Yet another failed case of Stand Your Ground has made waves in America, after an African-American man was jailed for his part in defending himself against an unprovoked attack.
Michael Giles, an ex-military service veteran was sentenced to 25 years despite the fact that his attacker had openly admitted to attacking him for no reason in court.
Nobody was killed in the incident, but he was jailed despite the fact that he fired his legally registered weapon and accidentally struck, but did not seriously injure, his attacker in the leg.
Michael had been standing outside a club in Tallahassee in Florida, when his attacker along with several other men picked a fight with him.
They also admitted to starting fights with other people at the club.
His attacker also admitted he was angry that someone had interrupted his dance, and wanted to hurt the next person he saw.
It also emerged that the attacker was not fighting alone, state witnesses testified that there were between 30-40 people involved in the brawl.
In court, even the attackers friend had admitted that she was worried that the aggressor would kill or seriously injure someone.
According to Michael Gile’s mother: “My husband and I are proud military veterans, with a combined 40 years of service, and we were proud when our son also chose to serve his country. Michael completed a tour in Iraq and Kuwait and was looking forward to furthering his career in the military, but now all of that has changed.
“We believe that we have raised a good man. He had no prior criminal offenses, no history of violence, and was an outstanding father and Airman. So we do not understand how the state of Florida could sentence him to a mandatory 25 years for defending himself.
“Michael has been trained to analyze threats and believed at that moment he needed to defend himself. He realized that his attacker and his attacker’s friends had the upper-hand in numbers and he could have been seriously injured or killed.”
It was at this point that Michael fired the shot, injuring the attackers leg. That shot was later to land Michael in prison for over two decades.
His mother, said: “Michael was attacked first without provocation, and the fact is that he did not continue firing, and removed himself from the immediate area as soon as he could. Michael was not offered a plea from the state. He was thus charged with aggravated battery with a deadly weapon causing bodily harm and sentenced to a mandatory minimum of 25 years in prison. ”
Jailing Michael, the judge stated “Frankly, I think the 25-year mandatory is overly harsh based on the facts of this case, but that’s what the law requires I do and I intend to follow the law.”
The officer who prepared Michael’s sentencing recommendation, asked that Michael be given probation due to her investigation. She felt that Michael would be an ideal candidate for probation, thus saving taxpayers money. The state rejected her professional recommendation and pushed for the 25 years.
The case echoes that of Marissa Alexander who was jailed for 20 years after firing warning shots at her husband, who had been previously convicted of being violent against her,
It also highlights the racial and financial disparities that exist within the state, after George Zimmerman was found not guilty of shooting dead unarmed black teenager Trayvon Martin.
Michael’s family has since launched a petition on change.org, in a bid to place pressure on local senators to pressure Governor Rick Scott and the Clemency Board to commute his sentence.
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