Marissa Alexander Accepts Plea Deal
Marissa Alexander has accepted a plea deal in which she will be released from prison on January 27th, instead of facing a potential 60 years behind bars.
The Florida woman was sentenced to 20 years behind bars for discharging a firearm in the presence of her estranged husband and his two sons.
[su_center_ad]MSNBC reports:
Her case had sparked widespread attention amid allegations that the state’s “Stand Your Ground” was being unfairly applied.
According to the Florida Times-Union, Alexander, who is African American, was ordered on Monday to serve three years in jail after pleading guilty to three felony charges. The 1,030 days she has already been behind bars will count as time served, meaning she will be released on Jan. 27.
In the lead up to the 2010 shooting, Alexander, 32, said she and her husband, Rico Gray, had gotten into an argument over a series of text messages. Alexander, who had given birth to a daughter nine days earlier, had locked herself into the bathroom, at which point Gray broke through the door and grabbed her neck. Alexander testified that she then ran into the garage, couldn’t get the door open and returned with a gun from her car. When Gray threatened, “Bitch, I’ll kill you”, Alexander said she fired the gun as a warning shot. No one was injured, but a jury convicted her in 12 minutes.
Alexander’s attorneys claimed self-defense, citing Florida’s Stand Your Ground law.
Previously, a circuit judge had denied Alexander request for a new hearing for immunity under the Stand Your Ground law and she was sentenced in 2012 under Florida’s 10-20 Life laws, which involves mandatory minimum sentences for gun-related crimes.
The prosecutor in the case was Angela Corey, the same prosecutor for the George Zimmerman case.
Last year, Alexander was granted a new trial after the First District Court of Appeal in Florida ruled that a judge didn’t properly instruct the jury on self defense in the highly publicized case.
Under the plea deal, prosecutors waived the 20-year minimum mandatory prison sentence Alexander could have gotten for each of the three criminal counts, according to Jacksonville.com.
Alexander will have to spend two years under house arrest with a monitor after she is released in January. She will be allowed to leave her home to work, go to church, pick up her children at school and go to doctors appointments.
H/T: The incomparable @CarlaAkins with thanks.[su_csky_ad]
Hirightnow November 25th, 2014 at 8:18 am
“Stand your ground”?
But…she’s black!
smh
Budda November 25th, 2014 at 8:45 am
Obviously. Makes you wonder if we would even be hearing about it if she were white.
Carla Akins November 25th, 2014 at 8:47 am
No, there never would have been a prosecution. Trust me, I’m a white woman I can tell you I could probably get away with murder –
Pistol-Packing AKA "Susie" November 25th, 2014 at 10:44 am
Actually, if she would have shot him instead of firing a warning shot, she probably would have been better off.
Carla Akins November 25th, 2014 at 10:50 am
You would be correct. In order for SYG or self-defense allowed in FL you have to be shooting at your target with the intent to “stop” them. It seems they don’t allow for any wiggle room in the interpretation.
Pistol-Packing AKA "Susie" November 25th, 2014 at 11:15 am
believe it or not, almost all states do not allow a person to fire a warning shot. Even when it would be justified to save a life.
Carla Akins November 25th, 2014 at 12:00 pm
Although I understand the theory behind it, doesn’t it seem unreasonable that highly educated legal professionals aren’t allowed to make certain accommodations?
Pistol-Packing AKA "Susie" November 25th, 2014 at 12:20 pm
One might think that, but then how do apply it evenly across all cases. I understand the law has to be the law. But sometimes it is not a one law fits all circumstances.
I remember reading about this woman during the Zimmerman case. the biggest reason that she was convicted was for two reasons. First, she fired the warning shot in the direction of her children. Second was, she was offered a plea deal of 3 years. When she refused, she wanted a trial. Sadly, the law is what the law is. And because she was found guilty, the Judge had no choice but to sentence her for the term he did. Because that is what Florida’s 10-20-30 law states.
Now remember though. They were trying to get a charge of an illegal discharge added to the Zimmerman case also. Because if he was found guilty of that, he would have been sentenced to 30 years in prison. (Discharge of a firearm, resulting in death)
Matt Dillon November 25th, 2014 at 11:38 am
The law has recently been changed to make a so called warning shot legal. I think it was actually due to the subject case here.
Carla Akins November 25th, 2014 at 11:56 am
I watched an episode of “The System with Joe Berlinger” – the topic was actually about mandatory sentencing but they highlighted a FL Dad that fired a warning shot at his daughter’s boyfriend and he got 20 years. It was eye opening.
whatthe46 November 25th, 2014 at 11:30 am
i was going to say that.
Hirightnow November 25th, 2014 at 12:31 pm
Can I e-mail you a list?
😉
Carla Akins November 25th, 2014 at 1:31 pm
I was wandering around KC’s entertainment district a couple of weeks ago – when you’re over 50, white and overweight – the cops are afraid you’ll talk to them and they’ll have to engage instead of just looking tough. It’s amazing what they’ll overlook.
Matt Dillon November 25th, 2014 at 9:01 am
We’ve heard about her because the mandatory sentencing laws in Florida are excessively harsh. This case may have done some good for a lot of people.
allison1050 November 25th, 2014 at 3:01 pm
Nope
Carla Akins November 25th, 2014 at 8:46 am
Exactly. And with just cause, how dare she stand up to an abuser.
Simeon Namore November 25th, 2014 at 10:44 am
Well. Here’s the issue and it rests on semantics. It’s stand “your” ground. But they really mean they can stand “their” ground and “you” become the problem. It’s confusing, I know, but please indulge them. Otherwise, “you” trespass on their ground while “you” have no ground(s) whatsoever and never will have any except for the ground in which you are buried.
This’s also how you can try a Black teenager for his own murder.
Matt Dillon November 25th, 2014 at 11:35 am
Stand your ground laws simply remove the requirement for you to retreat from a violent encounter if you are in a place that you can legally be at. It’s to protect someone that defended themselves lawfully, from being prosecuted by an over zealous arm chair quarter backing prosecutor.
It also protects the lawful defender from trial costs by affording a so called stand your ground hearing where the judge hears all the facts of the case and decides if it is in fact a stand your ground case, if so no trial.
If you are forced to lawfully defend yourself you should not be forced to endure the stigma of doing so nor the potentially bankrupting costs of defending yourself. IT COULD HAPPEN TO YOU.
No where in the law does it mention race, color or religion.
Dwendt44 November 25th, 2014 at 11:57 am
She gets to leave her home to go to church; what if you’re not religious? Do you get that same amount of time to do what ever; sit in a park, go to the library, attend a lecture?
Bunya November 25th, 2014 at 2:07 pm
The “stand yer ground” rule doesn’t apply to abused black women. She should know that! It only applies to white guys stalking and killing children.
allison1050 November 25th, 2014 at 2:59 pm
Just a slight correction if you don’t mind, black children.