaign-against-unfair-Stand-Ground-law-infamous-George-Zimmerman-s-trial.html#ixzz3Q9EYqxwn
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[LittleBlue]

1. Finally!

The sentence was unjust. Glad to see she's out.

[stevenleser]

10. It's still unjust IMHO. Two years house arrest while Zimm walks free for killing someone?

[DesMoinesDem]

2. This case, nor Zimmerman's, had anything to do with Stand Your Ground.

Though I'm glad she is out.

[braddy]

8. The article mentions Zimmerman not being related to "Stand Your Ground" law, just self defense.

"Zimmerman never sought immunity under Stand Your Ground, instead relying on a standard self-defense law."

[DesMoinesDem]

26. Yes, 18 paragraphs into it they mention that. Their bizarre headline states

"after legal campaign against 'unfair' Stand Your Ground law made infamous by George Zimmerman's trial"

[madville]

47. Few make that connection

I can't think of a case yet where Stand Your Ground has been used and resulted in an injustice. If Zimmerman had used SYG his trial could have wound up completely different.

In many cases traditional self defense laws offer the legal defense more options and broader limits to work within.

[msongs]

3. psst! 2 years of "house arrest" is not free nt

[Liberal_in_LA]

4. u r right

[PoliticAverse]

7. It's the Daily Fail. n/t

[brush]

19. Yes, and she has to pay hundreds a month

Like she'll be able to get a job and pay room and board for her kids on top of that fee.

She's out, thankfully, but in for a rough road.

All part of Florida's "humane" justice system.

[99th_Monkey]

5. So glad to hear she'll not be jailed

the house arrest sucks tho.

[hack89]

6. Firing at someone's head is not a warning shot

that being said, it is good that she is out of jail.

This episode has more to do with mandatory minimum sentencing than anything else. Florida has strict minimums for any crime involving a gun (which in itself is a good thing.) But in her case, even the prosecutor thought 20 years was too much and offered a three year plea deal. She rejected it and was convicted in short order. This time around she got better legal advice and took the plea deal.

[Kelvin Mace]

9. Not trying to pick a fight here

but if he was menacing her, threatening her life, and she has two options:

1) Fire at him, but not to hit him, the proverbial "shot across the bow".

2) Shoot to kill.

It seems to me, that if she had taken option two, she would not have been charged, but since she took option one, she was.

[hack89]

11. One problem is that she left the house, got her gun, reentered the house and opened fire.

So option two would have been murder. Option 3 - run to a safe place and stay there is what she should have done.

Another problem is that her kids were standing with him when she shot at his head - they testified in court against her that they thought she was going to kill them. Apparently their testimony was very influential with the jury.

[Kelvin Mace]

16. Thanks, I have heard so many conflicting

accounts on DU, and as the source for this was the Daily Mail, I was looking for corroboration.

[1StrongBlackMan]

21. You're leaving out the part where ...

she left the house, got her gun, reentered the house and opened fire, after he advanced on her, threatening to kill her.

But we have had this dance before. http://www.democraticunderground.com/1014918122

[hack89]

23. I think you need to read the court transcripts again

especially the testimony of her kids. They say she walked in and just opened fire. And lets not forget that she told him "I have something for your ass" as she walked right by him (past the front door and safety) to get her gun.

[1StrongBlackMan]

24. I have ... several times

We talked about that, too ... during our last dance.

http://www.democraticunderground.com/1014918122#post107

[hack89]

33. And you discounted all the opportunities she had to escape

and lets not forget the garage door that worked for everyone but her (and which worked fine for her the night before).

She got a gun and went back to confront him. She didn't have to do that. The law is pretty clear on the matter.

[lumberjack_jeff]

39. Here's what she admitted to.

http://www.democraticunderground.com/?com=view_post&forum=1014&pid=919049

This is now history, not debated subjective interpretation.

We waited and now we've seen. Guilty of three counts of aggravated assault as described in court documents.

[Logical]

63. I don't think you really have. nt

[1StrongBlackMan]

67. Yeah, I make a practice of lying on anonymous message boards ...

BTW, the TRANSCRIPTS that I read are TRANSCRIPTS, not rulings on motions (i.e., a judge's judgment/findings of fact) or recitations (commentary) of people commenting on the transcripts.

