By: Sean Davis
In the wake of George Zimmerman’s acquittal on second-degree murder and manslaughter charges, many media outlets have focused their attention on Marissa Alexander,
an African-American woman in Florida who unsuccessfully asserted a
so-called “Stand Your Ground” defense in 2011 and is now serving a
prison sentence of 20 years on multiple accounts of aggravated assault
with a firearm. Although those media outlets, and many local politicians
like U.S. Rep. Corrine Brown (D-Fla.), have suggested that Marissa
Alexander got a raw deal compared to George Zimmerman, who was
acquitted, the actual facts in the two cases bear little resemblance.
At
first glance, the two cases share many superficial similarities.
Zimmerman, who is Hispanic, claimed self-defense after fatally shooting a
young African-American man who had punched him several times. After
firing what she says was a warning shot near the head of her abusive
husband, Alexander claimed she was only trying to protect herself from
another attack. In both cases, controversial state prosecutor Angela
Corey led the charge against the gun owners who claimed self defense.
And in both cases, professional race hustlers rushed to television
cameras to claim that race was a primary factor preventing justice from
being served.
“Why did Marissa Alexander get a 20-year sentence despite invoking ‘Stand Your Ground’?” MSNBC asked shortly after the Zimmerman verdict of not guilty was announced..
George Zimmerman, Marissa Alexander
“For Black People and Women, Very Little Ground Left to Stand On,” a Gawker headline blared on Sunday afternoon.
Screenshot of an MSNBC story comparing the Zimmerman and Alexander cases (July 14, 2013)
A
closer examination of the facts in Marissa Alexander’s case, however,
reveals why a judge rejected Alexander’s pre-trial “Stand Your Ground”
defense — a specific defense under Florida law that George Zimmerman
never asserted — and why a jury eventually convicted her on multiple
charges, resulting in a mandatory prison sentence of at least 20 years.
If Alexander’s case suggests a failure of the legal system to mete out
appropriate justice, then the problem lies with Florida’s mandatory
minimum sentencing requirements, not with the state’s self-defense laws.
After only 12 minutes of deliberation, a jury convicted Alexander on all three counts of aggravated assault.
FACTS OF THE ALEXANDER CASE
According to court documents,
on July 31, 2010, Alexander left her newborn child in the hospital days
after giving birth to visit the home of Rico Gray, her husband.
Although Gray and Alexander had just been married in May of 2010,
Alexander had not lived in Gray’s home for the two months prior to the
shooting. When Alexander arrived at the home, Gray was not there. She
parked her car in the garage, spent the night in the home, but did not
see Gray until he returned home the next morning with his two sons.
When
Gray returned, the family ate breakfast together without incident. The
trouble began when Alexander gave her phone to Gray so he could see
pictures of their newborn, who was still in the hospital. After giving
the phone to Gray, Alexander went to use the bathroom in the home’s
master bedroom. While looking at the pictures, Gray noticed text
messages between Alexander and her ex-husband, Lincoln Alexander, which
prompted Gray to confront Alexander about whether the baby was his or
Lincoln Alexander’s.
An argument then ensued between Gray and
Alexander, and Gray initially prevented Alexander from leaving the
bathroom during the altercation. Alexander eventually managed to get
around Gray to exit the bathroom.
Alexander’s actions following that moment are what differentiate her case from that of George Zimmerman.
After
Alexander exited the bathroom and re-entered the master bedroom, Gray
left the bedroom and headed to the living room where his sons were
located. At that point, Alexander left the master bedroom, passing Gray,
his two children, and the unobstructed front and back doors of the
house on her way to the garage. Once in the garage, she retrieved a
handgun from her vehicle’s glove box and then went back into the
kitchen, where she “pointed it in the direction of all three [v]ictims.”
Although Gray put his hands in the air, Alexander fired the gun,
“nearly missing [Gray's] head” and sending a bullet “through the kitchen
wall and into the ceiling in the living room.”
Gray and his sons fled the home and immediately called 911. Alexander stayed in the home and never called 911.
Many of Alexander’s defenders correctly note that Gray had a long history
of abusing Alexander and multiple other women. He had previously been
charged with domestic battery on at least three separate occasions,
including charges in 1994, 2006, and 2009. The 2009 incident against
Alexander sent her to the hospital with head injuries after he shoved her into a bathtub.
Court Record of Gray’s 2009 Domestic Battery Arrest
Alexander’s defenders also point to Gray’s eventual deposition as proof of Alexander’s claim of self defense. In that deposition, Gray said he had all but threatened to kill Alexander, that he knew she could not leave the home through the garage because it was broken, and that she never pointed the gun at him or his children. The problems with Gray’s testimony during his deposition, however, are two-fold.
