No Stand Your Ground for abused woman!

[Titi]

Her husband had her cornered so she put a warning shot through the ceiling. He fled and called the cops and told them 2 different stories. She has been in jail since than awaiting a mandatory sentance of 20 years, even though she had NEVER been in trouble with law before. Judge says she could have run out the front or back doors.


http://www.huffingtonpost.com/2012/0...tml?ref=topbar

[Duelist925]

...

I

...

There are no words for this level of...I can't even think of the damn term. Idiocy is too fucking polite.

How the HELL does the Stand Your Ground Law not apply here? Hell, how the fuck does BASIC SELF DEFENSE not apply here?! Between her husbands history of abuse, and her complete lack of trouble with the law, how in the nine hells does this make any sense?!

[Greenday]

If she's going to be in jail that long, she might as well have killed him and at least made it worth it.

[gremcint]

Is she in a state where there is a stand your ground law?

[Greenday]

Florida if I read correctly.

[Seifer]

Is she in a state where there is a stand your ground law?

Florida is the same state where Zimmerman is using the Stand Your Ground law to get away with murdering a 17 year old. So yeah, the Stand Your Ground law should apply.

[bex1218]

They even mentioned how this was 2 hours away from the Martin/Zimmerman incident.

I really weep for my state.

[Greenday]

She got 20 years in jail for firing a warning shot? Florida is special.

[Slytovhand]

Obviously, someone there didn't think she was in real danger... otherwise, self-defense would have been obvious. That, in itself, is an odd call!

But, knowing how the law works, judges would have told the jury "this is the charge, this is the legal requirements for proving the charge - is that what happened?"

Still sounds moronic - especially since she didn't even shoot at the guy (let alone, hit him!)

[Andara Bledin]

So this asshole is on record for attacking her and putting her in the hospital, but the state just went ahead and rejected the fact that she acted in self defense?

Plus, Gray actually stated, in a deposition no less, that he threatened to kill her if she every cheated on him, and this altercation started because she had the audacity to still talk to her ex-husband.

I am never moving to Florida. I'm not even sure I want to visit with how fucked up what passes for justice down there is.

^-.-^

[draco664]

She got 20 years in jail for firing a warning shot? Florida is special.

Pretty much. From what I can tell from reading about the case elsewhere, it's exactly *because* she fired a warning shot that she was found guilty. Supposedly if she felt threatened, she should have shot him. Not a problem in that case...

[HYHYBT]

That almost makes sense: if he were dead, he wouldn't have told a false story to the police.

[lordlundar]

I'm taking the unpopular opinion here but there is a LOT that this article is missing.

This is the official document for the denial of immunity of prosecution:

and 5 points that stuck out (which neither party denied):

1. The defendant never called 911, not even after discharging a firearm.
2. The defendant asserted that she was unable to leave the house because the garage door wasn't working; however, she never attempted to leave by any other available exit. Moreover, police were unable to find or recreate any malfunction in the garage door, which was apparently working just fine when they arrived.
3. The judge notes that based on the defendant's own testimony, she had to pass by her husband in order to get to the garage and retrieve her weapon (as opposed to making a bee-line for the front or back door, which was apparently unobstructed. That she felt more comfortable trying to bypass her husband in close proximity to him rather than avoiding him undermined her argument that she felt that she was in danger of death or serious physical harm in the judge's view. Moreover, the judge found the decision to reenter the home inconsistent with the actions of someone in fear for her life.
4. The judge notes that the defendant hadn't been in residence at the home for two months. She entered the home of her own volition.
5. Finally, he notes that while the husband has been convicted for domestic battery previously, there was no evidence of any physical injury to the defendant despite her repeatedly being in close contact with him during the incident.

So yeah, the original article is REALLY not getting the whole story.

[bara]

Edited after reading lodlunadrs linky.

Thanks.

That original article never mentioned that she went BACK into the house after getting her gun. It leads you to believe she was in the garage and was cornered.

[lordlundar]

That's because the article writer was aiming for "SYG is biased and the courts are racists!" Than informing his readers of the facts.