[Logical]

68. So you think no one lies on the internet? Really? nt

[1StrongBlackMan]

70. I know I don't lieon the internet, or IRL ...

I can't speak for anyone else.

[lumberjack_jeff]

31. There's no longer any doubt, disagreement or question.

http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-for-Immunity-and-Motion-to-Dismiss

This is what she plead guilty to. "Guilty", meaning the facts as described by Hack are established and true.

A situation in which Gray's 12 year old son testified as "I thought I was fixin to die."

[davidn3600]

13. She was violating a restraining order

She wasn't legally allowed to be there. She also left the scene to get a gun, then came back with it. That's not self-defense.

[Kelvin Mace]

15. Ah, thank you

for the clarification.

[brush]

22. Going out to the garage is not exactly leaving the scene

And do you think the serial woman beater became less of a threat in that short time?

[davidn3600]

29. Her actions were in no way self-defense

1. Why was she there? She was violating a restraining order.
2. Why didn't she try to leave? She left the room, got a gun, returned and instead of leaving fired a warning shot which nearly hit her kid in the other room.

Florida has some of the most lenient self-defense laws in this nation. What she did is not self-defense under Florida law nor any other state.

If she was worried about the welfare of her kids with this man, she should have called the police or DCF (department of children and families).

I fully understand this man was an abuser. He even admits to such. But she did in fact break the law.

[brush]

40. It amazes me that so many people . . .

want this domestic abuse victim to do 20 years in jail.

If she wanted to shoot him she could have easily.

Matter of fact, she probably would've gotten the 'zimmerman treatment' and gotten off . . . oh wait, she's black, and in Florida.

That would never happen.

[davidn3600]

42. Im not saying the original sentence was right

20 years is ridiculous for this. And the prosecutor is a known idiot.

But she's not innocent. She broke the law the way it was written.

[brush]

62. So she's been in jail for what — three years? Wouldn't you say that's more than enough . . .

time served?

[noiretextatique]

75. not people, men

All of the people who seek to demonize this woman are men. Some of them support the cukd-murderer zimmerman.

[msanthrope]

84. Excuse me...but as a female, I think both she and zimmerman are guilty. Both shot at children. nt

[brush]

85. What's up DU? Sure is a whole lot of hating going on for an abuse victim.

We all know, or should all know that was a BS sentence from Angela Cory, the same prosecutor that horrendously and purposely botched the zimmerman case.

And tons of people ON THIS PROGRESSIVE SITE are gung ho for this battered woman to do 20 fu_king years.

Unbelievable!

And don't come with the she shot at his head and kids.

In a room like that at such a short distance she could have shot him easily if she had wanted to.

It was a warning shot and for that Cory woman to charge her like that is almost as ridiculous as people on this site supporting the charges.

[msanthrope]

86. No--I think she should have taken the deal she was offered in the first case...three years. But I

also think the facts indicate a sound jury verdict of three counts of ag assault.

Abuse victim? Perhaps, but of course, she was the one who violated a restraining order and assaulted someone.

[lumberjack_jeff]

32. Between the two of them, she's the only one convicted of battering the other. n/t

[hack89]

35. She hadn't lived in the home for months

and lets not forget that after this incident, she violated bail to visit her ex and ended up assaulting him. She was charged with that crime too.

[lumberjack_jeff]

27. Neither of the former were true.

She plead guilty to three counts of aggravated assault to avoid the mandatory minimum that her use of a gun indicated.

[Jackpine Radical]

12. "Firing at someone's head is not a warning shot--" So

maybe a condition should be attached to her release from custody prescribing mandatory target practice.

[hack89]

14. As a convicted felon she can no longer legally own a gun. nt

[lumberjack_jeff]

28. Good. n/t

[seveneyes]

49. Terrorizing and abusing someone is not a good way to continue living

Good on her for not putting up with her abusers shit. He should count his blessings he is still with us.

[hack89]

51. She had not been living with him and the kids for months

she decided to stop by the house to pick up some stuff while he and the kids were gone. She decided for whatever reason to spend the night there and was there in the morning when they returned.

