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(Salon)   Woman sentenced to 20 years for firing harmless warning shot to ward off abusive husband gets new trial... where prosecutor will ask for 60 years instead of 20   (salon.com) divider line 204
    More: Florida, warning shot, new trial, minimum sentence, Florida Times-Union, cruel and unusual punishment, reasonable doubt, life sentences, domestic violence  
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9579 clicks; posted to Main » on 03 Mar 2014 at 11:42 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-03-03 05:36:41 PM  
she should have just killed him. she'd be as free as george zimmerman.
 
2014-03-03 05:42:51 PM  
This case makes my head hurt.

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.


I'm going to go lie down for awhile.
 
2014-03-03 05:46:28 PM  

Rev.K: This case makes my head hurt.

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

I'm going to go lie down for awhile.


seriously, if you're in florida and you feel threatened by somebody and there are no witnesses, legally, it's much better to simply kill the person than to try to use nonlethal force to defend yourself.
 
2014-03-03 05:46:34 PM  
"It's unimaginable that a woman acting in self-defense, who injured no one, can be given what amounts to a life sentence," Free Marissa Now spokeswoman Helen Gilbert said in a statement on the proposed sentence. "This must send chills down the spine of every woman and everyone who cares about women and every woman in an abusive relationship."

True. True. But let's take gender out of the equation, shall we?:

"It's unimaginable that a woman person acting in self-defense, who injured no one, can be given what amounts to a life sentence," Free Marissa Now spokeswoman Helen Gilbert said in a statement on the proposed sentence. "This must send chills down the spine of every woman person and everyone who cares about women people and every woman person in an abusive relationship."

That's better.
 
2014-03-03 05:50:47 PM  

FlashHarry: seriously, if you're in florida and you feel threatened by somebody and there are no witnesses, legally, it's much better to simply kill the person than to try to use nonlethal force to defend yourself.


That certainly seems to be what recent judicial rulings have indicated.

Responsible Gun OwnershipTMin Florida basically amounts to "shoot first and ask questions later, if at all".
 
2014-03-03 06:05:34 PM  
Operating a firearm while black is a very serious crime, why don't they just go all in and ask for life without parole?
 
2014-03-03 06:08:01 PM  
ioneglobalgrind.files.wordpress.com
 
2014-03-03 08:32:23 PM  
This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?
 
2014-03-03 08:34:37 PM  
The warning part of "warning shot" should be a warning to posterity.

If you feel the need to kill someone dead and think a dozen people too dumb to get out of jury duty will agree with your logic, then it's probably a good idea to kill them. (unless you're insane, but for 99.999% of people you'd be amazed at how often they don't think killing other people is a good idea or at least reasonable enough to pass a jury.) But bullets don't have a half speed. Firing a "warning shot" and a "kill shot" is actually the same act. Warning shots should be punished.

On the other hand, mandatory sentencing requirements and jail as punishment are both bullshiat. Jail is supposed to hold you till trial and/or up till the punishment. The punishment itself is supposed to be, well, a punishment. Warehousing people in cells for decades just ruins them and slowly tears the fabric of society.

What should happen is a drill seargent like R L Ermey comes in, ties her up to a chair, and makes her watch some horrible graphic accidental gunshot wounds videos then spends the next few weeks teaching her about the proper way to handle a firearm to the nth. When this is complete, she does the hardest qualification test ever followed by a mandatory sentence of community service as a firearms instructor, which shouldn't be too hard as she'll know more than a newly minted cop or marine by that point. 20, now 60 years in jail!? fark you, DA. And fark you too, FL
 
2014-03-03 08:53:54 PM  

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.


Not for lack of trying - it's the same prosecutor.
 
2014-03-03 09:12:51 PM  

Lsherm: FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

Not for lack of trying - it's the same prosecutor.


asking 60 years for firing a warning shot?   She should be brought before the bar's disciplinary committee for ethics violations
 
2014-03-03 09:21:23 PM  
the entire mandatory minimum thing is bullshiat, but plea that farker out. this girl needs to admit shes not an angel and broke the damn law and the prosecuter needs to give her a few years then everyone can call it a day.
 
2014-03-03 09:32:22 PM  

NickelP: the entire mandatory minimum thing is bullshiat, but plea that farker out. this girl needs to admit shes not an angel and broke the damn law and the prosecuter needs to give her a few years then everyone can call it a day.


