Florida mother sentenced to 20 years
Posted: Jul 16, 2013
...against her allegedly abusive husband. Inside her home. She must have felt quite threatened.
"Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regard to any extenuating or mitigating circumstances that may be present, such as those in this case."
The judge rejected a motion to grant her immunity under the "Stand your Ground" law. I guess fear of bodily harm is a slippery slope in the state of Florida.
The case was prosecuted by Angela Corey, the Florida State's Attorney who also prosecuted George Zimmerman. Corrine Brown, the Jacksonville congresswoman, told reporters after the sentencing that the case was a product of "institutional racism." "She was overcharged by the prosecutor. Period," Brown said. "She never should have been charged."
Interesting that the same State Attorney's office that hesitated to charge Zimmerman has been so successful sentencing this unfortunate woman.
http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing
http://www.cbsnews.com/8301-201_162-57433184/fla-mom-gets-20-years-for-firing-warning-shots/;
Florida is MESSED UP! - Her husband's own words:
[ In Reply To ..]
"“The gun was never pointed at me,” Gray said. “She just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt.”"
She should have killed him, would have been - sm - XXX
[ In Reply To ..]
found not guilty....
I can't help but agree with you. - warning shots
[ In Reply To ..]
I would have preferred to post this on the politics board, as I think it speaks to bias on the part of the state attorney, but I'm not sure where this stuff is supposed to go anymore.
very different scenario - on this case
[ In Reply To ..]
You really can't compare it to the Zimmerman case at all. In this case, the woman's husband did indeed come into the house and she did indeed have a restraining order against him. HOWEVER, she apparently went out into the garage, got the gun, and then went back into the house and fired the warning shots. That takes all self defense out of it and makes it premeditated.
Also, she was offered a plea deal that would have given her only 3 years in prison and she declined it.
Was she horribly mistreated? Possibly. Probably.
The two cases are VERY different, though, and really shouldn't be compared.
So if I'm in my house and someone comes in threatening - my life (sm)
[ In Reply To ..]
If my gun isn't in a holster on my body, if I have to retrieve my gun from some place other than on my person to defend myself, that is premeditated?
I know it's not your argument, but that rationale in this woman's case makes no sense.
that is apparently the way the law in Fla reads - apparently because
[ In Reply To ..]
she technically left the house and went to the garage to get the gun. I'm interpreting here, and there's a lot that I don't know about the case.
I think the reasoning is if she was able to get into the garage to get the gun, then she should have been able to get away from him completely.
It doesn't make it right. The other thing that is really bad is the mandatory sentencing laws that Fla has which is why she got 20 years. There was no way for the judge to allow for extenuating circumstances and I got the impression that he wanted to, but his hands were tied.
My brother has a concealed carry license and, yes, he walks around his house armed, having had his house robbed before. It's something I think about.
I guess you missed this part - sm
[ In Reply To ..]
"She said she escaped and ran to the garage, intending to drive away. But, she said, *she forgot her keys*, so she picked up her gun and went back into the house. She said her husband threatened to kill her, so she fired one shot."
No, I didn't miss that part - According to Fla law, it did not matter
[ In Reply To ..]
Look, I'm not defending the people who are putting this woman behind bars for 20 years. It's messed up.
The way the law reads, though, is what is causing this. This is a VERY different scenario from George Zimmerman and the two cases need to not be compared. It's comparing apples to oranges.
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