I think their relationship was a lot more complicated then you think. Let's not forget that after this incident she broke her bail conditions to visit him where she assaulted him, giving him a black eye. She was charged with domestic violence.

[seveneyes]

52. Perhaps

I also know that someone once pushed to the edge can live on the edge until the threat is dealt with.

[hack89]

54. Or she could have stayed away from him like she had for months. Nt

[William769]

17. Kick & highly recommended.

[Omaha Steve]

18. What is good for George Zimmerman....

...is good for the gander.

K&R!

[Rex]

20. Good! That was a bullshit sentence from the beginning!

Glad someone finally realized she was railroaded into prison. Her Ex is just lucky she was trying to scare him off and not kill him. Some abused women would just take aim and pull the trigger.

[hack89]

38. She was offered a generous plea deal by the state which she rejected.

and the reason the sentence was so high is because Florida has strict minimum sentences for crimes committed with a gun. But even the prosecutor thought 20 years was too much and offered three.

[Rex]

56. And just think, if she would have taken the generous plea deal she would be in prison.

Glad she is free, yeah 20 years sound like cruel and unusual punishment to me.

[lumberjack_jeff]

25. Innocent until proven guilty? Sure. But once proven guilty... guilty it is.

Specifically, guilty to three counts of aggravated assault. This, added to her previous conviction for domestic assault makes here a feminist hero.

They weren't warning shots, she confessed to the crime, and by now everyone knows that they weren't.

[Spitfire of ATJ]

30. She should sue the State for wrongful prosecution.

[lumberjack_jeff]

34. Uh... "plea deal" means plead guilty.

Specifically, to three counts of aggravated assault.

The plea deal allowed the court to ignore the fact that she did it with a gun and thus earned a mandatory minimum.

[Spitfire of ATJ]

48. As if "the lesser of two evils" is a new concept here.

[Tsiyu]

65. a plea deal has as much to do with actual guilt

as the advertisement picture for the Big Mac has to do with what you actually unwrap after you pull away from the drive-thru.


People plead to all sorts of trumped up shit to avoid prison or harsher `punishment.




And your "feminist hero" comment was duly noted.

I had hoped that infantile crap was over but I await that glorious day anew.

[lumberjack_jeff]

74. Heroic convicted domestic abusers.

On the bright side, as a felon she will no longer be able to own a gun.

[Orrex]

36. That'll be an uphill battle, considering her guilty plea

[Spitfire of ATJ]

44. Proof our courts are about the best deal that can be negotiated.

[billhicks76]

37. Finally Some Good News

[Chemisse]

43. At long last.

I have never heard of a more unjust sentence than hers.

[madville]

45. Had to plead guilty to three felonies

And she got credit for the three years she had already served. The lesson here is warning shots are still a terrible idea and illegal almost everywhere, she got a total if five years to show for it.

[madfloridian]

46. A warning shot a terrible idea?

It's a hell of a lot better than shooting someone who is only armed with snacks from the store.

It's a hell of a lot better than a policeman shooting an unarmed man 6 times when his arms were raised.

She should NEVER have had to serve time at all.

[madville]

53. So three violent felonies shouldn't result in jail time now?

The gymnastics involved in this case are amazing.

There was a restraining order against her. She willingly violated the order. She told the guy she "had something for his ass" and left the residence to retrieve a gun. She returned and started firing.

The part that is muddled is whether, in her mind, she was attempting to actually hit them or shot over their heads to scare them.

And then while out on bail for the shooting she returned to the same residence and physically assaulted him which resulted in her being arrested again. (I don't know if those charges have been settled yet).

Three years incarcerated and two house arrest seem more in line in this case, 20 years was excessive (she should have taken the original plea offer when this all started). She admitted her guilt and agreed to the punishment.

I'm just thankful she will never be able to legally own or purchase a firearm again. Her tendency towards violence and poor decision making are textbook reasons why someone should lose their right to possess firearms.

[madfloridian]

55. Think about it. He abused her, and she was given restraining order. That's so amazingly twisted.

[madville]

59. They could have been abusing each other

And he was the first one that filed, or he did it in an effort to get her out of his residence, could be several reasons.

