TTAG Commentator Archie J writes:
While trolling the Huffington Post webpage I came across an article about Marissa Alexander, an AA woman (and mother) who defended herself against an abusive ex husband. Before the incident, Ms. Alexander filed for a restraining order. When Ms. Alexander became pregnant she chose to revoke the order. From the article and (other research) it appears that her husband started fighting with her in the home and chased her around. Fearing for her life, Marissa ran into her garage but forgot her truck keys in the process. She tried to operate the garage door in her home but it was jammed . . .
At this point the Florida Concealed Carry Permit holder retrieved a handgun and discharged a round into the ceiling to stop her charging husband. The husband fled the house. Nobody was shot. Nobody died. The husband admitted that “The gun was never actually pointed at me. When she raised the gun down and raised it up, you know, the gun was never pointed at me.” [Click here to read Gray’s deposition at ideas.time.com]
Alexander rejected a plea deal and went to trial. She was convicted of aggravated assault with a deadly weapon with no intent to harm; a sentence which carries a 20-year minimum sentence in Florida.
In an incredibly bizarre twist of fate the judge denied her protection from Stand Your Ground (SYG), stating that “The defendant had split seconds to decide if she was in fear for her life, and ultimately the judge found that there were other things she could have done like leave the residence through a front door or a back door.”
Luckily it appears that Ms. Alexander is getting a retrial.
TTAG, the NRA, every supporter of 2A and SYG laws, and anyone who is against domestic abuse should come out in support of Marissa Alexander. There have been several articles (like this one at downtownjax.firstcoastnews.com) about how minority people need 2A protections as much as, if not more than, the typical OFWG (Old Fat White Guy) who loves and carries guns.
Although there are always intricacies in any legal case, this seems to be a clear example where Florida’s Stand Your Ground law should apply.