Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’?

Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’?

This is a discussion on Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I'm not sure what I think about this case. Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ?Warning Shot?? | ...

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Thread: Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’?

  1. #1
    Senior Member Array DJC7's Avatar
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    Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’?

    I'm not sure what I think about this case.

    Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ?Warning Shot?? | Video | TheBlaze.com

    She did have a restraining order against him, but the article isn't clear if he was staying at their house or if she was. If it was him then maybe she shouldn't have gone there in the first place, at least not without a police escort. If he shouldn't have been there then she couldn't have helped running into him. But, she had the opportunity to leave the house and enter her car to retrieve her gun which means she also likely had the opportunity to drive away and call police. In either case, 20 years might be too harsh of a sentence, but she also isn't completely void of some blame in my eyes. At least as I'm reading it right now.

    Anyone else have thoughts on this?
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  2. #2
    VIP Member Array StormRhydr's Avatar
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    I keep thinking that there had to be other things going on. Like, was she a felon in possession of a handgun? Something that is beyond the firing of a warning shot.

    It honestly makes no sense to me, unless there was something else to it.

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    VIP Member Array Brad426's Avatar
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    Isn't that the advice the VP gave us? It must be right.
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    Senior Member Array kb2wji's Avatar
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    There has to be more to it. The law simply does not allow that sort of jail time for that crime. Each crime has a set of sentencing guidelines that a judge must go by when handing down a sentence. Firing a warning shot simply does not warrant, nor allow a 20 year sentence. There's more. I'm surprised "The Blaze" didn't report the whole story.....weird

    The aggravated assault charge, which makes her shot during the commission of a felony, seems to have stuck. Assault seems to be what she is guilty of, not firing a warning shot. The jury found her guilty of agg assault. Apparently her explanation didn't fly with them. I still think a 20 year sentence is way out of wack. I arrest people for shooting at folks all the time. Typical jail time is 0-3 months. Last guy got 6 months for shooting into a crowd at a gas station and actually hitting a girl in the kidney area. But this is TN. There's no such thing as punishment here.

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    Ex Member Array IndianaSig's Avatar
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    First, let's all be sure that we understand that we should NEVER fire "warning shots." It is a misunderstanding of the responsibilities that come with carrying a firearm. Beyond that, yes, there had to be more to the story to garner a 20-year sentence.

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    VIP Member Array StormRhydr's Avatar
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    Quote Originally Posted by Brad426 View Post
    Isn't that the advice the VP gave us? It must be right.

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    This wasn't self defense, this was aggravated assault. Florida has sentencing guide lines for crimes committed using a firearm. 10-20-life, which I fully support. You get a mandatory 20 years for firing a gun while committing a crime, she was charged and convicted for aggravated assault.

    You can read more about the case, but the short story is the man lived in the house and the jury did not believe she was in danger. He was in the process of packing up his two kids and leaving.
    BugDude and Taurahe like this.

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    Member Array thebucketeer's Avatar
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    I did some google research and still don't quite get all the details, but it appears that the jury didn't agree with her position that the gun was fired in self-defense. She apparently tried to invoke the "stand your ground" doctrine, but that was rejected because she appears to have left the residence to get the gun and returned to confront her husband. She was convicted of aggravated assault, and because a weapon was discharged during the crime, mandatory sentencing guidelines kicked in, hence the 20 years.

    Probably a bit excessive, but the jury didn't buy that she was the victim in this case.

    Here's a better story: Fla. woman Marissa Alexander gets 20 years for "warning shot": Did she stand her ground? - Crimesider - CBS News

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    "An argument ensued, and Alexander said she feared for her life when she went out to her vehicle and retrieved the gun she legally owned. She came back inside and ended up firing a shot into the wall, which ricocheted into the ceiling."

    And that is why she was convicted. Same thing happened in a previous FL case where a women left, grabbed a knife and came back in--convicted. The Prosecution presents it as she has now become the aggressor.
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    VIP Member Array tdave's Avatar
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    Weapon controlled by emotion instead of logic. Bad situation.

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    Distinguished Member Array chuckusaret's Avatar
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    The only difference in this case and several other similar cases; she is black, and as in the other cases the victims, that were not black, left the scene, as did this woman, retrieved a weapon and returned and became the aggressor.
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    Distinguished Member Array chuckusaret's Avatar
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    OldVet you beat me to it while I was trying to find a link to the other cases.
    US Army 1953-1977

    ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’
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    Member Array thebucketeer's Avatar
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    The broader issue in this case is the mandatory sentencing guidelines that eliminate the ability for the judge to have any discretion based on circumstances. I'm divided on that issue, since in a case like this it is patently ridiculous. However, one size fits all sentencing rules like this came about as a result of legislatures putting limits on judges who clearly abused the discretion they had. Idiot judges were putting too many dangerous criminals back on the street and the people, through their representatives took action.

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    VIP Member Array Harryball's Avatar
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    Is It Fair That a Florida Mom Received a 20-Year Sentence for Firing ‘Warning Shot’?
    Based on what we have, IMO yes.....
    Don"t let stupid be your skill set....

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    Senior Member Array RKflorida's Avatar
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    My first thought is "Florida Mom". How about Florida woman? Did you ever see "Florida Dad" or any equivalent for men? How about "Florida woman gets 20 years for threatening a Florida Dad with a gun"?
    Hoganbeg and OldCavTrooper like this.

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