Florida woman in warning-shot case released

[Karee 4,190]

(CNN) -- A Florida woman who was sentenced to 20 years for firing a gun to scare off her allegedly abusive husband has been released from prison as she awaits a new trial, her attorney said.

Marissa Alexander was released Wednesday night, attorney Bruce Zimet said.

Last month, an appellate court ordered a new trial for Alexander. The case will be retried because the jury had incorrect directions, the court ruled.

Alexander's case gained the attention of civil rights leaders, who say nobody was hurt and the sentence for the mother of three was too harsh.

The case shined the spotlight on Florida's "stand your ground" law after she unsuccessfully argued before her 2012 trial that she was immune to prosecution because of the law.

According to court paperwork filed in Duval County, Florida, Alexander was granted a pretrial release with special conditions and a $150,000 bond.

Alexander will be under electronic monitoring at all times and on home detention until the completion of her case, the documents state.

A campaign supporting Alexander said that she was back home with her family.

"We hope the decision means that the Florida justice system has relented in its vindictive, hostile and racist legal assault on this African-American mother of three," the statement by the Free Marissa Now Mobilization Campaign said.

Thrilled supporters in Jacksonville, Florida, cheered Alexander's release Thursday, but also said they were prepared to keep fighting.

"We do know this is temporary joy. ... This is a victory, but the battle's not over yet. The battle will be won in court," said Anthony Heard of Free Marissa Now. "We're all just happy that she'll be home for Thanksgiving and Christmas, and we're going to focus on that right now."

Source:

http://us.cnn.com/2013/11/28/justice/florida-stand-your-ground-release/index.html?hpt=hp_bn1

[lostinblue 1,989]

Uncle Joe says fire off a few warning shots if you fear for your life. Perhaps the courts will listen to his advice that it is the correct thing to do.

[Dakine10 5,452]

Uncle Joe is an idiot.

If you're at the point of firing a weapon, you are past the point of warning. A warning shot is basically an admission that you fired a weapon while at the same time making a decision that lethal force was not necessary. It's not going to be an easy defense.

[Darnell 8,478]

Karee - this is some great news.

It's a shame that this woman has to arrange so much money to declare herself not guilty, though.

[Pooky 3,559]

Uncle Joe is an idiot.

Joe Biden, the Uncle Joe in question, is, indeed, an idiot.

So is the defendant in this case. Going out to her car from a violent situation, getting a gun, going back inside, then claiming stand your ground, or self defence, is just stupid.

[Karee 4,190]

Maybe Marissa and GZ can get together. They both live in Florida and it seems he's single now.

[SMOKE 1,426]

Maybe Marissa and GZ can get together. They both live in Florida and it seems he's single now.

screw that. she's a violent felon

[Dakine10 5,452]

Joe Biden, the Uncle Joe in question, is, indeed, an idiot.

So is the defendant in this case. Going out to her car from a violent situation, getting a gun, going back inside, then claiming stand your ground, or self defence, is just stupid.

Just the fact that she shot into the air negates a stand your ground defense. The air wasn't attacking her. She fired a weapon to scare someone, not to defend herself. If she actually fired at him, she might have a claim.

Edited November 29, 2013 by Dakine10

[Peikko 1,575]

The case is being reviewed because of a technical error on the process of law, not because of anything the stand your grounders have said. Mind you I do think the sentence is crazy but a lot of US sentencing is crazy. Imprisoning a shop lifter for shop lifting more than three times for 20 years to life makes no sense at all and that's been done as a result of the three strikes laws.

[spookyturtle 9,465]

Joe Biden, the Uncle Joe in question, is, indeed, an idiot.

So is the defendant in this case. Going out to her car from a violent situation, getting a gun, going back inside, then claiming stand your ground, or self defence, is just stupid.

She should have shot to kill. Self defense, end of story and she would walk. Never fire a warning shot, shoot to kill or don't shoot at all.

[luckytxn 2,264]

There is more to this story. This was in no way a stand your ground. It was his house. She came to stay the night and even had breakfast. The problem is she went to his phone and saw text messages from another girl. She confronted him about it and an argument ensued. He left to be with his kids in the living room. She went past them into the garage and retrieved her handgun and came back into the house and fired a shot in their direction. She was in the wrong here. I still feel it was excessive penalty. She was allowed to plead to lesser charge and maybe serve no time but she was adamant she could pull the stand your ground off. She was wrong and the jury convicted her. The problem was when she was convicted the judge had no choice but to give her the mandatory sentence.

[Pooky 3,559]

She should have shot to kill. Self defense, end of story and she would walk. Never fire a warning shot, shoot to kill or don't shoot at all.

The smarter move would have been to not retrieve the gun, but to keep walking/driving into the distance. But the gun gave her a misplaced feeling of empowerment and her ensuing actions have resulted in her facing 20 years behind bars. Take the gun away and she's not facing jail time.

Proof positive that guns make people stupid.

[spookyturtle 9,465]

The smarter move would have been to not retrieve the gun, but to keep walking/driving into the distance. But the gun gave her a misplaced feeling of empowerment and her ensuing actions have resulted in her facing 20 years behind bars. Take the gun away and she's not facing jail time.

Proof positive that guns make people stupid.

Typical woman overreacting to a situation.

[Mr. Big Dog 10,747]

There is more to this story. This was in no way a stand your ground. It was his house. She came to stay the night and even had breakfast. The problem is she went to his phone and saw text messages from another girl. She confronted him about it and an argument ensued. He left to be with his kids in the living room. She went past them into the garage and retrieved her handgun and came back into the house and fired a shot in their direction. She was in the wrong here. I still feel it was excessive penalty. She was allowed to plead to lesser charge and maybe serve no time but she was adamant she could pull the stand your ground off. She was wrong and the jury convicted her. The problem was when she was convicted the judge had no choice but to give her the mandatory sentence.

You got the story all wrong, buddy. Did you make that up all by yourself or what?

According to a sworn deposition taken in November 2010, Gray, 36, said that on August 1, 2010, he and Alexander began fighting after he found text messages to Alexander's first husband on her phone. The two were already estranged - according to her father, Alexander had been living at her mother's since the birth of the couple's daughter nine days earlier, and Gray, a long-haul trucker, said he spent the night before in his tractor-trailer. Gray began calling her names, saying "If I can't have you, nobody going to have you," and blocking her from exiting the bathroom.

Alexander pushed past Gray and went into the garage where she got her gun from her car's glove compartment.

Gray told prosecutors in the deposition that Alexander came back into the house holding the weapon and told him to leave. He refused, and what happened next is somewhat unclear. In his deposition, Gray said "she shot in the air one time," prompting him and the children to run out the front door. But when Gray called 911 the day of the incident, he said "she aimed the gun at us and she shot."

Edited November 30, 2013 by Mr. Big Dog

[GandD 5,966]

screw that. she's a violent felon

Well done sir.