Marissa Alexander case

Marissa Alexander case
Date August 1, 2010
Location Jacksonville, Florida, U.S.
Participants Marissa Alexander (accused)
Rico Gray (Alexander's husband)
Accused Marissa Alexander
Charges Aggravated assault with a deadly weapon (three counts)
Convictions Guilty

In May 2012, 31-year-old Marissa Alexander was prosecuted for aggravated assault with a lethal weapon and received a mandatory minimum sentence of 20 years in prison. Alexander said that she fired a warning shot after her husband attacked her and threatened to kill her on August 1, 2010, in Jacksonville, Florida.

Alexander was released on January 27, 2015, under a plea deal that capped her sentence to the three years she had already served.

The case has gained some public recognition because of comparisons made to the widely covered George Zimmerman case in Sanford, Florida, in which Zimmerman was prosecuted for the fatal shooting of Trayvon Martin. Both cases were prosecuted by Florida State Prosecutor Angela Corey, and in both cases, it was often suggested that Florida's "Stand Your Ground" law was implicated.

Incident

Alexander was in the home of her estranged husband Rico Gray, when Alexander stated that Gray threatened to kill her[1] via texts on Alexander's phone. Gray had previously abused Alexander, giving her reason to believe that her life was in danger.[2][3][4][5]

According to Alexander, she tried to escape through the garage, but the garage door would not open.[3] This account was confirmed by Gray in a sworn deposition,[4] although investigators found no problem with the door. According to all accounts, Alexander then retrieved her gun from her vehicle and went to the kitchen. Alexander fired a "warning shot" towards Gray and his children, which hit the wall near Gray at the height of his head, then deflected into the ceiling.[6][7] The single shot did not injure anyone.[8] According to one source, Alexander had fired the warning shot because of Florida's stand-your-ground law, a law that allows self-defense, such as lethal force, in life-threatening situations, but a warning shot was not legal at that time.[9]

Trials

Alexander, who had no previous criminal record or arrests, sought self-defense immunity prior to trial but was unsuccessful.[4] State Attorney Corey met with the defendant and offered her a three-year plea deal. Asserting that she acted in self-defense within the bounds of the law, Alexander rejected the offer and took her case to trial.[3] A jury convicted her in twelve minutes,[10] and because of the Florida 10-20-Life mandatory minimum statute, she was sentenced to 20 years in prison.[11] Alexander was also requested to stay away from Gray as part of a court order.[10]

On September 26, 2013, an appellate court ordered a new trial, finding that the jury instructions in Alexander's trial impermissibly shifted the burden of proof from the prosecution to the defense.[12][13] Alexander was released on bail on November 27, 2013[14] and required to stay under house arrest.[15] Corey announced that she intended to re-prosecute Alexander, this time aiming for three consecutive 20 year sentences, amounting to a mandatory 60-year sentence if Alexander is found guilty in a second trial.[16]

On January 27, 2015, Alexander was released from a Jacksonville jail under a plea deal that capped her sentence to the three years she had already served. She pleaded guilty to three counts of aggravated assault for firing a shot in the direction of her husband. She also agreed to serve two years of house arrest, wearing an ankle monitor. She will be allowed to work, attend classes and take her children to school and medical appointments. Her case helped to inspire a new state law permitting warning shots in some circumstances.[17]

Controversy regarding Angela Corey

Corey was criticized for her handling of the case by Democratic Florida Congresswoman Corrine Brown, who argued that Corey overcharged Alexander and the result of Alexander's case was a consequence of institutional racism.[18] Rev. Jesse Jackson, anti-domestic violence advocates, civil rights groups, and others also supported the call for Alexander's release from prison.[19] Several groups such as the National Organization for Women (NOW) and the national advocacy group Color of Change petitioned to ask for Corey's removal from this case.[20] NOW called for Corey to resign over the case, saying Corey was "misusing her office and endangering domestic violence survivors."[21] Color of Change stated that they would attempt to collect 100,000 signatures to remove Corey from the case.[20]

Corey has defended herself by saying that she believes Alexander fired the weapon out of anger and not fear, and that she endangered the lives of Gray's two children in the process. Corey said, "She discharged a gun to kill them."[22]

References

  1. ↑ MCJ Staff. "Marissa Alexander Faces Triple Sentence In Retrial Of 'Warning Shot' Case".
  2. ↑ Stacy, Mitchy. "Marissa Alexander Gets 20 Years for Firing Warning Shot".
  3. 1 2 3 Alexander, Marissa. "In The State Of Florida - Marissa Faces 20 Years In Prison". Stand Your Ground Marissa Alexander. Retrieved 24 August 2014.
  4. 1 2 3 Powers, Kirsten. "Prosecuted for Standing Her Ground". The Daily Beast. Retrieved 24 August 2014.
  5. ↑ Salzillo, Leslie. "5 More Women Accuse Marissa Alexander's Abusive Husband Of Brutal Abuse". The Daily Kos. Retrieved 29 May 2015.
  6. ↑ "Angela Corey lashes out at critics of Marissa Alexander prosecution". theGrio. Retrieved 11 March 2016.
  7. ↑ Kateel, Subhash. "4 Lies, Distortions and Inaccuracies made in the Marissa Alexander case". Let's Talk About It. Retrieved 24 August 2014.
  8. ↑ "Angela Corey lashes out at critics of Marissa Alexander prosecution". Thegrio.com. Retrieved 15 May 2012.
  9. ↑ Robles, Frances. "Sanford cops sought warrant to arrest George Zimmerman in Trayvon Martin shooting". Tampa Bay Times. Retrieved August 23, 2014.
  10. 1 2 HLN Staff. "Marissa Alexander: The REAL reason she's behind bars". HLNtv.com. Retrieved 11 March 2016.
  11. ↑ "Marissa Alexander Gets 20 Years For Firing Warning Shot". 2012-05-11. Retrieved 9 July 2013.
  12. ↑ http://media.graytvinc.com/documents/marissa+alexander+DCA+ruling.pdf
  13. ↑ Irin Carmon. "Marissa Alexander will get a new trial | MSNBC". Tv.msnbc.com. Retrieved 2014-01-16.
  14. ↑ Morgan Whitaker (2013-07-23). "Marissa Alexander released from jail for Thanksgiving". MSNBC. Retrieved 2014-01-16.
  15. ↑ "Florida woman given 20 years for firing warning shot won't return to jail ahead of new trial". Usnews.nbcnews.com. Retrieved 2014-01-16.
  16. ↑ Hannan, Larry. "Marissa Alexander's sentence could triple in 'warning-shot' case". The Florida Times Union. Retrieved 24 August 2014.
  17. ↑ Susan Cooper Eastman (27 January 2015). "Florida woman in 'warning shot' case released from jail". Reuters. Retrieved 11 March 2016.
  18. ↑ "20-year sentence for firing shot sparks outrage". News4Jax.
  19. ↑ Treen, Dana. "Jesse Jackson visits Marissa Alexander, discusses case with Angela Corey". jacksonville.com.
  20. 1 2 Nelson, Steven. "Marissa Alexander supporters urge governor to suspend Angela Corey". Retrieved 8 May 2014.
  21. ↑ NOW calls for Angela Corey to resign over Marissa Alexander case, Florida Times-Union, Mar 18, 2014
  22. ↑ Dahl, Julia. "Fla. woman Marissa Alexander gets 20 years for "warning shot": Did she stand her ground?". Retrieved 8 May 2014.
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