Marissa Alexander Shows How Stand Your Ground Laws Fail Black Women
Since news of 17-year-old Trayvon Martin’s slaying spread across the media, one thing that many have focused on has been Florida’s Stand Your Ground law, which allows those confronted by violence and fearing for their life to take potentially deadly action to protect themselves. Because of this law, Sanford police failed to arrest George Zimmerman, the man who admitted to killing Martin, because he claimed he shot the unarmed teen in self-defense.
But while the conversation around Stand Your Ground laws have centered on them being an unfair license to kill, what happens when a person actually stands their ground to protect their life?
For Marissa Alexander, standing her ground has jeopardized her freedom, as the mom of three faces 20 years in prison for protecting herself.
Nearly two years ago, Alexander had just given birth to a newborn baby when she found herself in a violent confrontation with her estranged husband. According to Alexander, her husband had a history of domestic violence and at the time of the confrontation, she had an injunction of protection against him.
On a blog supportting Alexander’s cause, she explains:
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.
Unfortunately for Alexander, her husband called the police and accused her of shooting at him and his sons, and she was arrested and charged with three counts of aggravated assault with a deadly weapon with no intent to harm, which can carry a 20-year sentence in prison.
Despite her well-documented abuse claims, and her husband’s admission that he was the aggressor, a judge dismissed Alexander’s motion to receive immunity under Florida’s Stand Your Ground statue and she is currently awaiting trial.
Alexander says that she is a “law abiding citizen” and just wants to tell her story in the hopes of bringing attention to her case.
“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,” she explains. ” 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.”
Find out more about Marissa Alexander’s story on the Justice for Marissa blog.
One glaring question jumps out to me, it seems Mrs. Alexander left the scene, retrieved a weapon and returned to the scene. According to my knowledge of the law, when you leave the scene you have what’s referred to as a cooling off period. If you return to the scene with a weapon, it questions intent. If her husband had followed her into the garage, she could probably claim SYG. Intent is called into question once she left and returned to the scene. Plus why was the husband allowed to be there, since she had an order of protection? There is no question there is disparity in the application of the law for Black people. As unfair as it seems, Mrs. Alexander may have been her own undoing.
You make some valid points, there is a lot of information missing here but if she was trapped she has the right to try to get out of the house, if he confronted her again while she was trying to do that she has to defend her self. Given his history and the good fortune that no one was killed it is ridiculous that the prosecutor is going this hard.
I think you’re just going out of your way to try to vilanize this woman in your alleged attempts to “side with the law”, as if that in itself is some objective measure of perfection. Laws contains biases just like the people that decide to whom they should apply.
@Tonton – According to the blog supporting Marissa Alexander, after the initial confrontation with her husband, she exited the home and entered the garage –which I’m assuming is an attached garage– but she left house, the original scene of the altercation. She entered the garage, retrieved her weapon, left the garage and went back into the house. If she was that afraid for her life, she should have simply stayed in the garage with her gun. Then if the husband came in the garage she could possibly claim SYG if she had to use the weapon. But because she went back into the house after successfully getting away, the law does not allow you to leave the original scene, get a weapon and come back. Plus, she and her husband violated the order of protection, she nor he are allowed by law to be in the presence of each other. She didn’t say he broke in, but it seems he was there with her permission. It is a shame that she is a victim of domestic abuse. I agree seems like the state attorney would give her some consideration, since it was documented. But on the other hand, they probably are looking at the fact that the order of protection/restraining order was violated. I wish her the best. I also listened to the Nancy Lockhart blog radio show and the abusive husband was awarded custody of the infant child and refused Marissa Alexander’s family any access to the child. There is no justice in the case.
No disrespect but you missed something. A direct quote from her blog:
” 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.”
She didn’t leave the scene get a gun and come back. The garage is attached to the house not a separate building. She was stuck in the garage b/c it would not open and so the had no choice but to reenter the house and exit through another door. She should have just killed the bastard, but I’m guessing since she had just had a baby a week earlier, murder is illegal, she had a restraining order against him and she was just trying to live not take someone else’s life she didn’t take the shot. The US is about to see a lot more controversial cases because if it’s that easy to kill someone and get away with it, I can see more people killing others and claiming self defense.
@Zaharah,
Now this becomes a matter of interpretation, as I see it she enters a garage, which is part of the home, and can not get out, that makes her trapped in a room with a violent man standing in between her and freedom. She has been beaten and threatened by this man who has been unpredictable in his behavior, even if she did come back with the gun the fact that she was trapped justifies her actions. I do not see her moving from one room to another as a successful escape with the aggressor still in the house. Now a prosecutor could be looking it from the other side through a very narrow view, and I suspect a lot of information on the woman maybe left out, but going on what was stated in this article, and again no one was harmed her treatment by the justice system is cruel. I wish her the best as well.
@ the Clutch – I think it’s a matter of interpretation. I read the article in it’s entirety, plus I listened to the Nancy Lockhart 1/2 hour blog talk radio show. I’m looking at it objectively, and from the POV of the law. Further, the fact that she went outside of the home to the attached garage IMO is having left the original scene of the confrontation. In my intepretation, she left the scene, got her gun and came back inside the house. She clearly states that she got her gun and it appears she got the gun while in her car while in the garage.She could have stayed in the garage, until things were diffused. There is no indication that the husband pursued her into the garage. Clearly, something is missing here; we only have her side of the story. I empathize with her victimization as a victim of domestic abuse. I hope her efforts for an appeal are successful. If she has been unfairly judged, I pray justice is served.
Please explain again how one would go OUT of their home to enter an attached garage. An attached garage is a part of the home.
@Tonton – It’s definitely a matter of interpretation. I perceive leaving the house and going to the attached garage as leaving the original scene of the incident. Something is very strange about this story. Why would she go back inside the house, when she has her gun with her in the garage and she’s in her car? She could have locked the car from the inside. She doesn’t indicate that the husband pursued her into the garage. I just don’t comprehend going back inside the house to face this raving, abusive, violent man; when she could have stayed in the vehicle and locked it. Any way you look at it, it’s a travesty. A young woman is separated from her children and is facing a serious prison sentence. It’s very sad.
@Sense – Usually when someone prefaces a comment by stating, “no disrespect” they intend to disrespect. None taken though. I didn’t miss anything. That is my interpretation of the incident and my point-of-view.