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.
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.
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.