Judge Grants Woman Immunity Under 'Stand Your Ground'

UPDATE 3.30.2012 6:45pm by Julie Montanaro

A Tallahassee woman accused of murder has walked out of court a free woman.

A judge today ruled that Ernestine Broxsie was immune from prosecution under Florida's Stand Your Ground Law.

"I was scared he'd hurt me so bad," Broxsie testified.

64 year old Ernestine Broxsie described that morning in November 2008. She says she asked Elbert Johnson about a missing leather jacket and he snapped.

"He was yelling and cursing and everything. He was choking me and everything," she said.

Broxsie says Johnson reached for a 22 caliber gun on the kitchen counter.

"He reached for it and I grabbed it and I just did like this ... and I closed my eyes and I just said please don't hurt me. It's alright, brother Johnson, please don't hurt me. Even so, he just slugged me from every place and I couldn't understand because I had done so much for him," Broxsie said as she shook

When it was over, Elbert Johnson was dead on the back steps of her home on Fred George Lane and she was charged murder.

Prosecutors pointed out Broxsie fired two shots from that revolver.

"The problem is the gun that was used was a single action revolver. In order to fire it, it's gotta be hammer cocked, pull the trigger. Hammer cocked, pull the trigger, prosecutor Jon Fuchs argued. "It takes deliberate steps."

"There's only two people who know what happened and one of them is deceased," Fuchs said.

Broxsie has always claimed self defense. Friday her attorney argued she was protecting herself under Florida's Stand Your Ground law and the judge agreed.

"I do find her to have immunity," Judge Charles Dodson said.

"She was talking about how she had to relive it over and over and I think for this to be behind her and for her to be able to move on with her life, I think she is truly grateful," said defense attorney Jessica Yeary.

Broxsie herself declined to comment on the judge's decision.

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Tallahassee, Florida - March 30, 2012 - Noon

A Tallahassee woman accused of murder walked out of court a free woman today. The judge ruled that Ernestine Broxsie was entitled to immunity under Florida's Stand Your Ground law.

Ernestine Broxsie took the stand today and literally shook as she described what happened in her kitchen back in 2008. Broxsie was arrested that day and charged with murder in the death of Elbert Johnson. He was shot with a .22 gun and died on the back steps of Broxsie's home. She told the judge today that Johnson pushed her to the ground and threatened to kill her and she shot him as the two struggled over a gun. Prosecutors pointed out she shot him twice, but the judge ruled Broxsie was in fear for her life. She defended herself and she should be granted immunity under Florida's Stand Your Ground law.

Broxsie hugged her attorney and left the courtroom in tears.

We'll have her emotional testimony this evening on Eyewitness News

__________________________

March 30, 2012 10:30am by Julie Montanaro

A Leon Circuit judge has ruled Ernestine Broxsie is entitled to immunity under Florida's Stand Your Ground law.

Broxsie burst into tears, hugged her attorney and then walked quickly to the elevator.

Public defender Jessica Yeary says Broxsie feared for life and fought for it. She says Broxsie has had to relive this incident over and over for the last four years.

_______________________

March 30, 2012 10am by Julie Montanaro

An FDLE firearms examiner testified that there were two shots fired by a .22 caliber revolver. He testified that the gun had a very light trigger pull of two and three-quarter pounds. That's less than half the typical weight required.

________________________

March 30, 2012 by Julie Montanaro

64 year old Ernestine Broxsie is asking a judge to drop murder charges against her under Florida's Stand Your Ground law.

Broxsie was arrested at her Leon County home back in November 2008. She was charged with second degree murder in the death of her friend Elbert Johnson.

Johnson was found shot to death on the back steps.

Broxsie took the stand this morning and told the judge she had tried to help Johnson when he got out of jail. When she moved to Central Florida she allowed him to live in her mobile home rent free for a while.

Broxsie says Johnson called her abruptly in November and said he was moving.out. When she came to Tallahassee to retrieve the key, she asked Johnson about a missing leather jacket.

Broxsie says Johnson yelled real loud and it scared her. "It didn't seem right," she said. Broxsie claims Johnson pushed her to the floor and started yelling "I'm going to kill you."

Broxsie says Johnson reached for a gun on the kitchen counter and she did too. She says the two struggled over the gun. Broxsie says she didn't realize she had shot Johnson until she saw him at the bottom of the back steps.

She called 911 and was arrested.

_______________________

2010 -

A Tallahassee woman is arrested and accused of murder more than a year after a deadly shooting.

66 year old Elbert Johnson was shot and killed in the backyard of a mobile home on Fred George Lane back in November 2008.

Tuesday, Ernestine Broxsie was arrested in Polk County and charged with second degree murder in connection with Johnson's death.

She's being held on $50,000 bond.


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  • by Althera Location: Tallahassee on Jun 7, 2012 at 06:47 AM
    SHE STRIKES AGAIN, BUT THANK GOD NO ONE WAS KILLED THIS TIME...I LOVE THAT OLD ASEOP'S FABLE, THE BOY WHO CRIED WOLF... IN THIS CASE IT'S THE WOMAN WHO KEPT DOING WRONG... NO MILTON...GOD IS NOT DEAD AND GOD DOES HAS THE LAST SAY Name: ERNESTINE HAMPTON BROXSIE Get Notified Search for More Arrests Get Original Mugshots View Source Individuals are Innocent until proven guilty in a court of law. Booked by Polk County Sheriff's Office on Jun. 02, 2012 for Battery, Other Gender:FRace:BAge:64 (on date of arrest)Height:5 04Weight:185 Charges:•784.03(1A1) BATTERY-TOUCH OR STRIKE •784.021(1a) AGGRAV ASSLT - WEAPON-W DEADLY WEAPON WITHOUT INTE
  • by Anonymous on Mar 31, 2012 at 11:04 PM
    TELL YOUR GRANDMA TO STOP DOING ROOTS
  • by Milton Woody Location: Winter Haven on Mar 31, 2012 at 07:30 PM
    My Grandma told me to tell yall this for a reason..she said dont judge, she says pray to god that you was not in a situtation like that. she has been called all kinds of names, but BE CAREFUL, because she belongs to god, and no weapon will form againist her. if you dont know LEAVE IT ALONE.
  • by Sonny Location: NOT Tallahassee on Mar 31, 2012 at 03:46 PM
    I'm a firm believer in the "Stand your ground" law. However, I do agree that you should still have to present your case to a judge and jury. Not necessarily arrested and charged, but at least sent before a grand jury to plead your case. If charges are necessary after that, then so be it.
  • by Anonymous on Mar 30, 2012 at 06:38 PM
    this is racist I want to portest up and down the streets.... Oh wait that was a white judge letting a black women walk free... Does he get an award or something? Or do we only talk about racism when we are not happy with the out come I am confused.. WHen can we say racist again?
    • reply
      by Anonymous on Mar 31, 2012 at 04:12 AM in reply to
      this is not racist because it is a black on black crime! the white judge was thinking yes just let them keep getting rid of each other!
  • by Anonymous on Mar 30, 2012 at 06:02 PM
    According to Fla law, this woman has some money coming...776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. >>>>>>>>>>>>(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).<<<<<<<<<<<<<
  • by Tired of hearing it Location: Tallahassee on Mar 30, 2012 at 02:53 PM
    In the meantime a hundred young black males will be murdered over this weekend. I'm sick of hearing about this. I was on Maritns side but now I hope Zimmerman gets off!
  • by Docker Location: C'ville on Mar 30, 2012 at 01:43 PM
    Why keep the name of this so-called judge secret?
  • by Brandon on Mar 30, 2012 at 01:27 PM
    People do you really beleive what you are saying comparing someone in a house they own to someone walking on a public street. No comparison.
    • reply
      by 1stlttightwad on Mar 31, 2012 at 04:35 AM in reply to Brandon
      Duh, both were being attacked.
  • by Vic on Mar 30, 2012 at 01:16 PM
    I wonder if al, jesse and obama will come to town to protest...same circumstances involving zimmerman.
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