That kind of logic and common sense has no place on the internet.
 
2014-03-03 09:32:58 PM  

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.


If George Zimmerman was a black woman.
 
2014-03-03 09:33:25 PM  

BravadoGT: Lsherm: FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

Not for lack of trying - it's the same prosecutor.

asking 60 years for firing a warning shot?   She should be brought before the bar's disciplinary committee for ethics violations


Most prosecutors should be, I think.  This is the same woman who botched the Zimmerman case and who now is apparently trying to show what happens if you question her judgement on previous cases.  It's petty revenge.

In terms of people who have outsize power in our judicial system, I'd put local sheriffs at the top, because they can single-handedly decide whether or not to get the ball rolling. I'd put prosecutors second, because once the ball is rolling, they will not let it stop, no matter how wrong they are.  See: Duke rape case as a shining example.  They usually have no incentive to admit when they are wrong, they frequently screw people over with settlements (over 90% of cases) just to get another notch, and they hardly ever let anything go.
 
2014-03-03 09:36:15 PM  

Fark It: This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?


citation please?
I looked and couldnt find anything about a judicial order ...
 
2014-03-03 09:37:45 PM  

Lsherm: Most prosecutors should be, I think.  This is the same woman who botched the Zimmerman case and who now is apparently trying to show what happens if you question her judgement on previous cases.  It's petty revenge.


http://en.wikipedia.org/wiki/Angela_Corey

and the dunn case and ...
well she is a GOP DA ....

my next guess is that she is running for senate or house ....
 
2014-03-03 09:45:16 PM  

Lsherm: They usually have no incentive to admit when they are wrong, they frequently screw people over with settlements (over 90% of cases) just to get another notch, and they hardly ever let anything go.


WORSE than no incentive, they are rewarded for guilty verdicts, not for justice.
By the time their farked up cases are resolved on appeal, they have already been rewarded or entrenched.

farking nightmare
 
vpb [TotalFark]
2014-03-03 10:06:49 PM  

Fark It: This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?


Yes, but it's still an absurd sentience.
 
2014-03-03 11:02:08 PM  

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.


No, she's black.
 
2014-03-03 11:49:10 PM  

FlashHarry: Rev.K: This case makes my head hurt.

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

I'm going to go lie down for awhile.

seriously, if you're in florida and you feel threatened by somebody and there are no witnesses, legally, it's much better to simply kill the person than to try to use nonlethal force to defend yourself.


Call me cynical, but I suspect that this defense doesn't work as well for black people.
 
2014-03-03 11:53:36 PM  

vpb: Fark It: This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?

Yes, but it's still an absurd sentience.


Yes.  I agree.
 
2014-03-03 11:54:29 PM  
12 Years a Slave won the oscars, we're even
 
2014-03-03 11:56:42 PM  
Submitter, how do you enjoy living your life as a compulsive liar with a headline like that?

Do you have lieabietes? Do you have to take some insulie?
 
2014-03-03 11:58:10 PM  

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.


She's black.
 
2014-03-03 11:59:02 PM  

FlashHarry: seriously, if you're in florida and you feel threatened by somebody and there are no witnesses, legally, it's much better to simply kill the person than to try to use nonlethal force to defend yourself.


I had a friend who learned exactly that in the gun training class he had to take in Massachusetts.  Basically they taught him that if you shoot to kill, then there's no other side of the story if it ever goes to court.
 
2014-03-03 11:59:06 PM  

darwinpolice: FlashHarry: Rev.K: This case makes my head hurt.

FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

I'm going to go lie down for awhile.

seriously, if you're in florida and you feel threatened by somebody and there are no witnesses, legally, it's much better to simply kill the person than to try to use nonlethal force to defend yourself.

Call me cynical, but I suspect that this defense doesn't work as well for black people.


I'd call you logical.
 
2014-03-03 11:59:59 PM  

doglover: . Firing a "warning shot" and a "kill shot" is actually the same act. Warning shots should be punished.


make up your mind
 
2014-03-04 12:02:28 AM  
Salon article + trolltastic headline = ???
 
2014-03-04 12:03:04 AM  
State Prosecutor trying to advance their own career?

