Top Ten Videos to watch

A Man Operating A Tv Camera
Maurice White
March2Justice
'News One Now' With Roland Martin Taping
Bill Cosby
Activists In Los Angeles Gather To Burn Likenesses Of The Confederate Flag
Flint Firebirds V Windsor Spitfires
CBC Message To America: Rep. Conyers Addresses The Damage Inflicted On Our Communities By Poverty, Mass Incarceration And Lack Of Economic Development
Iowa Caucus Ted Cruz
NewsOne Now NAACP Image Awards Preview
Student sitting at a desk in a classroom
Slavery Stock image
The 16th Annual Wall Street Project Gala Fundraising Reception
Ava DuVernay
Roland Martin Blasts Stacey Dash For Comments About BET, Black Networks
President Obama Delivers State Of The Union Address At U.S. Capitol
Ava DuVernay
2016 North American International Auto Show
Democratic National Committee Presidential Primary Debate
88th Oscars Nominations Announcement
Democratic debate
Dream Speech
GOP Presidential Candidates Debate In Charleston
US President Barack Obama speaks on the
24593149
2011 Winter TCA Tour - Day 5
LOS ANGELES, CA - FEBRUARY 18, 2015: Two wooden stand-in Oscar statuettes are ready to be taken on
Woman Holding Dollars - Isolated
President Barack Obama Delivers His State Of The Union Address
Leave a comment

Marissa Alexander Case

Marissa Alexander (pictured), a young lady who invoked Stand Your Ground in her case but was denied, is set to get a new trial. Alexander was convicted and sentenced to 20 years for shooting a bullet in to the ceiling of her home when her husband allegedly attacked her.

Even though there were no injuries from the incident, Alexander was convicted and sentenced to prison for two decades.

RELATED: Who Is Marissa Alexander?

While the appellate court did not reverse her conviction because of Stand Your Ground, they reversed the conviction because the trial court did not properly instruct the jury on self-defense, which was Alexander’s claim for trial.

If the jury considered self-defense and found that she was defending herself from her husband, she may have been acquitted of the aggravated assault charge.

An outcry came from the public demanding justice in this case, which was prosecuted by Angela Corey, the same prosecutor on the George Zimmerman case. For many, Alexander receiving a two-decade sentence, while Zimmerman eventually received a not-guilty verdict for murdering Black teen Trayvon Martin appeared to reek of a racial double-standard.

In the 12-page order, Judge J. Benton, who sits on the appeals court, detailed the incident that lead to the arrest as well as why he felt it was necessary to overturn the conviction of Alexander. According to Judge Benton’s order, the trial court made an error by instructing the jury that Alexander had to prove beyond a reasonable doubt that she was justified in using self-defense.

That is not proper. The judge should’ve instructed the jury that when Alexander makes a self-defense claim, then the prosecution must prove beyond a reasonable doubt that it is not self-defense.

Marissa Alexander Case

According to the order, after reading text messages from her ex-husband, Marissa’s husband, Rico Gray (pictured above left), accused her of infidelity, questioning the paternity of their 1-week-old son. Alexander locked herself in the bathroom and demanded Gray leave. She ran from the bathroom to the garage, where her car was parked, but the garage door was down.

Alexander testified that she could not get the garage door open but retrieved a gun from the glove compartment, which she had a permit for, and then walked back in to the house with the gun on her side — not knowing if Gray had left the home or not. When Gray saw the weapon, he reportedly charged her “in a rage,” saying, “Bitch, I’ll kill you.”

Startled, Alexander raised the gun in to the air and fired. Mr. Gray ran.

According to Alexander, she was forced to fire the gun in the air as a warning shot because it was the “lesser of two evils.”

While testifying at her original trial, Alexander told the jury of several incidents of domestic violence at the hands of Gray, including him choking her while she almost lost consciousness. In another incident, Gray needed hospitalization.

Several witnesses, including family members, confirmed Alexander’s many injuries at the hands of her husband.

In an opposing view of the majority opinion, Judge T. Kent Wetherell, who also sits on the appeals courts, stated in his opinion piece that although the case should be reversed, there are still fundamental problems that should be considered. He wrote that the evidence showed that Marissa Alexander had the option of exiting either the front or back doors, which were unobstructed, and said that there was no evidence that the garage door did not work. According to the judge, Marissa Alexander had ample opportunity to leave the home without harm.

Instead, Marissa returned in to the house with the firearm and pointed it in the direction of Rico Gray. Further, Wetherell mentioned an incident after the shooting in which Marissa Alexander went to Rico Gray’s home and physically attacked him, which led to Marissa Alexander’s bond being revoked and her being held until trial.

No new trial date has been set yet.

For media inquiries, Eric Guster can be reached at 205-240-1236 or Eric@GusterLawFirm.com or via twitter: @ericguster

RELATED: Marissa Alexander Gets 20 Years In Failed ‘Stand Your Ground’ Defense

Also On News One: