Monday, May 21, 2018
Public safety

Fla. woman who fired gun at husband gets new trial

TALLAHASSEE — A Florida woman serving 20 years in prison for firing a shot at her estranged husband during an argument will get a new trial, though she will not be able to invoke a "stand your ground" defense, an appeals court ruled Thursday.

The case of Marissa Alexander, a Jacksonville mother of three, has been used by critics of Florida's "stand your ground" law and mandatory minimum sentences to argue that the state's justice system is skewed against defendants who are black.

The 1st District Court of Appeal ruled that Alexander deserves a new trial because the trial judge handling her case did not properly instruct the jury regarding what is needed to prove self-defense.

The ruling, written by Judge Robert Benton, said the instructions constituted a "fundamental error" and required Alexander to prove self-defense "beyond a reasonable doubt."

But the court also made it clear in its ruling that the judge was right to block Alexander from using the state's "stand your ground" law as a way to defend her actions. That law generally removes people's duty to retreat in the face of possible danger and allows them to use of deadly force if they believe their lives are in danger.

Faith Gay, one of the attorneys representing the 33-year-old Alexander, said she was grateful for the "thorough consideration" provided by the appeals court.

"We are looking forward to taking the case back to trial," Gay said.

Alexander had never been arrested before she fired a bullet at a wall one day in 2010 to scare off her husband when she felt he was threatening her. Nobody was hurt, but the judge in the case said he was bound by state law to sentence her to 20 years in prison after she was convicted of aggravated assault with a deadly weapon. Alexander has maintained that the shot fired was a warning shot.

The sentencing sparked criticism from the local NAACP chapter and the district's African-American congresswoman, who said blacks more often are incarcerated for long periods because of overzealous prosecutors and judges bound by mandatory minimum sentences.

State Attorney Angela Corey, who oversaw the prosecution of George Zimmerman in the shooting death of Trayvon Martin, has stood by the handling of Alexander's case. Corey said she believes that Alexander aimed the gun at the man and his two sons, and that the bullet she fired could have ricocheted and hit any of them.

Jackelyn Barnard, a spokeswoman for Corey, said that the conviction was reversed on a legal technicality and that the office was gratified that the "stand your ground" ruling was upheld.

The state's "10-20-life" law was implemented in 1999 and credited with helping to lower the violent crime rate. Anyone who shows a gun in the commission of certain felonies gets an automatic 10 years in prison. Fire the gun, and it's an automatic 20 years. Shoot and wound someone, and it's 25 years to life.

Supporters of Alexander have asked Gov. Rick Scott to pardon Alexander, but her case has not yet been taken by the state's clemency board.

Comments
Lava from Kilauea volcano enters ocean, creates toxic cloud

Lava from Kilauea volcano enters ocean, creates toxic cloud

PAHOA, Hawaii — White plumes of acid and extremely fine shards of glass billowed into the sky over Hawaii as molten rock from Kilauea volcano poured into the ocean, creating yet another hazard from an eruption that began more than two weeks ago. Auth...
Updated: 1 hour ago
Traffic lights restored at Pinellas Park intersection

Traffic lights restored at Pinellas Park intersection

PINELLAS PARK — Traffic lights have been restored at the intersection of 66th Street N and Park Boulevard, police said. About 5:45 p.m., Pinellas Park Police announced the outage. 
Updated: 4 hours ago
Family, friends recall shooting victims’ optimism, humor

Family, friends recall shooting victims’ optimism, humor

SANTA FE, Texas — A 17-year-old student looking forward to celebrating his family's new swimming pool and a substitute teacher whose home frequently hosted family gatherings were among the 10 people killed in a mass shooting at a Texas high sch...
Published: 05/20/18
Burglary suspect jumps into Hillsborough canal to escape deputies, officials say

Burglary suspect jumps into Hillsborough canal to escape deputies, officials say

TAMPA — After a botched burglary, a fleeing suspect jumped into a canal to escape deputies Saturday afternoon, according to the Hillsborough County Sheriff’s Office.The person has not yet been identified. The suspect tried to break into a business on...
Published: 05/19/18
Cuba: 110 died in plane crash, 3 survivors ‘critical’

Cuba: 110 died in plane crash, 3 survivors ‘critical’

HAVANA — The only three survivors of Cuba’s worst aviation disaster in three decades were clinging to life Saturday, a day after their passenger jet crashed in a fireball in Havana’s rural outskirts with 113 people on board. In the first official dea...
Published: 05/19/18
He lured young men looking for weed. Their bodies turned up in a pig roaster.

He lured young men looking for weed. Their bodies turned up in a pig roaster.

Cosmo DiNardo declared "I am a savage no explanation needed" on social media seven months before police say he lured four young men to his family’s farm, shot them to death, ran one of them over with a backhoe and dumped three of their bodies in a pi...
Published: 05/19/18
Off-duty Largo firefighter arrested on DUI charge

Off-duty Largo firefighter arrested on DUI charge

DUNEDIN — Pinellas County sheriff’s deputies arrested an off-duty Largo firefighter found asleep at the wheel shortly after 4 a.m. Saturday.Patrol deputies saw a 2013 Dodge Dart, facing west and stopped in the intersection of Main Street and Bass Bou...
Published: 05/19/18
After Texas school shooting, Tampa Bay officials will step up security

After Texas school shooting, Tampa Bay officials will step up security

Hours after Friday’s deadly school shooting in Santa Fe, Texas, bay area law enforcement officials pledged to beef up school security for the last remaining days of the school year.Hillsborough Sheriff Chad Chronister held a news conference late Frid...
Published: 05/18/18
Largo police seek person of interest linked to missing man

Largo police seek person of interest linked to missing man

LARGO — Police are searching for a person of interest in the January disappearance of a 24-year-old man.The missing man is Timothy Patrick Cullen, 24, who Largo police said was last seen Jan. 22 at his home in the 500 block of Seventh Ave NE. His veh...
Published: 05/18/18
Pasco man accused of abusing 3-month-old infant

Pasco man accused of abusing 3-month-old infant

BAYONET POINT — A 26-year-old man was arrested Thursday on a charge of aggravated child abuse and accused of fracturing an infant’s skull, according to the Pasco County Sheriff’s Office.Brandon Scott Madrishin told deputies that a 3-month-old infant ...
Published: 05/18/18