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4/23 UPDATE: Marissa Alexander’s sentencing today has been postponed. The judge set another hearing for next Monday the 30th.
4/17 REPORT:
Should the ‘Stand Your Ground’ law have kept Marissa Alexander from being locked up?
Her friends and family say yes.
The 31-year-old Florida mother of three will soon be sentenced on three counts of aggravated battery for firing a gun near her husband and his two children, but not directly at them. No one was hurt.
Alexander and her supporters say she fired to prevent a beating at her husband’s hand, that she was a battered woman who’d already taken out a protective order against her husband.
They argue if “Stand Your Ground” allows you to defend yourself with no duty to retreat, then it certainly applies here.
My HLN producer and I are doing some digging on this and will be covering it in the coming days.
*pic courtesy FirstCoastNews
Each case is different. As far as domestic violence and this particular case, I would assume there are laws that would allow a defense foe a person who fears an assault by a domestic partner or family member. As for this young mother, the imminent fear of another violent beating would surely fall under the “stand your ground” defense, although I feel that particular law has some flaws and needs to be eradicated or changed.
Spotlight time sis! Keep it shinng. U r a blessing!
It would apply if she hadn’t shot near her kids. I think that was very irresponsible. If her kids had not been around then this would be a different story, We will see how it is played out. I think she should be charged with endangering the welfare of her children or something similar but that is IT!!! Just my opinion. Not trying to be mean. I hate domestic abuse. But she needs to be accountable for those children. It doesn’t matter that nobody was hurt, they could have been.
So it would have been better to let him beat her in front of her children?!
“Alexander and her supporters say she fired to prevent a beating at her husband’s hand, that she was a battered woman who’d already taken out a protective order against her husband.”
So if this is correct, there was an assault on her prior to this incident in addition to the protective order issues, I would assume she should be protected from prosecution. If I have the facts right, recently a Georgia man (?) in a ‘stand your ground’ situation is being held because the assailant had not ‘assaulted him’ prior to the shooting. I could have those facts wrong, but I think this was the legal question.
Apparently, there is a lot more to this story than the tiny blurb of a paragraph that this article presents. If the woman did, in fact, have a PPO, then the man had no right to be where he was at that time and she should have simply called the cops regarding his presence and the existing PPO. If he had not first attacked her, then “stand your ground” would have no bearing on the event. Merely verbalizing a threat does not warrant getting a gun and shooting (with children present). Perhaps she owned the gun, but was not licensed to carry/possess (which is a felony, btw). As a former victim of abuse working with woman, children and men in Domestic violence programs, I can easily attest to witnessing women abusing the DV laws by filing false claims to police simply to exact revenge on a man. The system is skewed towards protecting women over men, but there will always be cases of men being abused by women and taking the brunt of the legal system because of it. Again, I’m betting there is a lot more to this story than we have read.
Good evening Richelle!!! I think she did the right thing. She not only save herself and her kids, but she save his foolish self also. I can’t stand when people can’t see clear facts in front of them, everyone is alive the kids her and him Thanks to quick thinking and a warning shot. Now what kind of reward she’s receiving again??? (*$*)
I cannot believe they are charging her! I thought for sure she had killed the man wheni read the headline! Please!! This is craziness! When you are abused you are out of your right mind emotionally! I know!!! She made a misjudgment by her children being around but you tell me what you would do or how rational you could be if you were about to be beaten! This is frivolous!
What about the mental damage this man is causing his children? He obviously has never considered this when beating his wife previously. I was under the impression this situation is exactly why this law was enacted; to protect domestic abuse victims from prosecution for defending themselves. Perhaps all the good folks that have been marching and hollering for justice in the Martin case should include this young mother in their outrage as well.
I think that it’s kind of important to know how he came to be at the residence in the first place considering she had a restraining order on him.. But that being said, mandatory minimums are absolutely ridiculous. You’re telling me that you’re going to give this woman 20 years for saving her own life? I think that I would have hesitated to leave also considering that the children were there. I think that the video implied that they were HIS children (not hers?) but people are crazy and he could’ve easily turned his rage into a murder-suicide situation with the children. I think that it’s ridiculous that you cannot protect yourself in your own home in the state of Florida but somehow some people think that the stand your ground law applies to gunning down a teenager who’s armed with skittles and iced tea on the street.
Set this Woman FREE so she can take care of her children –and herself. If what I am reading and hearing about this case is the truth — She did NOTHING wrong. She did everything right. What world are we living in????
Are the women’s groups protesting this ? What about the. view tv show?
As a mother and a victim of DA– they keep saying she could leave– but how could a mother Leave her children??? This is absolutely ridiculous!!! This woman protected herself and kids!!!! She should have never even been arrested!!!
I think the only thing she should be charges with is child endangerment. If her children had not been around I would feel differently. Even though no one was hit one of the children could have been hit. Please think before you fire a gun in the direction of a child.
This is absurd!! I was in a 3 year abusive relationship and Everytime I defended myself I was afraid to go all out because of what this lady is going through. But if I could go back I woulda bought a gun for my protection!! Where’s the guy in all this? Why the heck is she getting threatened with years behind bars when he was provoking her to defend herself! This irritates me…the system sucks!
Speaking as a man, I would be grateful not to have a bullet in me. She did the right thing. Protecting life, limb and her children was formost and should always be first. I feel she should be found NOT guilty on all counts. Sometimes this justice system doesn’t know what the hell it’s doing.
Con’t:
If Fla. doesn’t see the big picture shame on them.
She did the right thing as for anyone else, would have done to protect yourself. This law was created for crooked justice anyway.We need to all pray for her freedom. God be with her. I dealt with abuse myself, and it is a terrible terrible situation to be in. Let us pull together to help our children to always treat their mate the way they want to be treated. And as adults, to be better and good examples. We all can do it. Let’s make the change. For once and for all.