Color me shocked
 
2014-03-04 12:05:05 AM  
Assumed she was black before I even clicked the link.  Stay classy Florida, I will never understand you.
 
2014-03-04 12:06:34 AM  
IIRC, didn't she turn down a few plea deals?
 
2014-03-04 12:06:38 AM  
America is about as appealing as traveling to Russia at this point. So much batshiat crazy shiat every day.
 
2014-03-04 12:06:58 AM  
The husband had left. She pursued him and fired at his back. That was not a warning shot, that was attempted murder.It was only her bad aim that prevented it from being murder.
 
2014-03-04 12:07:13 AM  

Fark It: This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?


I assume this is the same one, but I haven't, and don't intend to, read the article.
 
2014-03-04 12:07:21 AM  

organizmx: FlashHarry: she should have just killed him. she'd be as free as george zimmerman.

She's black.


Bullshiat.

The worst part about this is that she was farking told by the state and her public defender that stand your ground did not apply. She was told about Florida's 10-20-life mandatory sentencing laws would mean that she would be sentenced to 20 years for firing a firearm In the commission of a felony. The court offered her a deal that was something like 1 year of jail time and 3 years probation.

Marissa Alexander chose to roll the dice and insisted on the trial. The facts of the case were not in dispute and the fact that she did what the state said she did was a matter of record. She was found guilty by a jury in less than 20 minutes. There are other ps in Florida also serving 20 years in prison for firing a warning shot, among them a white male veteran.

Marissa Alexander has no one to blame but herself for her lengthy sentence.
 
2014-03-04 12:07:49 AM  
1) It was not her house, it was his house and she broke into it, hid inside and then 'surprised' him. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

2) It was a mutually abusive relationship, in fact she violated her bail conditions by beating him. (http://jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek -p ut-marissa-alexander-back-jail-violations-her-release )

3) He had a restraining order against her, she broke into the house anyways, then when they got into an argument, she went out into the garage where she hid her car, retrieved her gun and then fired it in his direction while her eyes were closed.  This was no warning shot, it was a missed shot in an attempted premeditated murder.

4) Like I said, it was not her house, she never lived there ever and the kids weren't hers either, they were his children from a previous relationship.

5) She could have simply left, the court called bullshiat on the garage door not opening when they found it worked just fine. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )
 
2014-03-04 12:07:54 AM  

Satanic_Hamster: IIRC, didn't she turn down a few plea deals?


Assuming it's the same case, yes.
 
2014-03-04 12:09:05 AM  

clancifer: [ioneglobalgrind.files.wordpress.com image 540x375]


Christ, Chaz Bono has really let itself go lately.
 
2014-03-04 12:09:14 AM  
This is the chick who was court ordered to stay away from her ex.

So she broke into his home and he told her to get out, but then she called the police on her phone, and left the phone on and said "I got something for you" leaves the premises, comes back with a gun and shoots into the wall in the same house where children are in the next room.

She should have taken the plea.
 
2014-03-04 12:11:32 AM  

ulairix: 1) It was not her house, it was his house and she broke into it, hid inside and then 'surprised' him. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

2) It was a mutually abusive relationship, in fact she violated her bail conditions by beating him. (http://jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek -p ut-marissa-alexander-back-jail-violations-her-release )

3) He had a restraining order against her, she broke into the house anyways, then when they got into an argument, she went out into the garage where she hid her car, retrieved her gun and then fired it in his direction while her eyes were closed.  This was no warning shot, it was a missed shot in an attempted premeditated murder.

4) Like I said, it was not her house, she never lived there ever and the kids weren't hers either, they were his children from a previous relationship.

5) She could have simply left, the court called bullshiat on the garage door not opening when they found it worked just fine. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )


1) that's racist
2) that's also racist
3) racism everywhere
4) white privilege
5) you're racist
 
2014-03-04 12:11:50 AM  
Is this the same case for a while ago where the woman in question drove to her abusive partner's house, picked a fight with him, went out to her car and retrieved a gun, returned in side to argue, then pulled said gun?  Because if it is, then I think we've already had the discussion of how she had multiply chances to make the right chose and leave, but decided to continue escalating the situation.
 
2014-03-04 12:12:15 AM  
Citizen jailed for exercising his 1st amendment rights in his own home? THIS IS AN OUT-


media.salon.com

oh, um, never mind I guess.
 
