Florida woman sentenced to 20 years in controversial warning shot case

[joseephuss]

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/index.html

Florida woman sentenced to 20 years in controversial warning shot case
Saying he had no discretion under state law, a judge sentenced a Jacksonville, Florida, woman to 20 years in prison Friday for firing a warning shot in an effort to scare off her abusive husband.
Marissa Alexander unsuccessfully tried to use Florida's controversial "stand your ground" law to derail the prosecution, but a jury in March convicted her of aggravated assault after just 12 minutes of deliberation.

The case, which was prosecuted by the same state attorney who is handling the Trayvon Martin case, has gained the attention of civil rights leaders who say the African-American woman was persecuted because of her race.

After the sentencing, Rep. Corrine Brown confronted State Attorney Angela Corey in the hallway, accusing her of being overzealous, according to video from CNN affiliate WJXT.

"There is no justification for 20 years," Brown told Corey during an exchange frequently interrupted by onlookers. "All the community was asking for was mercy and justice," she said.

 

[iceberg]

i think 20 years for a warning shot, esp if there's a history of violence from the hubs, is far too excessive. i'm also sick and tired of the race card being played at every opportunity.

wanting to know more about this but any sentencing / jail time at all for a warning shot is just stupid, and i don't care what race she is.

 

[speedkilz88]

Probation would be a harsh sentence.

 

[Ren]

Who exactly was she assaulting firing a warning shot? Unless she fired the warning shot at him i don't see where the assault happened.

 

[iceberg]

after reading the article, stand your ground wouldn't apply from what little i know about it. she ran to the garage to drive away (leaving her kids behind, btw) and forgot her keys, so she picked up her gun and fired a shot into the wall (in the direction of her kids, btw) if she was in fear of her life then she shouldn't go back into the house.

now i *do* think 20 years is a bit much, but apparently there are minimum / standard sentences. she rejected a 3 year plea bargain and went for the jury trial. if this is what the law says, then the laws need to be "refined".

 

[CowboysLover1234]

after reading the article, stand your ground wouldn't apply from what little i know about it. she ran to the garage to drive away (leaving her kids behind, btw) and forgot her keys, so she picked up her gun and fired a shot into the wall (in the direction of her kids, btw) if she was in fear of her life then she shouldn't go back into the house.

now i *do* think 20 years is a bit much, but apparently there are minimum / standard sentences. she rejected a 3 year plea bargain and went for the jury trial. if this is what the law says, then the laws need to be "refined".

You may think I am stupid but she deserves that 20 year sentence for rejecting a 3 year plea bargain because I would have taken the 3 year plea bargain over 20 years in jail

 

[Gemini Dolly]

https://encrypted-tbn2.***NOT-ALLOWED***/images?q=tbn:ANd9GcRh72dN7QHbO0ZbLYnfVMec0As6u3uK9rruVZGph0AxRAWFVvmq

 

[RoyTheHammer]

20 years for firing a warning shot to ward off a grown man that's abusing you.. aquittal for a guy who starts a confrontation, then when he starts getting his arse beat by a 17 year old kid who he has 30 pounds on, shoots him.

Florida law is fantastic.

 

[Wheeltax]

This case is not comparable to the Zimmerman case.

Florida has a law that says any offense committed with a firearm automatically carries a 10 year sentence. If the firearm is discharged, it carries a 20 year minimum sentence. If these shots harm anyone, it carries a 25 year minimum sentence.

Alexander would, legally speaking, probably have been better off had she actually shot her husband instead of simply shooting near him. The state's authorities considered the shots - since they took place as her children were in the next room - reckless and have thus charged her with a crime. Since this alleged crime included discharge of a firearm, no matter what it is she's charged with, it carries a mandatory minimum sentence of 20 years.

I agree that this is stupid. However, it's not a race issue as many are using it to compare to George Zimmerman; this is a reason to fight against mandatory minimum sentences. The problem in this case is that the law has forcibly removed the ability for a judge and the court system to take something like this on a case by case basis.

