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Wednesday, April 25, 2012
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Tuesday, April 24, 2012
Alexander Case Shows Need to Reform 10-20-Life Law
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For Immediate Release
Date: April 24, 2012
Contact: Monica Pratt Raffanel, media@famm.org
WASHINGTON, D.C. -- FAMM (Families Against Mandatory Minimums) President Julie Stewart today called on Florida lawmakers to repeal the state’s “10-20-Life” automatic prison sentence for assault with a deadly weapon without intent to kill. The call comes as Marissa Alexander, a 31-year-old mother of three, prepares to be sentenced for a 2010 incident in which she fired a gun into the ceiling of her house to persuade her abusive husband to leave.
“A lot of attention has been paid to Florida’s ‘Stand Your Ground’ law and far too little to the state’s extreme, one-size-fits-all sentencing laws,” Ms. Stewart said. “Less than three years ago, Orville Lee Wollard, a lawful gun owner, fired a warning shot in his home to chase off a young man who had been abusing his teenage daughter. After Wollard rejected a plea deal and a jury rejected Wollard’s self-defense claim, a Florida judge was forced by the state’s mandatory minimum sentencing law for assault to send Wollard to prison for 20 years. Mr. Wollard’s judge stated that he thought the sentence was excessive, but said his hands were tied.
“In the coming weeks, Marissa Alexander, who was also found guilty of assault with a deadly weapon, will likely be sentenced to the same 20-year mandatory minimum prison term. While reasonable people can disagree on whether Mr. Wollard or Ms. Alexander deserve any prison time for their conduct, no one can honestly believe that these were the types of cases the legislature had in mind when it passed the 10-20-Life automatic gun sentence,” Stewart said.
According to press reports and court records, Ms. Alexander’s husband, Rico Gray, abused her on more than one occasion before the incident that led to her conviction. Mr. Gray described one incident of abuse in a deposition, saying, “And the third incident (with Alexander) we was staying together and I pushed her back and she fell in the bathtub and hit her head and I-- you know, by the time I ran downstairs and got in my car to leave, you know, that's the time I went to jail, the police picked me up down the street.”
In that same deposition, Mr. Gray admitted that he threatened his wife’s safety on the day she fired the gun into the ceiling. He also admitted that Ms. Alexander never aimed her gun at him (or his two children who were also present). According to Mr. Gray, after she told him to leave her house and he refused, she discharged the gun into the ceiling and no one was hurt. He later called the police and told them what had happened. Ms. Alexander was arrested and charged with three counts of aggravated assault (one count related to her husband, and two more for her stepsons). Ms. Alexander strongly maintains her innocence.
Greg Newburn, director of FAMM’s Florida project, said, “Based on everything we have heard to this point, we believe that sending Marissa Alexander to prison for 20 years would be a tremendous injustice and a colossal waste of Florida taxpayers’ hard-earned money.
“This is not an issue about race – it’s about individualized justice. Ms. Alexander is black, but Orville Lee Wollard is white. Rather, this is another, powerful example of how inflexible sentencing laws prevent courts from considering highly relevant circumstances, such as whether the offender is a hardened criminal or a first-time offender and whether someone was motivated by malice or genuine fear,” said Newburn.
For more information on Marissa Alexander’s case, see news articles in the Florida Times-Union, International Business Times, and Loop 21.
For more information on Orville Lee Wollard’s case, see his profile and an op-ed by Ms. Stewart that appeared in The Washington Times. For another case involving an excessive sentence imposed under the 10-20-life mandatory gun law, see FAMM’s profile of Erik Weyant.
Date: April 24, 2012
Contact: Monica Pratt Raffanel, media@famm.org
WASHINGTON, D.C. -- FAMM (Families Against Mandatory Minimums) President Julie Stewart today called on Florida lawmakers to repeal the state’s “10-20-Life” automatic prison sentence for assault with a deadly weapon without intent to kill. The call comes as Marissa Alexander, a 31-year-old mother of three, prepares to be sentenced for a 2010 incident in which she fired a gun into the ceiling of her house to persuade her abusive husband to leave.
“A lot of attention has been paid to Florida’s ‘Stand Your Ground’ law and far too little to the state’s extreme, one-size-fits-all sentencing laws,” Ms. Stewart said. “Less than three years ago, Orville Lee Wollard, a lawful gun owner, fired a warning shot in his home to chase off a young man who had been abusing his teenage daughter. After Wollard rejected a plea deal and a jury rejected Wollard’s self-defense claim, a Florida judge was forced by the state’s mandatory minimum sentencing law for assault to send Wollard to prison for 20 years. Mr. Wollard’s judge stated that he thought the sentence was excessive, but said his hands were tied.
