A judge has ruled against providing Marissa Alexander, 33, with a new “Stand your ground” hearing, reports Salon.
Alexander was originally convicted and sentenced in 2012 to 20 years in prison for firing a warning shot during a confrontation with her abusive husband, Rico Gray. The conviction was overturned on appeal.
The “Stand your ground” law allows for a person to fire if there is “reasonable fear of imminent peril of death or great bodily harm to himself or herself.” Alexander was denied immunity under the law during her first trial.
Her defense team argued that her case warranted another hearing because there was new evidence—including expert testimony on battered woman syndrome and Gray’s history of domestic violence—to introduce. Circuit Judge James Daniel, however, found on Friday that “the basic outlines of her claim and [Gray’s] claim have not changed at all.” He also ruled that the recent addition of a “warning shot” provision to Florida’s “Stand your ground” law could not be applied retroactively.
Alexander’s case is now set to be retried. State Attorney Angela Corey is seeking a 60-year sentence this time around. Alexander, who is out of jail on bond, faces three counts of aggravated assault with a deadly weapon.