2014-03-04 12:15:00 AM  

ulairix: 1) It was not her house, it was his house and she broke into it, hid inside and then 'surprised' him. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

2) It was a mutually abusive relationship, in fact she violated her bail conditions by beating him. (http://jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek -p ut-marissa-alexander-back-jail-violations-her-release )

3) He had a restraining order against her, she broke into the house anyways, then when they got into an argument, she went out into the garage where she hid her car, retrieved her gun and then fired it in his direction while her eyes were closed.  This was no warning shot, it was a missed shot in an attempted premeditated murder.

4) Like I said, it was not her house, she never lived there ever and the kids weren't hers either, they were his children from a previous relationship.

5) She could have simply left, the court called bullshiat on the garage door not opening when they found it worked just fine. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )


don't let facts get in the way of people defending someone who is *INSERT MINORITY GROUP HERE* when they were clearly in the wrong.
 
2014-03-04 12:15:21 AM  

NickelP: the entire mandatory minimum thing is bullshiat, but plea that farker out. this girl needs to admit shes not an angel and broke the damn law and the prosecuter needs to give her a few years then everyone can call it a day.


She was offered a plea bargain that would have knocked it down to two years, she turned it down and went for a SYG defense, which was predictably shot down by the jury. she's in jail because she broke several laws, and she's doing twenty (and now facing sixty) because she's an idiot who ignored every bit of legal council she was given.
 
2014-03-04 12:16:24 AM  
A - Warning shots should be fired center of mass.  That way, if you miss and someone else downrange catches your bullet, you claim were acting in self-defense.  Blindly firing as a warning is wanton endangerment at best, reckless homicide at worst.

B - If this is the same woman as people are mentioning above, fark her.  She's earned this jail time with her bullshiat antics.
 
2014-03-04 12:17:01 AM  

Elegy: The court offered her a deal that was something like 1 year of jail time and 3 years probation.

Marissa Alexander chose to roll the dice and insisted on the trial.


Well, given the facts of the case, decision making clearly isn't her strong suit.
 
2014-03-04 12:17:29 AM  

vpb: Fark It: This is the woman who violated a judge's order to be at the house, went back into the garage to retrieve a weapon, and then fired blindly through a wall into a room where there were children?

Yes, but it's still an absurd sentience.


You mean like a talking dog?
 
2014-03-04 12:17:55 AM  

The_Original_Roxtar: ulairix: 1) It was not her house, it was his house and she broke into it, hid inside and then 'surprised' him. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

2) It was a mutually abusive relationship, in fact she violated her bail conditions by beating him. (http://jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek -p ut-marissa-alexander-back-jail-violations-her-release )

3) He had a restraining order against her, she broke into the house anyways, then when they got into an argument, she went out into the garage where she hid her car, retrieved her gun and then fired it in his direction while her eyes were closed.  This was no warning shot, it was a missed shot in an attempted premeditated murder.

4) Like I said, it was not her house, she never lived there ever and the kids weren't hers either, they were his children from a previous relationship.

5) She could have simply left, the court called bullshiat on the garage door not opening when they found it worked just fine. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

don't let facts get in the way of people defending someone who is *INSERT MINORITY GROUP HERE* when they were clearly in the wrong.


Don't let facts get in the way of people defending a responsible gun owner for exercising their 2nd ammendment rights.
 
2014-03-04 12:18:20 AM  

ulairix: 1) It was not her house, it was his house and she broke into it, hid inside and then 'surprised' him. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )

2) It was a mutually abusive relationship, in fact she violated her bail conditions by beating him. (http://jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek -p ut-marissa-alexander-back-jail-violations-her-release )

3) He had a restraining order against her, she broke into the house anyways, then when they got into an argument, she went out into the garage where she hid her car, retrieved her gun and then fired it in his direction while her eyes were closed.  This was no warning shot, it was a missed shot in an attempted premeditated murder.

4) Like I said, it was not her house, she never lived there ever and the kids weren't hers either, they were his children from a previous relationship.

5) She could have simply left, the court called bullshiat on the garage door not opening when they found it worked just fine. (http://www.scribd.com/doc/89763280/Order-Denying-Defendants-Motion-f or -Immunity-and-Motion-to-Dismiss )


Thread should have ended after a couple replies, congratulating you for this awesomeness.
 
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