Marissa Alexander has been denied the ability to use Florida’s controversial Stand Your Ground defense for a second time in court. Circuit Judge James H. Daniel denied her request for a new hearing on the basis that warning shots “cannot be applied retroactively” to the new June revision. Judge Daniel stated that the basis of Alexander’s claim and Gray’s claim did not change in the new evidence presented.
Alexander, an African-American, was previously sentenced to 20 years in prison for firing what she said was a warning shot near her abusive husband Rico Gray and his two sons in 2012. That ruling fell under the guidelines of Florida’s “10-20-Life” law, which requires a minimum ten year sentence for a crime committed with a gun. She was previously denied immunity in the first case when Judge Daniel found “insufficient evidence that [Alexander] reasonably believed deadly force was needed to prevent death or great bodily harm to herself. ”
The Stand Your Ground law was previously used as a defense in the trial against George Zimmerman for the murder of Trayvon Martin. Angela Corey oversaw that trial, who defended the sentencing in the Alexander case. “…one of the reasons is because the bullet went through the wall where one of the children was standing. It happened to deflect up into the ceiling, but if it had deflected down it could have hit one of the children,” Corey said at the time.
Supporters of Alexander have started the Free Marissa Now campaign and condemned Corey for trying to prove a point with Alexander’s case to shield herself from the mishandling of the Zimmerman trial and shooter of Jordan Davis.
Marissa Alexander is currently out on bond until her new trial starts July 28. She may face up to 60 years if convicted.
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