I'm not defending him at all, sounds like he was also an abuser from the other women's testimony. I don't think either one of them is innocent. But it is a fact the restraining order was against her and she was arrested in a separate domestic violence incident against him.

It was excessive sentencing though, I'm glad it got reduced AND she still plead guilty to the violent felonies so she can't own firearms.

[GummyBearz]

60. And she shot a gun at him...

Seems like the restraining order was on the right person.

[Logical]

64. So we are OK with warning shots now? We like guns now? OK, nice. nt

[davidn3600]

66. Shooting a warning shot is usually a bad idea

When you shoot a bullet into the wall, it can hit something and deflect. Considering her children were in the room next door, it could have deflected and hit them. Discharging a firearm in a home is a bad idea. You don't know for sure what that bullet is going to hit and deflect off of. You do not know who is in the next room. People have been accidentally killed this way.

I also remind you that she violated her bail and violated a restraining order. She was going to end up back in jail anyway because she violated the judge's order by going to that house in the first place. Why does that important piece of information not register with anyone here?

[christx30]

83. A warning shot is never a good idea.

You don't know where those shots are going to go. What goes up, as they say, must come down. If you're firing into the air, and not the person that is threatening you, then you don't believe that your life is in danger. You fire that weapon because you believe that is the only way you are going to protect your life. It's not about scaring someone away. The law is very clear. If I'm walking outside and 3 men approach and try to mug me, I'm better off shooting one in the chest, saying that I was afraid for my life than firing at a random direction.
I think 20 years is way too long, but she did not do the right thing here. But glad she's only getting house arrest instead of prison time.

[AtomicKitten]

50. Justice limps across the finish line.

[Rex]

58. +1

[yuiyoshida]

57. I remember this story...

Remember how unfair it was she was going to prison for trying to warn off her husband or whoever he was.

[lumberjack_jeff]

80. 86 recs? It is apparent that DU'ers remember *a* story.

Albeit nearly entirely fiction.

She has now been found guilty... again... of exactly what "victim advocates" claim to be against.

[yuiyoshida]

82. 87 now...

You think this should have more? Maybe on the greatest page? sure..why not.

[chillfactor]

61. Very happy to see she is out of jail...

One set of rules for WHITE George Zimmerman ..... another set of rules for BLACK Marrisa...

[Vattel]

69. I hope she doesn't kill anyone.

[niyad]

71. she is under house arrest for two years, AND has to pay the $105/week cost of the tracking

piece. so, out of jail, but not free.

[flvegan]

72. Plea: "guilty to three counts of aggravated assault with a deadly weapon"

But it's not about this case. It's about Zimmerman. Nobody really cares unless it can come back home to Zimmerman and Trayvon Martin.

I have no real comment about the outcome of this, only the DUgasm that results from it.

[cwydro]

77. I rarely agree with you flvegan.

But here I do.

[niyad]

73. angela corey has a lot to answer for.

[lumberjack_jeff]

76. What? She got three convictions.

One less armed assailant.

[niyad]

87. remember george zimmerman? he is still walking free, and he killed an innocent young man.

[lumberjack_jeff]

88. non sequitur.

A light sentence given to an armed domestically abusive felon doesn't bring Trayvon justice in any sense.

If anything, it proves that shooting at black men and boys carries zero penalty, regardless of the color of the shooter's skin.

[niyad]

89. not a non sequitur, since the prosecutor in the cases was the same. firing warning shots

above your abuser's head, vs killing a person who is no threat to you? yah, definite non sequitur.

[Enthusiast]

78. Shocking! Actual justice! nt

[ieoeja]

79. Do pro-gunners almost always agree with White shooters and disagree with Black shooters? n/t

[seldomseensmith]

81. Are there people out there who believe if you repeat this "she fired a warning shot" nonsense..

..enough it'll magically come true or something?

Whatever else you may be doing when you leave the scene of a confrontation, grab a gun, return to the scene and start blasting away, you most certainly are not "standing your ground" or "firing a warning shot." The sentence was ludicrously harsh, but we don't need to lie to ourselves about the nature of what she did to admit that.

Where I lived in back in the 80's (upstate NY) you'd have gotten a few months in county, probation and a stern talking to from the judge unless there was evidence of murderous intent for that sort of thing, which is about right imo.