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Tag Archives: SYG

Another Gun Lynching in Florida?

That Florida SYG Lynch law is having the intended effect…

That Assad guy over in Syria needs to pass one of these laws. Then he’d have the cons screaming to support genocide.

Now, I have no idea what the ethnicities or races are of the individuals involved are – but this is the result of conservative gun mania empowering murderers.

Back in the days when people called murder what it is

 

Florida Man Claims Self-Defense After Hopping A Fence To Shoot, Kill 21-Year-Old In A Hoodie

On Thursday, an Orlando man shot and killed a 21-year-old who was fleeing his yard. He didn’t appear to be stealing anything, according to witness accounts. He didn’t appear to be threatening anybody. But Claudius Smith said he feared he was a burglar, followed him over the fence to a neighboring apartment complex, where he shot him after he said he felt threatened, according to a confession documented in an Orlando Police Department report. Smith even said he feared victim Ricardo Sanes was armed “because his pants were falling down” and his hands were in his hoodie pockets, according to a report obtained by the Orlando Sentinel.

Now, questions are emerging about whether Smith will also invoke the state’s Stand Your Ground law, which gained notoriety over the shooting of 17-year-old Trayvon Martin, shot in a Florida residential development while wearing a hoodie. Law enforcement officials don’t seem to believe Stand Your Ground applies. Smith has already been charged with second-degree murder. But that doesn’t stop a judge from granting Stand Your Ground immunity later. In one of the most recent Florida court decisions on Stand Your Ground, an appeals court granted Stand Your Ground immunity to a man who went to his car to get a gun before the fatal incident.

According to statements by Smith’s girlfriend, Angela Kemraj, to police, the incident started when she saw a man in the yard on surveillance cameras and reported it to Smith. She said they saw the individual in dark clothes and a hoodie leaving their yard without anything in his hands, and climbing over the fence to a neighboring apartment complex. Smith then left the apartment and climbed over the fence. Two minutes later, Kemraj said she heard gunshots. Soon after, Smith came back to the apartment and said Sanes tried to rob him, without mentioning the shooting. During initial police questioning, Smith later denied knowledge about the shooting, and only later confessed, claiming he shot in self-defense.

 
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Posted by on January 21, 2014 in The New Jim Crow

 

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SYG In Florida Only Applies to Some People

Different Laws for different folks in Florida…

Fresh on the tail of the release of George Zimmerman for the murder of Trayvon Martin comes this travesty. Where is the NRA? Where are the legions of conservative whites who only want to defend the law? This woman didn’t kill anyone – yet is sentenced to 20 years in jail?

You betcha…

Marissa Alexander, Woman Sentenced To 20 Years For Firing Warning Shot, Gets New Trial

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.

Benjamin Jealous, president and CEO of the NAACP, called the ruling a “welcome development in a case that represents the double standards in our justice system.”

“From the streets to the courthouse, race continues to influence the judicial process, and it certainly seemed to have played a role here,” Jealous said in a statement issued by the civil rights organization.

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.

On Aug. 1, 2010, Alexander was working for a payroll software company. She was estranged from her husband, Rico Gray, and had a restraining order against him, even though they’d had a baby together just nine days earlier. Thinking he was gone, she went to their former home to retrieve the rest of her clothes, family members said.

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

Gray testified that he saw Alexander point the gun at him and looked away before she fired the shot. He claimed that she was the aggressor, and that he had begged her to put away the weapon.

The judge threw out Alexander’s “stand your ground” self-defense claim, noting that she could have run out of the house to escape her husband but instead got the gun and went back inside. Alexander rejected a plea deal that would have resulted in a three-year prison sentence and chose to go to trial. A jury deliberated 12 minutes before convicting her.

Alexander was also charged with domestic battery four months after the shooting in another assault on Gray. She pleaded no contest and was sentenced to time served.

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.

 
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Posted by on September 28, 2013 in The New Jim Crow

 

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Stand Your Ground – License to Murder

This is how “Stand Your Ground” really works…

It’s Not Just Zimmerman: Race Matters a Lot in ‘Stand Your Ground’ Verdicts

“The odds that a white-on-black homicide is ruled to have been justified is more than 11 times the odds a black-on-white shooting is ruled justified,” Roman concluded. “No dataset will ever be sufficient to prove that race alone explains these disparities. But there are disparities in whether homicides are ruled to be self-defense, and race is clearly an important part of the story.”

In the wake of the Zimmerman verdict, Roman provided me with his more recent, more fine-grained analysis of the relationships between shooters and victims, including the types of weapons involved. The racial (black-white) divide was strongest in just the kind of shooting that Zimmerman committed: a fatal shooting involving a handgun and two strangers of different races, neither of whom is in law enforcement. Even in states without “Stand Your Ground” laws, the numbers are stark; 29.3 percent of white-on-black shootings are ruled justifiable, while only 2.9 percent of black-on-white shootings are. But in states that have enacted “Stand Your Ground” laws, the situation is worse: 35.9 percent of white-on-black shootings are ultimately deemed to be self-defense. In the reverse situation, black-on-white shootings, only 3.4 percent of cases have ended with the same verdict.
Based on this new analysis, Roman tells me via email that: “The criminal justice system is rife with racial disparities. From searches of motor vehicles during traffic stops, to stop-and-frisk encounters and arrests, to sentencing and parole decisions, black Americans – especially young black males – come in contact with the police and courts far more often than their share of the population would predict. The chasm in justifiable homicide rulings, however, is vastly larger than other disparities and deserves intense scrutiny.”
 
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Posted by on July 16, 2013 in American Genocide, Domestic terrorism

 

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