A Re-Trial For Marissa

Major Kudos are to be extended to Marissa Alexander of Jacksonville, Florida who has been granted a new trial.  A mother of three, Ms. Alexander received a mandatory 20 years sentence for firing a warning shot to thwart her husband’s physical abuse during a domestic altercation.  Her case has been used extensively by critics of Florida’s “Stand Your Ground Laws” to demonstrate the ineffectiveness and frequent misuse along racial lines of these laws.

Marissa Alexander was denied the use of a
Floridian "Stand Your Ground" defense.  AP

On August 1, 2010, Alexander had secured restraining orders against her abusive husband, Rico Gray.  Although they had a child together nine days earlier, Alexander was determined to leave Gray. Believing he was gone, she returned to the home they had shared to retrieve the remainder of her clothes.

While at the house, Gray returns and an argument ensued. Rico becomes enraged and threatens to kill her.  Alexander said she feared for her life when she retrieved her legally owned handgun from the garage.  She turned to find Gray blocking her exit.  Although Gray saw the weapon he angrily approached Alexander.  She then fired a single warning shot which lodged in the ceiling.

Gray testified that he saw Alexander point the gun at him and looked away before she fired the shot. He claimed that she was the aggressor, and that he had begged her to put the weapon away.  Gray also proudly admits to have been physically abusive with the mothers of all his children.

The judge, who threw out Alexander's "stand your ground" self-defense claim, noted that she could have run out of the house to escape her husband.  Also the firing of the weapon inside the home could have struck one of the children in other parts of the house.  This sounds oddly like the judge, in this case, required Alexander to retreat rather than stand her ground.  A jury deliberated 12 minutes before convicting her.

Drawn to the attention of the nation in the wake of the killing of Trayvon Martin, Florida’s “Stand Your Ground” Laws have since been intensively scrutinized as well as the subject of public outrage and protest.   Ms. Alexander’s case rose to the forefront, first as she, like George Zimmerman, was prosecuted by State’s Attorney Angela Corey.   Secondly, although Ms. Alexander’s case appears specifically designed for Florida’s "Stand Your Ground" legislation, she was denied its use.

The overturning of this decision not only constitutes a possible victory for Ms. Alexander, it also gives hope to countless others Floridians disproportionately misrepresented.  Benjamin Jealous, president and CEO of the NAACP, called the ruling a "welcome development in a case that represents the double standards in our justice system."

"From the streets to the courthouse, race continues to influence the judicial process, and it certainly seemed to have played a role here," Jealous said in a statement issued by the historic civil rights organization.

Whatever the case may be, it seems either it’s time for Stand Your Ground to either go away or to be redefined and executed with equality for all.

I’m not hatin, I’m jus sayin…