It took nearly a year’s worth of violent physical abuse before Marissa Alexander decided to stand her ground against her husband.
On Aug. 1, 2010, her husband cornered her in their Jacksonville,
Fla., home.
Alexander said she ran to the garage to escape, but the
garage door was jammed, so Alexander grabbed a pistol.
Her husband, Rico
Gray, 36, saw the gun and threatened to kill her, Alexander would later
say in court documents.
Fearing for her life, she raised the pistol above her head and
squeezed the trigger, the crackle of gunfire pelting the kitchen
ceiling.
While the shooting may have gotten Alexander out of one jam, it put
her in another: She has been in a Florida jail since 2010 awaiting a
mandatory sentence of 20 years in prison for aggravated assault with a
deadly weapon.
The 31-year-old mother of three has said that she believes she had a
legal right to protect herself that day under Florida’s Stand Your
Ground law, which gives citizens expanded rights to use force when
threatened with bodily harm.
But moments after the shooting, Gray ran
outside and called police alleging that Alexander shot at him and his
two sons. Alexander was arrested and charged with three counts of
aggravated assault with a deadly weapon.
Gray later changed his story about the shooting. During a court
hearing to determine whether or not Alexander could be protected under
the Stand Your Ground Law, Gray said he'd lied during his earlier
deposition and that he "begged and pleaded for my life when she had the
gun."
A judge rejected Alexander’s Stand Your Ground defense, saying that
she could have escaped her attacker "through the front or back door,"
court records say.
The State Attorney’s Office offered her a plea deal
that would have sent her to prison for a few years, but she rejected it,
hoping to convince a jury that she was defending herself. It took a jury 12 minutes to find her guilty.
Under the state’s mandatory sentencing guidelines, Alexander faces a
20-year prison sentence with no chance of early release. She could be
sentenced as early as next week, but at 8:30 a.m.
Thursday, Alexander
will be in court for a pre-sentencing hearing, where her attorneys will
ask for a new trial.
"This is my life I'm fighting for," Alexander said in an interview with CNN.
"If you do everything to get on the right side of the law, and it is a
law that does not apply to you, where do you go from there?"
Alexander’s family and supporters said hers is a clear case of
self-defense, given Gray’s violent history of abuse and the
circumstances surrounding the incident. What exacerbates Alexander’s
case is Florida’s 10-20-Life statutes, they say.
In Florida, anyone who pulls a gun during a crime receives a
mandatory 10-year sentence.
Firing a gun during the commission of a
crime equals a mandatory 20-year sentence. Anyone convicted of shooting
and killing another person during a crime is sentenced to 25 to life in
prison.
Alexander, who did not have a criminal record before the shooting, was convicted of felony assault with a gun.
“Florida has some of the more draconian mandatory minimum laws in the
country,” said Greg Newburn, a spokesman for Families Against Minimum
Mandates, an organization that has worked to dismantle the state’s
mandatory sentencing laws.
“It’s the sentence that’s really the problem
in this case. You have a person who believes that she is protecting
herself and believes she is covered by state law. But the way the law is
written, it doesn’t provide for any kind of distinction for anyone that
acts out of malice and someone who act out of fear.”
Helena Jenkins, 26, Alexander’s younger sister, said the law that should have protected her has failed her.
Helena Jenkins, 26, Alexander’s younger sister, said the law that should have protected her has failed her.
“I feel like she is being punished
for doing the right thing,” Jenkins said. “I feel the law wasn’t upheld
from the beginning, it was like, no one looked at it as what it really
was.”
Alexander had given birth just nine days before the 2010 shooting.
The couple had been married three months, but since early in their
relationship, Gray had choked, pushed and beaten her, Alexander’s family
told HuffPost.
Gray was arrested a year prior to the shooting incident for an attack that put Alexander in the hospital.
Gray was arrested a year prior to the shooting incident for an attack that put Alexander in the hospital.
In a deposition after the incident, Gray said he had “laid hands” on nearly every girlfriend that he’s had.
That day in August, Gray became enraged when he went through
Alexander’s cell phone and found messages to her ex-husband, who
remained her close friend.
"I told her if she ever cheated on me, I
would kill her," Gray said in a deposition.
"If my kids weren't there, I knew I probably would have tried to take
the gun from her," he said of the shooting incident. "If my kids
wouldn't have been there, I probably would have put my hand on her."
"I got five baby-mamas and I put my hands on every last one of them except for one."
Gray and Alexander have joint custody of their now 2-year-old
daughter, but Jenkins said Gray doesn’t allow their side of the family
to see her.
Alexander’s ex-husband, Lincoln Alexander, said he and her family
will keep fighting the case until the very end. “I know she’s innocent,”
he said. “I’m not going to give up on her.”
If Alexander isn’t granted a new trial, she could be sentenced as
early as next week. Her family and friends are hoping for the best, but
preparing for the reality that Alexander could spend then next two
decades behind bars.
“It hurts,” said Helena Jenkins, Alexander’s sister. “It’s like,
having a piece of you torn away every time I think about her. My stomach
drops just knowing what kind of person she is and what she’s going
through.”
Jenkins said Alexander is her inspiration and her hero, having
graduated with her bachelor’s degree in computer network engineering and
later her MBA. But, when it came to love and loving Gray, she described
her sister as an “addict.”
She said didn’t know Alexander was being abused until Gray put her in
the hospital in 2009.
“She tried to stick through it with him and she
hoped that something different would turn about, but it ended so
tragically for Marissa,” Jenkins said.
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