A man in Florida shoots a man he finds having sex with his wife, killing him. A woman in Florida shoots the wall to scare off an abusive husband, harming nobody. Guess which one was acquitted? Guess which one was convicted?
On March 10 of this year, around midnight, Ralph Wald, 70, of Brandon, Fla., got out of bed to get a drink and found Walter Conley, 32, having sex with his wife, Johanna Lynn Flores, 41, in the living room. He immediately went back into his bedroom, grabbed his gun and shot Conley three times. Conley died. Wald claims that he thought Conley was a stranger who had broken in and was raping his wife -- despite the fact that Conley lived next door, had been his wife’s roommate and lover, and had his wife’s name tattooed onto his neck and arm. During a 911 call, when the dispatcher asked Wald if the man he shot was dead, Wald responded, “I hope so!” Wald never used the word "rape" in later reports to police, opting instead for “fornicate.” And while the fact that the two were lovers doesn't imply consent, Flores has never accused Conley of rape -- nor do prosecutors buy that that's what Wald actually thought was happening. They say that Wald, who suffers from erectile dysfunction, killed Conley in a jealous rage. Flores admits that she and Conley had sex regularly before and after her marriage to Wald. While testifying, Wald explained that his erectile dysfunction and his wife’s reluctance to have sex with him made them compatible: "In fact, she would joke a lot with me … that we were a perfect couple … She didn't want to do it, and I couldn't do it." On May 30, after deliberating for two hours, a jury found Wald not guilty. After the verdict was announced, Wald continued to show no remorse: “If the same thing happened again, I would do the same thing.”
On Aug. 1, 2010, Marissa Alexander, a 31-year-old mother of three, with a master’s degree and no criminal record, was working for a payroll software company in Jacksonville. She was estranged from her abusive husband, Rico Gray, and had a restraining order against him. Thinking he was not at home, she went to their former house to get some belongings. The two got into an argument. Alexander says that Gray threatened her and she feared for her life. Gray corroborates Alexander’s story: “I was in a rage. I called her a whore and bitch and ... I told her … if I can’t have you, nobody going to have you,” he said, in a deposition. When Alexander retreated into the bathroom, Gray tried to break the door. She ran into the garage, but couldn’t leave because it was locked. She came back, he said, with a registered gun, which she legally owned, and yelled at him to leave. Gray recalls, “I told her … I ain’t going nowhere, and so I started walking toward her … I was cursing and all that … and she shot in the air.” Even Gray understands why Alexander fired the warning shot: “If my kids wouldn’t have been there, I probably would have put my hand on her. Probably hit her. I got five baby mommas and I put my hands on every last one of them, except for one … I honestly think she just didn’t want me to put my hands on her anymore so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know. You know, she did what she had to do.” And Gray admits Alexander was acting in self-defense, intending to scare and stop but not harm him: “The gun was never actually pointed at me … The fact is, you know ... she never been violent toward me. I was always the one starting it.” Ultimately nobody was hurt. Nobody died. On May 12, 2012, it took a jury 12 minutes to find Alexander guilty of aggravated assault. She was sentenced to 20 years in prison.
Both defendants used the defense of “stand your ground,” a Florida law that holds that a person has “no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself.” The man who shot his wife’s lover to death was successful and walks free. The woman who shot at a wall to scare an abusive husband failed and sits in jail.
The disparity between these outcomes should be shocking. But, sadly, it's not, once you take into account the fact that Wald is white and Alexander is black. The "stand your ground" law is notorious for being applied in a biased and inconsistent way. The Tampa Bay Times found that defendants claiming "stand your ground" are more successful if the victim is black. Seventy-three percent of those who killed a black person faced no penalty. Only 59 percent of those who killed a white person got off. The Urban Institute determined that in "stand your ground" states, when white shooters kill black victims, 34 percent of the resulting homicides are deemed justifiable. When black shooters kill white victims only 3 percent of the deaths are ruled justifiable.
In light of these trends, the U.S. Commission on Civil Rights voted to investigate whether "stand your ground" laws are racially biased. Twenty-four states have "stand your ground" laws. The statutes, which are backed by the National Rifle Association and the conservative American Legislative Exchange Council, garnered national attention in February 2012 after George Zimmerman shot the unarmed African-American teenager Trayvon Martin to death, in Sanford, Fla. The police decided not to arrest Zimmerman, citing Florida’s "stand your ground" law. After this impunity sparked a public outcry, the police charged Zimmerman -- now he's sitting in court on trial for murder. Zimmerman waived his right to a "stand your ground" pretrial hearing, during which a judge could have dismissed the case under the statute. (Benjamin Crump, the attorney for Trayvon Martin’s family, believes Zimmerman did this to avoid taking the stand.) But it is likely that "stand your ground" will come up during the actual trial. If it does, we will have to see whether the defense is successful. Will Zimmerman end up a free man, like Wald? Or in jail, like Alexander?