“In the coming weeks, Marissa Alexander, who was also found guilty of assault with a deadly weapon, will likely be sentenced to the same 20-year mandatory minimum prison term. While reasonable people can disagree on whether Mr. Wollard or Ms. Alexander deserve any prison time for their conduct, no one can honestly believe that these were the types of cases the legislature had in mind when it passed the 10-20-Life automatic gun sentence,” Stewart said.
According to press reports and court records, Ms. Alexander’s husband, Rico Gray, abused her on more than one occasion before the incident that led to her conviction. Mr. Gray described one incident of abuse in a deposition, saying, “And the third incident (with Alexander) we was staying together and I pushed her back and she fell in the bathtub and hit her head and I-- you know, by the time I ran downstairs and got in my car to leave, you know, that's the time I went to jail, the police picked me up down the street.”
In that same deposition, Mr. Gray admitted that he threatened his wife’s safety on the day she fired the gun into the ceiling. He also admitted that Ms. Alexander never aimed her gun at him (or his two children who were also present). According to Mr. Gray, after she told him to leave her house and he refused, she discharged the gun into the ceiling and no one was hurt. He later called the police and told them what had happened. Ms. Alexander was arrested and charged with three counts of aggravated assault (one count related to her husband, and two more for her stepsons). Ms. Alexander strongly maintains her innocence.
Greg Newburn, director of FAMM’s Florida project, said, “Based on everything we have heard to this point, we believe that sending Marissa Alexander to prison for 20 years would be a tremendous injustice and a colossal waste of Florida taxpayers’ hard-earned money.
“This is not an issue about race – it’s about individualized justice. Ms. Alexander is black, but Orville Lee Wollard is white. Rather, this is another, powerful example of how inflexible sentencing laws prevent courts from considering highly relevant circumstances, such as whether the offender is a hardened criminal or a first-time offender and whether someone was motivated by malice or genuine fear,” said Newburn.
For more information on Marissa Alexander’s case, see news articles in the Florida Times-Union, International Business Times, and Loop 21.
For more information on Orville Lee Wollard’s case, see his profile and an op-ed by Ms. Stewart that appeared in The Washington Times. For another case involving an excessive sentence imposed under the 10-20-life mandatory gun law, see FAMM’s profile of Erik Weyant.
Wednesday, April 18, 2012
Saturday, April 14, 2012
In The State Of Florida - Marissa Alexander Had A Gun Permit, Stood Her Ground, Did Not Shoot Or Kill Anyone and Faces 20 Years In Prison
Lincoln B. Alexander Jr on behalf of Marissa Alexander
Case No: 2010-CF-8579
Division: CR-G
April 3, 2012
Dear Supporters:
On August 1 2010, my premature baby girl, born nine days earlier, was in the Baptist South N.I.C.U. fighting for her life and I would too be fighting for my life in my own home against an attack from my husband.
My name is Marissa Alexander, I am a mother of three children, but at the present time, I am not able to be with them due to the following circumstances. I am currently sitting in the Pretrial Detention Facility in Jacksonville FL, Duval County awaiting a sentence for three counts of aggravated assault with a deadly weapon with no intent to harm. Before my life changed drastically on that August afternoon, I was in the perilous position of leaving an abusive relationship with my husband who has history of violence and documented domestic abuse towards women. Our history included one which required me to place an injunction for protection against violence and was active during the month of August 2010.
In an unprovoked jealous rage, my husband violently confronted me while using the restroom. He assaulted me, shoving, strangling and holding me against my will, preventing me from fleeing all while I begged for him to leave. After a minute or two of trying to escape, I was able to make it to the garage where my truck was parked, but in my haste to leave I realized my keys were missing. I tried to open the garage but there was a mechanical failure. I was unable to leave, trapped in the dark with no way out. For protection against further assault I retrieved my weapon; which is registered and I have a concealed weapon permit. Trapped, no phone, I entered back into my home to either leave through another exit or obtain my cell phone.
