20 Years for Standing Her Ground
A Florida woman faces prison after firing a warning shot to scare off an abusive husband.
Jacob Sullum | May 2, 2012
“I got five baby mammas, and I put my hands on every last one of them except for one,” Rico Gray confessed during a November 2010 deposition. “The way I was with women…they had to walk on eggshells around me.” He recalled punching women in the face, shoving them, choking them, and tossing them out the door.
Yet somehow, after one of those women fired a warning shot into the ceiling of her Jacksonville, Florida, home to scare him away during yet another violent outburst, prosecutors managed to convince a jury that Gray was the victim. As a result, Marissa Alexander, a 31-year-old mother of three, faces 20 years in prison for standing her ground against an abusive husband.
Gray has been arrested twice for domestic battery, including an assault that sent Alexander to the hospital. In September 2009 Alexander obtained a protective order against Gray that was still in effect on August 1, 2010, when he flew into a jealous rage after discovering, while poking through her cellphone, that she had sent pictures of their newborn daughter to her first husband.
Alexander was in the master bathroom at the time, and Gray tried to force his way in. When she came out, he screamed and cursed at her while preventing her from leaving the bedroom. “I was like forcing her back with my body,” reported Gray, who is seven inches taller than Alexander and outweighs her by 100 pounds.
When Alexander managed to get by, she ran through the kitchen to the garage, where she says she realized she did not have the keys to her car, could not call for help because she had left her cellphone behind, and could not escape because the garage door was not working. Instead she grabbed her handgun from her car and headed back through the kitchen, where Gray confronted her again.
In his deposition Gray admitted he “had told her if she ever cheated on me I would kill her” and during the fight said, “If I can’t have you, nobody can.” He conceded he “was going towards her” when Alexander fired a single shot, high and to his right, that went through the kitchen wall and lodged in the ceiling of the living room. Finally he left, along with his two sons.
“The gun was never pointed at me,” Gray said. “She just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt.” If his sons hadn’t been in the house, Gray said, “I probably would have tried to take the gun from her,” and “I probably would have put my hand on her.”
But at the July 2011 hearing where Alexander argued that the charges against her should be dismissed because she had acted in self-defense, Gray—who immediately after the fight portrayed her as the aggressor, then said in his deposition three months later that he had lied out of anger—changed his story again, saying he had lied in his deposition to protect her. Circuit Judge Elizabeth Senterfittrejected Alexander’s motion to dismiss, saying she could have escaped through the front or back door instead of going to the garage.
Yet Florida’s self-defense law says “a person is justified in the use of deadly force and does not have a duty to retreat” if “he or she reasonably believes” it is necessary to prevent “imminent death or great bodily harm” or “the imminent commission of a forcible felony.” In 1999, furthermore, the Florida Supreme Court ruled that a woman attacked by her husband in the home they share has no duty to flee.
On March 16, after deliberating for 12 minutes, a jury convicted Alexander on three counts of aggravated assault with a deadly weapon. Although she injured no one, she faces a 20-year mandatory minimum sentence unless she can win a new trial.
If it was too TL;DR for you, this is the summary:
In her Florida home, a woman shot a warning bullet over her abusive husband’s head after he violated the protective order that she pressed against him and forced his way into her home in a jealous rage when he learned that she sent a picture of their newborn to her first husband.
This man has been convicted of extreme battery toward women, including punching them in the face, choking them, shoving them, and literally throwing them out of his house. Alexander, the woman in this story, was even put in the hospital after one of his outbursts.
When he forced his way into the house, he cornered her in the bedroom and threatened her with murder, claiming that “if he can’t have her, no one will”.
When she was able to get past him, she ran into the garage, realized she didn’t have her car keys, didn’t have her phone, and the garage door wasn’t working.
So, instead, she grabbed her handgun from within the car and confronted him, shooting a warning with the gun.
Because of this incident, this woman has been convicted with “three counts of assault with a deadly weapon” and faced the state’s minimum of 20 years in prison unless she can get a new trial.
Now, I know what you’re thinking - in a SANE world, this woman would be praised for her courage, standing up for life and her children after a history of abuse from this man.
LOL, NOT IN FLORIDA.
See, in a SANE world, this would be a black-and-white case of SELF-DEFENSE, just as she claimed, and even the “Stand Your Ground” law would protect her. (You know, the same damn law that protected Zimmerman when he shot and killed Trayvon Martin?)
Except “Judge Elizabeth Senterfitt rejected Alexander’s motion to dismiss, saying she could have escaped through the front or back door instead of going to the garage.”
Lol, that logic can be applied to everything!
“IT’S NOT RAPE BECAUSE YOU DIDN’T STRUGGLE/SCREAM LOUD ENOUGH.”
“IT’S NOT THEFT BECAUSE YOU WEREN’T HOME TO CATCH THEM STEALING.”
“IT’S NOT MURDER BECAUSE YOU DIDN’T FIGHT HARD ENOUGH.”
“IT’S NOT KIDNAPPING BECAUSE YOU DIDN’T TRY TO ESCAPE AT ANY GIVEN MOMENT.”
“IT’S NOT CHILD MOLESTATION BECAUSE THE PARENT WASN’T THERE TO KEEP AN EYE ON THEIR CHILD.”
“IT’S NOT DOMESTIC ABUSE IF YOU DON’T LEAVE IMMEDIATELY.”
This woman faces 20 years in prison because she fired her gun at the ceiling to WARN the man who ADMITS he’s violently abusive and has attacked her before … but Zimmerman was let off immediately after he INTENTIONALLY shot and MURDERED a teenager.
At least here in Texas, you are more than encouraged to shoot and kill anyone who threatens your life.
Source: lalibertarienne
“I got five baby mammas, and I put my hands on every last one of them except for one,” Rico Gray confessed during a November 2010 