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12-2 10:10am Scoot, concealed weapons

Dec 2, 2013|

A Florida woman convicted and sentenced to 20 years in prison for firing what she said was a “warning shot” at her husband during a fight has been released on bond as she awaits a new trial. Marissa Alexander invoked Florida’s “stand your ground” law – but the judge threw out her claim of self-defense. In the aftermath of the controversial trial of George Zimmerman in the killing of Trayvon Martin in which Zimmerman invoked Florida’s “stand your ground” law – the case of Marissa Alexander attracted new attention. Alexander said that her husband was threatening her when she fired the warning shot to scare him off. She is getting a new trial and once again the “stand your ground” laws will be praised and criticized. Do you think a “stand your ground” law should protect a person who fires a warning shot? We were joined by Dave Newman, Concealed Carry NOLA -NRA certified pistol instructor registered with the Louisiana State Police.

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Automatically Generated Transcript (may not be 100% accurate)

It's a -- Monday good morning disputed for growing this morning and all this week. I knew that coming off this long Thanksgiving holiday weekend. It was going to be exciting because news Monday would not just -- or ordinary Monday sometimes these -- can be difficult after -- holiday weekend but the saints play on Monday Night Football tonight. It's a gaming entire nation is gonna be watching this is. I gained it's not a playoff game but it sure acts like one you'll be talking more about that too on our show. A -- -- Seattle have one thing in common even though these cities are very very different in many ways I I spent a couple of the years here in Seattle. -- from New Orleans and still to be back home but these cities have. But one thing really in common and that is he rabid. Fanatical fan base so will be talking about that also Seattle is hoping to set a new record for crowd noise tonight in the game against the saints. They held the record the Kansas City Chiefs fans broke the record. And Seattle wants to win that record back and by the way the this is an outdoor stadium and so is Arrowhead Stadium -- in Kansas City. I would like to think that in the Mercedes-Benz superdome we can break the record and we will have a perfect opportunity to do that no matter what happens in Seattle tonight. I think it's time for us right now. To start focusing on the Sunday night game against Carolina Panthers this coming Sunday in the Mercedes-Benz superdome. Let's set the record and that would that would have to worry about -- because if we're in an indoor stadium we should have the record. Now we think with a lot of stands by it apparently. We're not aware loud and you know we might be consistently louder. Over the course of the game than other stadiums but it would be nice to have that record even though that doesn't nearly -- this much is the record on the field. The Seahawks are ten and one saints are nine and two. -- -- saints are in second place behind the Seahawks in the NSC so again the system. This is a very very important game. Is it time now to start talking about the saints. And the playoffs we'll get into that later in the should also add to 1115 our time. We're gonna take you -- to Seattle we're going to be on the year on radio station in Seattle and they're going to be in the year here in New Orleans and we'll talk about the game with a radio station. In -- is coming out to about 1115 here on WWL. But the first thing we wanna talk about this morning is an interesting case in. During the George Zimmerman Trayvon Martin's case. And -- some trial. A talked about this other case in Florida didn't fall stand your ground actually he didn't involve stand your ground but. The defense attorneys were trying to invoke the stand your ground law but the judge did allow. It's a case of a woman named Marissa Alexander. And she fired a warning shot. That she said was. Too. To frighten her husband. Who was attacking her. And her kids and if she felt like her life which threatened. But the judge Stewart out instead stand your ground doesn't apply here. So the question is should the stand your ground law in Florida or anywhere should that also. Include firing a warning shot Dave Newman that George is quite often here in -- of you real he -- with concealed carry Nolan. And an NRA certified pistol instructor registered with the Louisiana state police state good morning welcome. Good hey this is a really interesting case this woman is now. Is now out on bond she's gonna get a new trial she was sentenced to the mandatory twenty years in prison. And a lot of people thought that she was just trying to protect yourself by firing a warning shot. But I understand that this might be somewhat of a confusing issue -- let me get your take -- Well. The reason why it's certainly Robert standard ground claim. From what I understand it. She left the house to go to the court to get economy and came back. So that clearly makes it -- -- your ground situation could stand your ground and were -- security retreated from all to go to the caller. And then she came back with our. So. I could see why the prosecution -- -- that they can group and chants and she came back with a gun. Yet you know she might have wanted to teach him a lesson and and sometimes that happens a teacher -- invited to scaring him by firing a warning shot. -- that was the really interesting thing about the hold their -- during the trial. I if he if he could've gone to his car should be going to his card that was the big controversies -- Did he have the ability to retreat although stand your ground doesn't require that you retreat. Yeah that's true our. Birdie at the same time. Well I mean. Let me back up just one little -- And Marc -- about overly emphasized that 90% itself sent -- awareness and and before you find yourself in a confrontational situation should be used awareness to -- the situation around you all are. So that you are aware there is an ability to retriever or if there is a gentle right around so. That you're prepared. What you actually encounters that -- or that things began to escalate testing as -- really -- -- any kind of confrontational situation so. The more you can prepare yourself even if it doesn't. And you know I'm saints and you can -- -- -- on -- You don't find yourself at a disadvantage. And are you personally that without stand your ground. We are requiring people or in in a life threatening situation that has been thrust upon them by someone else to the aggressor. To stop and assess the situation. Which I admit they should probably just earlier on our preacher -- -- but. We we're requiring them pull against a higher standard. -- -- citizen and the person who's the aggressor. And him were erring on the side of the aggressor and not -- at. -- stand your ground laws are in you know I've talked about this before -- could be he would get a sense nets in the minds of some people against people. On. A motive to shoot rather than retreat because the law it's my understanding of the stand your ground laws. You or do you always had a right to defend yourself even with lethal force. But you also had the -- -- the obligation to retreat if necessary but the stand your ground -- -- here in Louisiana and Florida and across the country. Remove that requirement to retreat. Does that encourage people to use some of violent force if they don't need to. I don't think it for a while ago I don't -- dollars. I think it is removes. One part of the equation that. Of them have met and got the the ability to retreat is at record and properties you after that whether the use of biblical appropriate or not -- that's which remains focused to meet should be. Updated its -- situation. We're quiet and I used this firearm. Whatever it is I mean -- more than -- sell arms and firearms is just one. And and he should be your focus should be on once it up on. The other -- Iran saying it two cents. It's retreat was as an option now I'm being trucked into the situation. I'm an -- hit my idol person who's attacking me who is the aggressor and that would put me at a disadvantage. Yeah I do think of the situation I -- in involved in last year in the CBC and there was no opportunity to retreat saw but I guess that would have been justified in. Firing. Yet you and and and him but let's focus -- on the potential attacker what -- back. Did the less likely you are to respond in the manner that will -- your life at the Asian that the enemy state. Unit that you have to you have to be able to respond quick enough. Either in America which is self defense -- that is even if we take our the equation just talk about major cities or something else. If you are not respecting the situation. Properly what's going on it's forced the threat is concerned not about retreat we're talking about just let. -- not to respond in a manner that considers. Dave I know we'll be talking about this is this trial comes up on -- Alexandra is going to be there's also there's another case this is in Duvall county -- Jacksonville Florida area. There's another case in Duvall -- involving a man. Who shot and killed a teenager he was getting -- And he. Was upset with the loud music and some of the things that were being sent in the car across the -- from him fired in the car. Claiming that he saw a gun he's using stand your ground that's going to be an interesting trial that I think may come up before the end of the year. And will be following that as well I'm sure will want we'll be talking to you thanks again for your expertise. -- breakthrough like Dave Newman with concealed carry Nolan and NRA certified. Pistol instructor registered with the Louisiana state police. I'm -- it for Garland were coming right back with more there's.