 

[Manwiththeplan]

I think 20 years is ridiculous, but this isn't comparable to the Martin/Zimmerman trial

 

[Hoofbite]

20 years for firing a warning shot to ward off a grown man that's abusing you.. aquittal for a guy who starts a confrontation, then when he starts getting his arse beat by a 17 year old kid who he has 30 pounds on, shoots him.

Florida law is fantastic.

There's another story tied to this one. Some old dude caught his wife having sex with another man on the couch. Ran to the bedroom and grabbed his gun, killed the guy and claimed that he thought she was being raped. Pretty sure he was just acquitted.

 

[CowboysLover1234]

There's another story tied to this one. Some old dude caught his wife having sex with another man on the couch. Ran to the bedroom and grabbed his gun, killed the guy and claimed that he thought she was being raped. Pretty sure he was just acquitted.

That was justified

 

[Teren_Kanan]

That was justified

....

 

[joseephuss]

You may think I am stupid but she deserves that 20 year sentence for rejecting a 3 year plea bargain because I would have taken the 3 year plea bargain over 20 years in jail

You would take a guaranteed 3 year jail sentence over a chance you may be found not guilty? I guess it depends on what advice one is getting from an attorney and how well they can envision a case going. If they think there is no chance you win, then a 3 year sentence seems like a gift. If they truly believe they can win, then why take jail time when you can go free.

 

[Zordon]

i think 20 years for a warning shot, esp if there's a history of violence from the hubs, is far too excessive. i'm also sick and tired of the race card being played at every opportunity.

wanting to know more about this but any sentencing / jail time at all for a warning shot is just stupid, and i don't care what race she is.

played? you think this is fun for people to do? i know it's easier to ignore it but this is real life.

John McNeil:

On one fateful night in December of 2005, a black businessman named John McNeil got a call from his son that someone was “lurking” around the backyard. That person turned out to be white 19-year old Brian Epp, a hired contractor for McNeil who had past disagreements with McNeil’s son. When McNeil got home, he told Epp, who was weilding a box cutter, to leave the property several times. After Epp repeatedly refused, McNeil fired a warning shot, which caused Epp to run. As witnesses attest, McNeil then shot Epp in self-defense, killing him. A court rejected McNeil’s self-defense claim, sentencing him to life in prison — but McNeil was lucky; his case drew a ton of media attention, and with it, calls from powerful politicians and the NAACP to reconsider the case. After six years in jail, McNeil’s charge was reduced to manslaughter and he was let free — with many caveats: He must serve out 13 years of probation, during which time he cannot leave the state of North Carolina, and he must pay $75 a month as part of his probation. Unlike Zimmerman, he will be forced to carry the charge permanently on his criminal record. And more than anything else, McNeil can’t get those lost years back; while he was sitting in prison, his mother and wife died.

John White:

The case of John White is similar to the Trayvon Martin/ George Zimmerman story, but with racial roles reversed. In 2006, black 54-year-old John White shot dead white 17-year-old Daniel Cicciaro after an altercation at White’s home. White reported that Cicciaro and several other white teens showed up at his door looking to beat up his son. White greeted the group of boys at his driveway, holding a pistol. He reported that Ciccairo “lunged” for the gun, and it accidentally discharged, striking the teenager. When the case went to trial, White characterized the group of white teenagers as a “lynch mob” and insisted he was only trying to defend his family. The jury — made up of 12 people, 11 white and one black — found him guilty of manslaughter. He served just five months in jail before his sentence was commuted by then-New York Gov. David Paterson (D).

 

[Zordon]

if you don't think blacks are treated differently by this country's justice system, then I'm not sure what to tell you.

HOUSTON (FOX 26) -
Murder or self-defense? A jury will have to decide after a 23-year-old single mother was indicted on Tuesday afternoon following a case of road rage.

The incident happened back in September of last year. 23-year-old Crystal Scott fired her weapon at Johnathan Ables after a fender bender off FM 1960. Initially, police believed Scott acted in self-defense but a grand jury decided otherwise.

"Can you imagine a 23-year-old girl working every day and going to college raising a 7-year-old and now faced with murder," said Scott's attorney Letitia Quinones. She also mentioned Scott has been seeking counseling since the whole ordeal and in which she said, Johnathan Ables hit her vehicle from behind.

