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Fla. Prosecutor: The Truth About the Marissa Alexander (Fla. Warning Shot) Case

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Metaphoreus

This is semantics, and nothing more
Angela Corey, who by now should need no introduction, sent an e-mail to a handful of Florida legislators regarding the facts in the criminal case against Marissa Alexander. The Alexander case may be better known as the "warning shot" case out of Florida, having sparked outrage for her twenty-year sentence while George Zimmerman walked free.

A brief recap of the case: Alexander fired what she characterized as a "warning shot" at her abusive husband. She was tried, convicted, and sentenced to twenty years in prison under Florida's mandatory sentencing laws. Her conviction was then overturned on appeal, because the jury instructions mistakenly placed the burden of proof with respect to her claim of self-defense on her, rather than on the prosecution. (That is, the court said that Alexander had to prove she acted in self-defense, even though, in fact, the prosecution had to disprove it.) She now faces a new trial, at which she may face up to 60 years in jail.

Though we've had reason to doubt Alexander's story for several months now, Corey's email provides some additional evidence that I don't think has yet been made generally available. Here it is in (large) part (I've rehosted some of the images in case the State Attorney's Office reconsiders leaving them up):

The FACTS:

In August 2010, Marissa Alexander was arrested by the Jacksonville Sheriff’s Office (JSO) after she shot at her husband and two step-children (ages 10 and 13) in the couple’s Jacksonville home. It has been erroneously reported that Alexander fired a warning shot into the ceiling in order to escape her abusive husband. That information is inaccurate.

The facts of this case, from the actual trial testimony, are as follows: Alexander and her then-husband, Rico Gray, were living together in their home. The two had a verbal argument over text messages Gray found on his wife’s phone. The messages were to and from Alexander’s ex-husband, Lincoln Alexander. The verbal argument started in the couple’s bathroom and moved to the living room. Gray decided to leave the home during the verbal argument and told his children to put on their shoes and that it was time to go.

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In the process of Gray leaving the home, Alexander told her husband, “I’ve got something for your ass” and left the living room. Ms. Alexander then walked through the kitchen, through the laundry room, and then into the garage, where she retrieved her 9mm handgun from the glove compartment of her car. Ms. Alexander had ample time and opportunity to leave the home. (Rico Gray never left the living room area where he and his sons were about to exit via the front door.) Alexander then walked back through the laundry room and into the kitchen. When Gray saw her put a round in the chamber, he yelled “no” and tried to scoop his two boys under his arm to protect them, at which time she fired a shot into the wall, at head level – 5’8”, where Gray and his two sons were still standing. The bullet passed through the kitchen wall - bullet hole photo - exited the other side, and then entered the ceiling of the living room. Gray and his two sons then ran for their lives from their home and called 911 – Aug. 2010 call. Alexander then locked herself inside the home.


JSO SWAT officers were called and eventually convinced Alexander to come out of the house. Alexander was arrested for Aggravated Assault (3 counts). The presiding circuit judge later released her on bond with the condition that she have absolutely NO contact with the victim.

While Alexander was out on bond, she and Gray decided to get back together – photos from the fall of 2010. Gray was deposed during this time and created a story that he would have beaten Alexander that day had his kids not been inside the home. Gray later recanted the story and admitted he made it up because he thought it would keep Alexander out of jail. The State did not know they were actually living together until after the sentencing when Gray produced the above photos.

In December 2010, while out on bail for the shooting, Alexander went to Gray’s new home and beat him in the face – Gray’s injuries. Gray called 911 to report the crime – Dec. 2010 call and arrest report. A judge revoked Alexander’s bond because she violated the judge’s order. Alexander pled and was adjudicated guilty of the Domestic Battery she committed against Rico Gray in that case.


As to the shooting case, Alexander then requested a Stand Your Ground (SYG) hearing and tried to claim she shot the gun in order to save her life. She claimed she could not leave the home because the garage door was not working. In fact, police checked the garage door and found it to be in normal working order. The victims all testified at the SYG hearing as to the events as they related them on both the 911 call and to the first reporting officer. Ms. Alexander testified at the SYG hearing - the judge did not find her version to be the truth. The judge denied Ms. Alexander her immunity, finding that she shot in anger rather than fear – judge’s order.

...

At trial, one of the young victims testified, “I thought I was fixing to die” – trial transcript. Rico Gray also testified how Ms. Alexander, “Put a bullet in the chamber,” while he was standing in the living room – trial transcript. Ms. Alexander testified at the trial too. A judge, different from the judge presiding at the Stand Your Ground hearing, denied two motions for acquittal during the trial. The motions for acquittal were requested after the State’s case and then again after the defense’s case. A jury of her peers - black and white, male and female - convicted Alexander in twelve minutes on three counts of Aggravated Assault with Actual Discharge of a Firearm. Pursuant to Florida’s 10-20-Life law, once Alexander was convicted, her sentence was set at 20 years in prison per count. (The gun minimum mandatory sentences are designed to punish the inherently dangerous act of using and/or discharging the firearm and are not diminished when no injury results. E.g., in a robbery where items are taken at gunpoint and the firearm discharged, but no victim is struck by a bullet.)

(EDIT: Alexander's lawyers are seeking a new SYG hearing, and claim that the testimony of Gray's children is unreliable, as one has "recanted" and the other admitted to lying.)

I've created this thread not only for discussion, but also to attempt to balance the narrative regarding this case. Alexander's claims of self-defense--and of having fired a "warning shot"--have been readily accepted as true by many. Yet, as the evidence shows, there's reason to doubt that those claims are true. Still, of course, Alexander's conviction was overturned, and on a point that goes to the heart of her guilt or innocence. So, she is entitled to a presumption of innocence, and is entitled to force the state to prove her guilt beyond a reasonable doubt.

One thing I'll note at the outset is that it's odd that Corey sent an email like this regarding a pending criminal case, and posted all of the above-linked evidence openly online. It strikes me as unprofessional, at the very least, however much I do appreciate having that information at hand. (I've never been able to visualize the layout of the home, but now can, for instance.)
 

Verelios

Member
Of course the prosecution would act unprofessionally. Truth or not, posting relevant information that 'might' be true is a despicable practice.
 

KHarvey16

Member
It was clear to anyone who took the time to look into the details of this case, even before some of these new details were learned, that this was almost certainly not a case of self defense.
 

hwalker84

Member
It was clear to anyone who took the time to look into the details of this case, even before some of these new details were learned, that this was almost certainly not a case of self defense.

Yep. I remember the photo going around of Zimmerman and this woman. I remember saying thats fucked up let me research this case and the claims of this photo. After reading the details of this case I just shook my head.
 
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