Florida woman sentenced to 20 years in controversial warning shot case


No, it won't be overturned. She left the room to get the gun and returned and made the shot. She had multiple chances to walk away. She committed the crime, she has to do the time.
 
That is a shame...if that case will not be overturned, or the same situation experienced by others, she should have killed the bastard! and probably get a lesser penalty. If she did not go inside the the house to get her car keys she wouldn't be able to run away fast enough should her husband went after her.
 
I agree totally that 20 years is excessive but I think that the law was properly applied in this case. A word about the "stand your ground" and "Castle Doctrine" laws. For them to apply you must also meet the requirement of immediate danger of life or serious harm. If you have time to fire warning shots there is a good chance that the immediate danger does not exist.

I think that the extenuating circumstances here of spousal abuse should have been taken into account and a pardon from the governor could be given but otherwise she was guilty.
 
"But a previous judge in the case rejected the request, saying Alexander's decision to go back into the house was not consistent with someone in fear for her safety"

Says it all. She re-engaged by returning into the house. Her decision to confront for whatever reason. Her actions, her responsibility. AND had the ability to plea it down.
 
What are you talking about? There is no requirement in the Florida law that she walk away. She just has to have reasonable suspicion that she might be in serious danger. Her history should have been her defense.
 
I hope none of us are ever in that situation. This Florida law is abominable to begin with, Now we nit pick on whether she thought her life was in danger? Her husband's history proves she could have been fearful. That makes the Zimmerman case all the more disgusting.
 
Once again some folks are picking a law apart that they have failed to read and understand. Bad decisions do not equate to bad law.
 
Mathmn said:
I hope none of us are ever in that situation. This Florida law is abominable to begin with, Now we nit pick on whether she thought her life was in danger? Her husband's history proves she could have been fearful. That makes the Zimmerman case all the more disgusting.
Click to expand...


Please never come to Florida, you can go back to the democraptic underground now.
 
"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 regarding to any extenuating or mitigating circumstances that may be present, such as those in this case," Daniel said.​
Click to expand...

And the rationale for such a law is what? That judges were letting people off with "light" sentences? Minimum sentencing laws, whether in New York, Florida, Texas or federal courts, are like the no tolerance rules for grade schools. All they do is mark the spot where people can stop thinking.
 
Things to consider before firing a warning shotA warning shot is the use of "deadly force" in Florida, and "deadly force" can only be legally used to stop or prevent the imminent commission of a "forcible felony" (ie: only the most serious felonies), or to prevent imminent death or great bodily harm to yourself or another person. If you decide to fire a warning shot to try to stop an attack -- your legal position is the same as if you actually shot the intruder.

Legal repercussions of firing a warning shot
While a person may lawfully use "non-deadly force" in almost all situations in defending themself -- using "deadly force" when that is not permitted is usually a felony. Thus, under Florida's very tough mandatory minimum sentencing provisions -- the unlawful use of deadly force will normally carry a 20 year mandatory minimum prison sentence! A very good reason not to use warning shots except in the most dire of circumstances.
 
I wonder if the jury knew about the mandatory sentencing, and if they didn't, would their decision had been different had they known?

About 25 years ago PBS Frontline did a documentary on jury nullification. A convicted felon who was mentally retarded responded to an ad about "how to become a private investigator." After paying for the materials he was instructed to get a gun, a "PI Badge", and go hang out at the courthouse to watch what real detectives do. So he did. After about 3 days a guard at the courthouse inquired as to what he was doing there the last 3 days and he responded that he was in training to become a private investigator, showing the guard his "badge" and gun. The guard immediately had him arrested. He was charged with being a convicted felon in possession of a firearm.

The judge refused to allow the defense to mention jury nullification, and the judge refused to instruct the jury on jury nullification. the jury struggled for several days, finally coming up with a convoluted application of the law that allowed them to vote to acquit. After being told about jury nullification, they agreed that had they known about jury nullification they would have voted to acquit in the first five minutes of their deliberations.
 
wow i think 20 years is way excessive as well and it was her house as well she had every right to go back in to get her keys and smart to bring her gun just in case ..she probably didn't want to shoot at him or kill him but to use the shot to stand her own ground as to say don't f w me i'm just getting my keys??? i donno but 20 years..... i just don't see the woman needs 20 years in prison nor us tax payers having to foot the bill for something she and her husband need to work out privately with some good counseling it's not like she a violent criminal but a woman afraid of her own husband who wanted to protect herself from abusive husband but didn't want to actually shoot him
 
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