PROBLEMS WITH RICO GRAY’S DEPOSITION
First,
his deposition severely conflicted with the account that he originally
gave police. Second, and more important, after swearing to the court
that she would have no contact with Gray, Alexander continued to have
contact with him. In her order dismissing Alexander’s request to avoid a
trial entirely based on the state’s “Stand Your Ground” law, Judge
Elizabeth A. Senterfitt noted that Alexander and Gray “discussed what
[Gray] should say during [his] deposition” on November 22, 2010.
Gray later admitted to lying in his deposition to protect Alexander.
Gray later admitted to lying in his deposition to protect Alexander.
“Gray said he lied during his deposition after conspiring with his wife in an effort to protect her,” CNN wrote in 2012
after Alexander was convicted and sentenced to 20 years in prison. “At
the hearing [on Alexander's motion for a retrial], [Gray] denied
threatening to kill his wife, adding, ‘I begged and pleaded for my life
when she had the gun.’”
ALEXANDER’S DOMESTIC BATTERY ARREST MONTHS AFTER THE SHOOTING
Further
complicating matters for Alexander, she was arrested for domestic
battery against Gray on December 30, 2010, while she was out on bail and
still awaiting trial on the aggravated assault charges stemming from
the August incident.
“The victim [Gray] stated that his estranged wife [Alexander] had come to his residence to drop off their child,” the incident report
prepared by the Jacksonville Sheriff’s Office noted. “[Gray] stated
that an argument ensued when he would not allow her to stay overnight at
his residence.” The police report noted that Gray’s left eye appeared
swollen and bloodied. Alexander fled the scene before police arrived.
When
the responding officer met with Alexander approximately an hour after
the incident, she initially claimed that “she did not know what this was
about and that she had an alibi.” Throughout the course of her
conversation with the officer, Alexander changed her story and
eventually claimed that while she had been at Gray’s house, he had
attacked her first with his fists after she wouldn’t stay for the night.
The officer wrote that Alexander had “no visible injuries.”
Alexander was arrested and bond was revoked on her prior charges of aggravated assault against Gray and his children. She entered a plea of no contest to the domestic battery charges on March 27, 2012.
Alexander was arrested and bond was revoked on her prior charges of aggravated assault against Gray and his children. She entered a plea of no contest to the domestic battery charges on March 27, 2012.
Marissa Alexander's December 2010 Arrest Report
Unlike
the Zimmerman case, in which he could clearly demonstrate a reasonable
fear that his life had been in danger based on the multiple bruises and
lacerations on his head and face, Alexander had no visible injuries.
While Florida law requires only a reasonable fear of severe bodily harm
rather than proof of actual physical harm, Alexander’s actions
immediately before and after she discharged her firearm call into
question her claim that she had no choice but to fire at Gray.
ALEXANDER’S DUBIOUS CLAIM OF SELF-DEFENSE
First,
although she had ample opportunity to exercise non-lethal options when
she claimed to believe her life was at risk — exiting through the front
door, back door, or garage — Alexander chose to remain in the home. She
later claimed that the garage door was broken, eliminating her ability
to leave when she initially entered the garage, but officers found no
evidence to suggest that it was not working.
Second, Alexander’s
claim that she fired only a warning shot, as opposed to firing at Gray
and merely missing, also rings somewhat hollow. Her claim that she fired
a warning shot, instead of a shot at center mass to stop the
aggressor’s attack, suggests that she did not believe that deadly force
was actually necessary.
Third, the fact that Alexander never
called the police after the incident also suggests that she did not
reasonably fear for her life. A victim of a near fatal attack would
almost certainly alert authorities so that they might apprehend the
attacker.
Fourth, the fact that Alexander voluntarily returned to
Gray’s home repeatedly after the incident — against explicit court
orders which Alexander promised to obey — also suggests that she may not
have actually feared for her life when she fired at Gray.
Fifth,
and finally, Alexander’s behavior before and after her arrest in
December of 2010 — while she was still awaiting trial for the previous
incident — also calls into question whether she actually believed the
use of deadly force was necessary to defend herself from Gray in August
of 2010. Alexander never called police (in both the August and December
encounters, it was Gray or his children who contacted the police) and
initially lied about even being present at Gray’s home.
Given
Alexander’s behavior and interactions with Gray in the months following
her initial arrest, it is not difficult to see why both a judge and a
jury may have been skeptical of her claim that the use of deadly force
was reasonable and that no other options were available.
But the
facts surrounding the Zimmerman and Alexander incidents are not the only
differences in the two cases. Even though numerous media outlets have
suggested that Alexander received unfair treatment under “Stand Your
Ground” compared to Zimmerman, Zimmerman never actually claimed a
defense under Florida’s “Stand Your Ground” law. This incorrect
comparison almost certainly comes from a misunderstanding of what the
Florida law actually does.
