The second jury came back and found Michael Dunn guilty of first degree murder. Michael Dunn, known as the Loud Music Shooter, for because his complaints about the victims playing music too loudly precipitated his shooting of a car full of teenagers. Dunn and Jordan Davis, the 17-year-old he shot, apparently exchanged heated words at a gas station when Dunn pulled out a firearm and began firing. He killed Davis and was charged with first degree murder, and attempted murder for the other three individuals in the car with Davis.
Michael Dunn mug shot
Dunn argued self-defense at trial, saying he thought Davis had a weapon. No weapon was recovered, and Dunn, instead of calling law enforcement, continued on his trip to another city where he stayed in a hotel room. The jury hung on the first degree murder count in the first trial, but convicted him of three counts of attempted murder, which he was sentenced to 20 years each, consecutively, as required by 10/20/Life. The second jury found him guilty at the retrial, and the first degree murder charge mandates a sentence of life in prison without parole under Florida law.
Dunn will assuredly appeal, but it will be difficult to overturn, as the appellate courts do not usually like to disturb a jury’s findings about the credibility of a justifiable use of force defense. All areas of the trial will be examined to determine if there are errors that warrant a new trial.
Michael Dunn mug shot
Dunn was previously convicted of several counts of attempted murder and discharging a firearm into an occupied vehicle. The first jury hung on the First Degree Murder count, and jury selection for the retrial has begun today. He is claiming justifiable use of force (self defense). His attorneys attempted to move the case due to the local publicity, but the judge declined to do so. He faces a mandatory life sentence if convicted of the final charge. He already faces a mandatory 60 years combined on the charges fro which he has been convicted, but not yet sentenced, which makes the cost of a retrial seem to be not very cost effective. Keep in mind the first trial cost nearly $100,ooo!
Accused killer Michael Dunn mug shot
After three days of jury selection, opening statements were today in the first degree murder trial of Michael Dunn. It’s being referred to as the Loud Music Murder, as Dunn’s complaint about loud music being played by the alleged victim, 17-year-old Jordan Davis, and his friends precipitated the congrontation. What happened next is up for debate, and how much proof the state can provide regarding the next moments will decide the case. The state says Dunn became incensed from the disagreement about the bass, and intentionally shot at the car with the young men. Dunn claims that he was afraid for his life, thought he saw a weapon, and was justified in firing to protect himself.
It sounds like there are some inconsistencies in the witnesses’ different telling of events, which is a hurdle for the state to overcome. No weapon was ever found, which hurts the Defendant’s story. It should be noted that there would have been time for the young men to have disposed of a weapon, or that Dunn could have been afraid for his life if he thought there was a firearm. Still, without a gun, it will be hard for the defense to convince a jury that Dunn was justified in shooting the young man. Also, he drove several miles to his hotel, and never contacted police.
The story has gained national attention due to the similarities to the George Zimmerman, Trayvon Martin case. As in Zimmerman’s defense, a white man shot and killed a young black man. It happened in the same region of Florida, and this case is being handled by prosecutor Angela Corey,
State Attorney Angela Corey
who oversaw the prosecution of Zimmerman. This is also a self-defense case, and no motion to dismiss has been filed under Florida’s Stand Your Ground Law. That’s the Stand Your Ground Motion that people often think of, though Zimmerman’s defense did not argue it, either. Dunn will be helped by the law, because another provision removed the ‘duty to retreat’ requirement. If Dunn was in reasonable fear of death or great bodily harm, he is allowed to use deadly force. He does not have to try to get away under Florida law. It will be up to the jury to determine whether his stated fear was reasonable.
More details on the case can be found on our earlier post, or click the Michael Dunn tag for the full Crimcourts treatment.
Posted in 10-20-Life, Criminal Law, Florida, Stand Your Ground
Tagged #standyourground, angela corey, jacksonville, jordan davis, michael dunn, murder, stand your ground, trial