Mistrial in Florida Loud Music Murder

16 Feb, 2014

A Florida jury convicted a white, middle-aged man on Saturday of three counts of attempted murder for opening fire on a car of black teenagers during an argument over loud rap music, but could not reach a verdict on a murder charge for the killing of a 17-year-old in the car.

Michael Dunn, a 47-year-old software engineer, fired 10 rounds at a vehicle carrying four teens in a Jacksonville gas station parking lot in November 2012, killing black teen Jordan Davis.

The jury deadlocked on the most serious charge of first-degree murder against Dunn, forcing Judge Russell Healey to declare a mistrial on that count.

The failure to reach a verdict on the first-degree murder charge is a blow for the prosecution and the Davis family. But Dunn still faces at least 60 years in jail for the attempted murder convictions against the three other teens, legal analysts said.

Prosecutors told a press conference after the verdicts were read that they plan to retry Dunn, who has been in jail since his arrest in 2012, on the first-degree murder charge.

The jury also found Dunn guilty on a fifth count of firing into an occupied vehicle.

The trial has drawn international attention because of racial overtones and Dunn’s claims of self-defense.

The case has drawn comparisons to the self-defense trial of George Zimmerman, the former central Florida neighborhood watch volunteer who was acquitted last year of murder in the shooting of an unarmed, black 17-year-old, Trayvon Martin.

Attorney Cory Strolla said Dunn and his family are devastated by the four guilty verdicts. “He never saw it coming, not one bit,” Strolla said.

Dunn, who had no prior convictions, testified earlier this week that he began shooting in a state of panic after he thought he saw the barrel of a gun in the back window as Davis started to get out of the car.

Prosecutors said Davis, who had no arrest record, had used foul language when confronting Dunn after the argument broke out, but was unarmed and never posed a physical threat.

Mandatory minimum sentencing guidelines in Florida for crimes committed with a gun mean that Dunn faces 20 years for each of the three counts of his conviction.

“It has been a long, long road and we’re so very happy to have just a little bit of closure,” Davis’ teary mother, Lucy McBath, told reporters. “It’s sad for Mr. Dunn that he will live the rest of his life in that sense of torment. I will pray for him,” she said.

“But we are so grateful for the charges that have been brought against him, we are so grateful for the truth, we are so grateful that the jurors were able to understand the common sense of it all,” she added.

“(Teenagers) shouldn’t have to worry about walking around, worrying about if someone has a problem with them,” said Davis’ father, Ron Davis.

“We don’t accept a law that would allow our children to be regarded as collateral damage.”

The sequestered jury of eight whites, two blacks, one Asian and one Hispanic, began deliberating on Wednesday afternoon after a week of testimony and spent more than 30 hours trying to reach a verdict.

Reuters

Image REUTERS/BOB MACK

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