GEORGE ZIMMERMAN NEVER SOUGHT IMMUNITY UNDER “STAND YOUR GROUND”
The
law does not, as many have claimed, give individuals an unassailable
right to shoot first or an automatic “Get Out of Jail Free” card.
Instead, it is something of an extension of what’s known as the Castle
Doctrine, which gives individuals in many states the right to use deadly
force in their homes, cars, or places of business if they reasonably
believe it is the only way to protect themselves or others from serious
bodily harm or death. In most states, “Stand Your Ground” laws merely
extend that right to public places in which individuals have a lawful
right to be. In other words, the law gives people the right to defend
themselves or others with deadly force if they have no other non-lethal
options available, as opposed to requiring what is often referred to as a
“duty to retreat.”
“The Zimmerman case was never a ‘Stand Your Ground’ case,” self-defense attorney and author
Andrew Branca told Media Trackers. “If retreat is not possible — if
there is no reasonably safe avenue of retreat — then no ‘duty to
retreat’ exists.”
“‘Stand Your Ground’ was simply irrelevant” in the Zimmerman case, Branca concluded.
The
controversial Florida law also gives individuals involved in a deadly
shooting the opportunity to have charges dismissed, assuming they were
ever brought, and full civil and criminal immunity granted by a judge
before a trial even begins. It was this right to an immunity hearing
that Alexander exercised. In contrast, Zimmerman chose to forgo that
immunity hearing in favor of a full criminal trial.
The reason is
that the rules for for the hearing are quite different — and more
difficult for the defendant — than those of a criminal standard trial
where guilt must be proven beyond a reasonable doubt. In a standard
criminal trial, the defendant must be found “not guilty” if jurors have a
reasonable doubt as to his guilt. Innocence does not need to be proven;
all reasonable doubt must be eliminated to justify a conviction. A
“Stand Your Ground” hearing, however, requires defendants to
affirmatively prove to a judge, based on a “preponderance of evidence,”
that they acted in self defense. In laymen’s terms, the term
“preponderance of evidence” generally means “more likely than not.”
In
choosing to forgo a “Stand Your Grand” immunity hearing, Zimmerman’s
attorneys likely believed that Zimmerman had a better chance if the
prosecution had to prove guilt beyond a reasonable doubt to a jury of
his peers than if Zimmerman had to prove his innocence to a single
judge.
FLORIDA’S HARSH MANDATORY MINIMUM SENTENCING REQUIREMENTS
If
anything, Alexander’s case is an indictment of Florida’s mandatory
minimum sentencing requirements, not its self-defense laws. State
prosecutors initially offered Alexander a plea deal of three years in
prison. She rejected the deal. Upon conviction, she was sentenced to a
mandatory minimum of 20 years in prison. Under Florida law, often
referred to as “10-20-Life” for its tiered minimum sentencing
requirements, any person convicted of aggravated assault combined with
the discharge of a deadly weapon “shall be sentenced to a minimum term
of imprisonment of 20 years.”
In Alexander’s case, she might have
received a lesser sentence under Florida law if she had killed Gray and
been convicted of manslaughter rather than shooting at him and missing.
“The ’10-20-Life’ statutes exclude manslaughter from any minimum sentencing requirements,” a Florida prosecutor told
the Florida Times-Union in 2012. “That means if Alexander had actually
killed her husband or one of his sons and been found guilty of
manslaughter, she could have instead gotten as little as time served,”
the Florida paper noted.
Mandatory minimum sentencing laws have
been roundly criticized for removing the discretion of judges to set
sentences according to the specific circumstances of each case. Critics
say the laws neuter the ability of judges to set appropriate sentences,
while empowering government attorneys to act as both prosecutors and
judges.
Florida has some of the harshest mandatory sentencing
requirements in the country. In Bushnell, Florida, for example, a
37-year-old man with no criminal history who was addicted to pain
medication was sentenced to a minimum of 25 years in prison for possessing at least 28 grams of oxycodone. The judge in the case was even appalled by the sentence.
“I have to express my deep concern about this particular situation,” Judge Mark Speiser said. “This punishment does not fit the crime.”
While
it may be completely unjust for a domestic abuse victim who did not
actually injure anyone to spend two decades in prison, Alexander’s
predicament is completely unrelated to that of George Zimmerman. The
facts of the two cases could not be more different. Zimmerman was
acquitted by a jury of his peers, while Alexander was convicted after
only 12 minutes of jury deliberation. Media commentators should
familiarize themselves with the facts and laws specific to each case
before attempting to conflate the two to gin up ratings or readership.
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