Marissa Alexander Will Get New Trial In Florida Stand Your Ground Case

Tallahassee, FL — Marissa Alexander was granted a new trial by an appeals court on Thursday, more than a year after she was sentenced to 20 years in prison for firing a warning shot during an argument with her husband.

A state appeals court announced its decision, explaining that the 32-year-old mom deserves a new trial because the original judge made a “fundamental error” when he told the jury Alexander had to prove self-defense beyond a reasonable doubt.

The Orlando Sentinel reports that Alexander, a slightly built woman who stands at five feet two inches, was in an argument with her 245-pound husband, Rico Gray, in August 2010, when she fired her gun to warn him off.

Gray was abusive and had a previous domestic violence conviction for attacking her. He moved toward her threateningly and she discharged a gun into the ceiling to scare him away. Gray’s two children were in the home, in a different room, at the time the weapon was discharged.

Prosecutors in Marissa Alexander’s first trial argued that the shot endangered Gray and the children. While no one was injured during the argument, MSN News the incident resulted in a conviction for aggravated assault with a deadly weapon. Florida’s mandatory sentencing guidelines forced the judge in the case to sentence the woman to 20 years in prison.

Alexander filed a “Stand Your Ground” claim in the case. However, a judge ruled against her because she decided to go back into the house with her gun. At the time of the incident, Alexander had an active restraining order against Gray and carried a concealed weapons permit.

Alexander’s case didn’t receive much attention until her sentencing in May 2012, after the case of George Zimmerman, who stated he shot unarmed teen Trayvon Martin in self-defense. Zimmerman was acquitted of murder charges in July. Several advocates have stepped up to fight for Alexander since her case gained national attention.

In the court’s explanation for granting Marissa Alexander a new trial, judge Robert Benton explained, “The defendant’s burden is only to raise a reasonable doubt concerning self defense.” Should the new case do this, the 32-year-old could go free.