Columbia man's daughter denied 'stand your ground' defense in FL warning shot retrial
By Jason Old| July 24, 2014 at 7:28 PM EST - Updated July 10 at 2:01 AM
JACKSONVILLE, Fla. (AP/WIS) - A judge has denied a Florida woman's request to use the so-called "stand your ground" law as a defense for aggravated assault with a deadly weapon charges that arose after she fired what she classified as a 'warning shot' near her husband.
In an order dated earlier this month, Duval County Circuit Court Judge James Daniel rejected 33-year-old Marissa Alexander's request to use the defense at her retrial.
Alexander of Jacksonville was previously denied immunity under the state's self-defense law and sentenced to 20 years in prison.
However, that conviction was thrown out by an appeals court. It ruled the trial court mistakenly put the burden on Alexander to prove her husband abused her and that she acted in self-defense.
Alexander, who is a licensed weapons holder, says she took a stand against her abusive husband at their home two years ago.
According to court documents, Alexander's husband, Rico Gray, had a history of domestic violence toward her and other women. They have a child together.
In August 2010, court documents say Alexander got her gun from her glove compartment and fired a warning shot in her ceiling following one particular abuse incident. No one was hurt, but she was arrested and charged with aggravated assault.
Alexander had a protection order out against Gray before the incident.
A judge said Alexander had other options and could have escaped out of a window or front door and she did not have to fire that shot.
Her father, Raoul Jenkins, who lives in Columbia, said he didn't know half of what was going on with his oldest daughter in Florida until she went on trial for her life.
"She told me why she did not tell me or her brother, which is my oldest son here in Columbia, because we would have went down there," Jenkins said in 2012.
Alexander's new trial is scheduled to begin Dec. 1. She faces up to 60 years in prison on three counts of aggravated assault.
Copyright 2014 WIS. All rights reserved. The Associated press contributed to this report.