Trayvon Martin, Marissa Alexander and Florida’s Stand Your Ground Laws

| 07/14/2013 | Comments (0)

Guest Post by Clarissa Burton

Let me begin with a little state of Florida history lesson regarding Stand Your Ground statute.

JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.

(1)A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a)The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b)The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2)The presumption set forth in subsection (1) does not apply if:

(a)The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b)The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c)The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d)The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3)A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4)A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5)As used in this section, the term:

(a)“Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b)“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c)“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

History.—s. 1, ch. 2005-27.

Marissa Alexander3Marissa Alexander – Stand Your Ground Statute and her 20-Year Prison Sentence

Marissa Alexander has been sentenced to 20 years in federal prison for using the state of Florida’s ‘Stand Your Ground’ law to protect herself and her 9-day old baby from a documented abusive husband. After just giving birth nine days prior, Marissa’s abusive and estranged husband confronted in her home. Her abuser brought two children with him most likely believing Marissa wouldn’t protect herself.

As he threatened to harm Marissa, she retrieved her gun and fired a warning shot. She DID NOT injure anyone. She DID NOT kill anyone. She was a certified and licensed gun owner, having completed gun safety training.

Ms. Alexander was INSIDE her home. She did not pursue her estranged husband. She did not fight him nor kill him. SHE WAS INSIDE HER HOME!

George Zimmerman – Accosted Black Teen, Shot and Killed Black Teen, Acquitted of Murder by using Florida’s Stand Your Ground Statute

George Zimmerman2bNow, contrast Ms. Alexander’s 20 year prison sentence compared to George Zimmerman going free after murdering a 17 year old unarmed teen. Zimmerman was told several times by the police dispatcher to NOT LEAVE HIS CAR AND FOLLOW TRAYVON MARTIN. Zimmerman was not threatened while inside his vehicle by the teen. Trayvon NEVER attempted to violate Zimmerman inside his vehicle. Yet, Zimmerman is a free murderer who disobeyed the law.

The murderer Zimmerman is acquitted because of the STAND YOUR GROUND law in Florida. Ms. Alexander is in federal prison for 20 years because she LEGALLY stood her ground INSIDE HER HOME and DID NOT MURDER ANYONE!

Zimmerman = MURDERER = Not threatened INSIDE his vehicle = followed Trayvon Martin = KILLED the teen.

Trayvon Martin2

Marissa Alexander = new mother for 9 days = documented abused wife = received protection order against abusive husband = abuser enters her home and threatens her with another beating = Marissa fires warning shot = DOE NOT INJURE NOR KILL ANYONE = sentenced to 20 years in federal prison for STANDING HER GROUND!

PEOPLE OF THE UNITED STATES OF AMERICA, we have a SERIOUS PROBLEM HERE! The state of Florida has violated the civil rights of Ms. Marissa Alexander. The governor should immediately release her not tomorrow but NOW!

The prosecuting attorney who filed charges against Ms. Alexander should be debarred and never allowed to practice law even if she offered free her services for free. If Ms. Alexander isn’t set free within the next few days, that will be a LOUD message that the judicial system only benefits MURDERS, PEDOPHILES, and POLITICIANS. The rights of law-abiding citizens no longer matter. Moreover, believe me when I write this: YOU AND I ARE NEXT! Our states, cities, and neighborhoods will be wrought with CRIMINALS. You and I are being held hostage by an UN-judicial system that is hell bent on instigating race riots.

Remember this. If Marissa Alexander’s conviction isn’t overturned immediately, the Zimmerman acquittal signals the beginning of the end of OUR freedom. Prepare yourselves for shackles and a police state. Law-abiding citizens are no longer welcome nor do we MATTER!

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Clarissa Burton

Journalist at CNN iReport, Contributor at Yahoo! News and Journalist/Editor at The BWE Bloggersphere

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