He and my two stepsons were supposed to be exiting the house thru the front door, but he didn’t leave. Instead he came into the kitchen that leads to the garage and realized I was unable to leave. Instead of leaving thru the front door where his vehicle was parked outside of the garage, he came into the kitchen by himself. I was terrified from the first encounter and feared he came to do as he had threatened. The weapon was in my right hand down by my side and he yelled, “Bitch I will kill you!”, and charged toward me. In fear and desperate attempt, I lifted my weapon up, turned away and discharged a single shot in the wall up in the ceiling. As I stood my ground it prevented him from doing what he threatened and he ran out of the home. Outside of the home, he contacted the police and falsely reported that I shot at him and his sons. The police arrived and I was taken into custody.
I was devastated and would continue to be for months following the incident. I had to appear in court all the way up until trial as I plead not guilty and know that I acted in self-defense. I believe my actions saved my life or prevented further harm, but preserved that of my husband who was completely irrational, extremely violent, and unpredictable that day.
Florida has a self-defense law and it includes the right to stand your ground. Below are the facts of my concern with the incorrect way the law was applied and ultimately the injustice in my case.
· The alleged victim, my husband, under sworn statement in November 2010, admitted he was the aggressor, threatened my life and was so enraged he didn’t know what he would do.
· The alleged victim, my husband, was arrested for domestic violence two times, once for abuse against me. The attack against me was so violent; I ended up in the hospital.
· Prior to my arrest, I told the office I was in fear for my life due to the prior violence against me. I also told the officer there was a domestic injunction in place to protect me against abuse from the alleged victim. This information was written in detail by the officer in my arrest report, but ignored for some unknown reason.
· In July of 2011, a hearing was held, where I along with the alleged victims testified as it relates to the stand your ground law and its immunity from prosecution.
· After the hearing, Judge Elizabeth Senterfitt denied my motion, citing that I could have exited the house thru the master bedroom window, front door, and/or sliding glass back door. The law specifically states: No duty to retreat.
· My attorney entered a standing objection on the record to the ruling and we proceeded to trial.
· During that time, Angela Corey, our State Attorney met with the alleged victims. I also along with my attorney met with Angela Corey, John Guy, and then prosecutor Christen Luikart. I justified my actions to them and the truth as I have told it has remained the same.
· Knowing our prior domestic abuse history, Angela Corey was hard pressed for the minimum mandatory, which provisions allow for prosecution to wave those stipulations. I was not guilty, nor did I believe that was fair and just under the circumstances. She also allowed for those same provisions in the State vs. Vonda Parker, same charges different circumstances which did not include self-defense.
· Florida uses a law commonly known as 10-20-life as a sentencing guideline when a felony takes place with the use of a weapon. Under this statute, my felony charge of aggravated assault with a deadly weapon without intent to harm carries a twenty year mandatory sentence.
· Stand your ground law has been applied in multiple recent incidents, the following is just a couple of incidents. Carl Kroppman Jr was allowed to use this law to avoid being arrested/charged during a road rage incident on the Buckman Bridge in Jacksonville, FL in August of 2011. Marqualle Woolbright of Ocala, FL avoided murder charges due to the stand your ground law when he shoot and killed someone.
I am a law abiding citizen and I take great pride in my liberty, rights, and privileges as one. I have vehemently proclaimed my innocence and my actions that day. The enigma I face since that fateful day I was charged through trial, does the law cover and apply to me too?
A step further and more importantly is in light of recent news, is justice for all include everyone, regardless of gender, race or aristocratic dichotomies. I simply want my story heard, reviewed and the egregious way in which my case was handled from start to finish serve as an eye opener for all and especially those responsible for upholding judicial affairs.
The threat that day was very real, imminent, and the battery on me occurred minutes before the decision I made to protect myself. That decision was a last resort, necessary and a reaction to the continued threat on my life. I am a believer that grace allowed for my response to be carried out in a non-lethal manner. This prevented the imminent threat and harm a non-fatal tactic, but not against an unknown attacker, rather my very own husband. That was by far the most difficult position to be in nine days after giving birth to a six week premature infant. My heart goes out for my two stepsons and always has had a hurt and sincere empathy for them being subjected innocently to that trauma.
The law states that I was justified in standing my ground and meeting force with force up to including deadly force, but political views and concerns states otherwise in the 4th circuit court.
So my last questions and valid concerns are what was I supposed to do that day and the stand your ground law who is it for?
Sincerely,
Lincoln B. Alexander Jr on behalf of Marissa Alexander
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