Like any law-abiding citizen, the single mother pulled over and called police but Quinones explains what happened next: "When Crystal pulled over into that gas station, he jumped out of his vehicle, he charged her vehicle, began beating on her vehicle, started screaming profanities at her and tried to open her door."

In fear of her life, Quinones said Scott, who is licensed to carry, fired her weapon, fatally shooting Ables. At the time, investigators found the 23-year-old acted in self -defense, but after presenting all evidence to a grand jury on Tuesday, the court found otherwise.

"Having a concealed handgun license is not a license to kill and if you believe you have immunity merely because you carry around a little piece of paper in your pocket, you're ultimately going to be called upon to answer for that in a Harris County criminal district courtroom," said Brian Wice, who represents the Ables family.

Wice wouldn't elaborate on what type of evidence was presented before the indictment was handed down, but it was enough to go from finding Scott acting in self-defense to a charge of murder.

Read more: Woman indicted with murder in road rage shooting case - Houston weather, traffic, news | FOX 26 | MyFoxHouston

 

[Kevinicus]

played? you think this is fun for people to do? i know it's easier to ignore it but this is real life.

John McNeil:

On one fateful night in December of 2005, a black businessman named John McNeil got a call from his son that someone was “lurking” around the backyard. That person turned out to be white 19-year old Brian Epp, a hired contractor for McNeil who had past disagreements with McNeil’s son. When McNeil got home, he told Epp, who was weilding a box cutter, to leave the property several times. After Epp repeatedly refused, McNeil fired a warning shot, which caused Epp to run. As witnesses attest, McNeil then shot Epp in self-defense, killing him. A court rejected McNeil’s self-defense claim, sentencing him to life in prison — but McNeil was lucky; his case drew a ton of media attention, and with it, calls from powerful politicians and the NAACP to reconsider the case. After six years in jail, McNeil’s charge was reduced to manslaughter and he was let free — with many caveats: He must serve out 13 years of probation, during which time he cannot leave the state of North Carolina, and he must pay $75 a month as part of his probation. Unlike Zimmerman, he will be forced to carry the charge permanently on his criminal record. And more than anything else, McNeil can’t get those lost years back; while he was sitting in prison, his mother and wife died.

John White:

The case of John White is similar to the Trayvon Martin/ George Zimmerman story, but with racial roles reversed. In 2006, black 54-year-old John White shot dead white 17-year-old Daniel Cicciaro after an altercation at White’s home. White reported that Cicciaro and several other white teens showed up at his door looking to beat up his son. White greeted the group of boys at his driveway, holding a pistol. He reported that Ciccairo “lunged” for the gun, and it accidentally discharged, striking the teenager. When the case went to trial, White characterized the group of white teenagers as a “lynch mob” and insisted he was only trying to defend his family. The jury — made up of 12 people, 11 white and one black — found him guilty of manslaughter. He served just five months in jail before his sentence was commuted by then-New York Gov. David Paterson (D).

I don't think any of your examples are good examples based on just the little information you provided yourself (the last one only talks of indictment). But just because it does happen sometimes, doesn't mean the race card has to be played EVERY time. That's what he was saying.

 

[iceberg]

20 years for firing a warning shot to ward off a grown man that's abusing you.. aquittal for a guy who starts a confrontation, then when he starts getting his arse beat by a 17 year old kid who he has 30 pounds on, shoots him.

Florida law is fantastic.

heh, some people just can't let it go.

i fully agree it's too much. but to tie it back to another case cause you're still upset about it? gets very very old.

 

[AbeBeta]

I don't think any of your examples are good examples based on just the little information you provided yourself (the last one only talks of indictment). But just because it does happen sometimes, doesn't mean the race card has to be played EVERY time. That's what he was saying.

You know what I get sick of? People jumping to the "you are playing the race card!" claim whenever anyone mentions that race might be a factor in decisions.

 

[5Stars]

I figured this topic of "race" would eventually come out. smh

(over and out)