I have mixed feelings about this:
Marissa Alexander, a Florida woman awaiting a new trial in a “stand your ground” case, was released from jail Wednesday night on a bond totaling $200,009 for three separate charges….In 2012, she was sentenced to 20 years in prison for firing what she says was a warning shot to scare off her allegedly abusive husband during a dispute. No one was hurt.
Alexander tried to use Florida’s “stand your ground” law, but the judge threw out her self-defense claim.
On one hand, its hard to claim “Self Defense” when you admit to firing a warning shot. Guns are deadly force implements, and discharging a weapon is a dangerous and potentially deadly act. Further you lose a LOT of credibility in a claim of immediate threat of serious bodily harm if you intentionally fire a gun not at your alleged attacker.
Still on the other hand I don’t think anything presented in this case expressly shows she was NOT in immediate danger when she fired.
What are your thoughts?
**UPDATE** Since this case is so old I’d forgotten many of the details listed by readers, also there were some details I wasn’t aware of. Read the links in the comments, this sounds like straight-up assault on Behalf of Ms. Alexander. Bad Justice tag added.
Thanks to all who refreshed me on the details.
Leaving and coming back with a gun when you have a clear escape route is not self defense.
http://legalinsurrection.com/2013/09/the-myth-of-marissa-alexanders-warning-shot/
I hadn’t read that. Thanks for sharing!
I wrote a blog post on this over the summer.
http://street-pharmacy.blogspot.com/2013/07/the-rest-of-story.html
Man, I had forgotten a lot of those details. Post updated!
Thanks!
I have a feeling, considering the facts brought to light, that she will be convicted again. I agree she deserved a new trial because I don’t think the judge should be telling her what defense she can and cannot use but I don’t expect a different result.