UPDATE::Florida Woman Who Fired 'Warning Shot' Denied Self-Defense Hearing

Disappointing but understandable based on the "facts" of the case. The penalty still needs reduced and mandatory minimums must go,,,

A Florida judge has denied a "Stand Your Ground" self-defense hearing to a woman facing charges of aggravated assault after she says she fired a warning shot at her abusive husband.

Marissa Alexander, 33, had hoped the judge would take into account a new law legalizing warning shots signed last month by Florida Governor Rick Scott.

Duval County Circuit Court Judge James Daniel denied Alexander an evidentiary hearing seeking immunity from prosecution under the state's "Stand Your Ground" rule, a court clerk said on Monday. The ruling was issued on Friday.

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The new warning shot law was prompted by controversy over Alexander's conviction and sentencing in 2012 to 20 years in prison under the state's mandatory-minimum sentencing guidelines because she fired a gun at her abusive husband during an argument.

Florida Woman Who Fired 'Warning Shot' Denied Self-Defense Hearing

Florida Prosecutor Moves To Send Marissa Alexander Back To Prison (Updated) | ThinkProgress

Although this case is NOT as cut and dry as many people think. The mandatory minimum needs to be addressed as well as the domestic violence issue,,,

For more than a year, Marissa Alexander sat in a jail cell on a 20-year prison sentence for firing a bullet at the wall during an altercation with her abusive husband. Her case generated national outrage over the perverse outcomes of Stand Your Ground laws (she unsuccessfully invoked the defense) and mandatory minimum sentences (which applied to her case). Alexander was granted a new trial on appeal, and just before Thanksgiving, she was released to her family while she awaits the second round.

But now, prosecutor Angela Corey is trying to send her back to jail even before her trial, alleging she violated parole when she took trips to run errands and transport family members. Alexander’s lawyers say every trip was approved by her parole supervisors.

“No justification supports the state’s failure to include in its motion to modify and revoke bond the fact that every activity alleged to be a violation of bond had been approved by the agency charged with the responsibility of supervising Marissa Alexander’s bond,” Alexander’s lawyer Bruce Zimet wrote in his response motion. “Obviously, including those omitted facts would expose the frivolity of the state’s motion.”


Florida Prosecutor Moves To Send Marissa Alexander Back To Prison (Updated) | ThinkProgress