GUILTY FL - Jordan Davis, 17, shot to death, Satellite Beach, 23 Nov 2012 #8

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wfgodot

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Argument over loud music led to teen's fatal shooting, cops say (orlandosentinel.com)
A Brevard County man was in jail Monday, accused of shooting a teenager dead in an argument over loud music.

Michael David Dunn, 45, and his girlfriend were in Jacksonville Friday for Dunn's son's wedding when they stopped at a convenience store, Jacksonville sheriff's Lt. Rob Schoonover said.

Jordan Russell Davis, 17, and several other teenagers were sitting in a sport utility vehicle in the parking lot when Dunn pulled up next to them in a car and asked them to turn down their music, Schoonover said.

Jordan and Dunn exchanged words, and Dunn pulled a gun and shot eight or nine times, striking Jordan twice, Schoonover said. Jordan was sitting in the back seat. No one else was hurt.

Dunn's attorney Monday said her client acted responsibly and in self-defense. She did not elaborate.
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more at the link, with pictures

ETA: Media/timeline reference thread - FL - Man alledgely shoots teen over loud music encounter in Park.Lot - Websleuths Crime Sleuthing Community

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Coldpizza

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Michael Dunn guilty on four counts, including attempted murder; mistrial declared on first-degree murder charge

The jury did not reach a unanimous verdict on first-degree murder but on Saturday found the Florida resident guilty on the other four counts in the fall shooting 17-year-old Jordan Davis. The prosecution said they will retry the first-degree murder case.

A Florida jury found Michael Dunn guilty on three charges of attempted murder and firing a weapon into a vehicle Saturday in the fatal shooting of 17-year-old Jordan Davis after a 2012 argument outside a Jacksonville convenience store over loud music.

Read more: http://www.nydailynews.com/news/nat...empted-murder-article-1.1615851#ixzz2tRke5pnC
 

Coldpizza

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Salem

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I'm confused. During the trial Angela Corey talked about remedies for overcharging Dunn? So she admitted that the charges were not justified by the evidence?

I don't think so, that isn't the way I understood it. My understanding of what she was saying is that if the defense thought MD was over charged - there was a process, written into Florida law, whereby the defense could dispute the charges. There was also a process for the "stand your ground" defense. MD's lawyer chose not to file either process.

That's just the way I heard it.

Salem
 

Zuri

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lawyers on this board, can the three boys file civil lawsuits against dunn for anything? tia

I am not a lawyer, but i read that 2 of the 3 kids did file a civil suit. The same attorney that handled the civil suit for the Davis' is handling their case. HTH :seeya:
 

Zuri

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With the charges that he's convicted with today, Dunn will be a very old man before he gets out if ever. That's why I wondered if it's worth the effort to retry him on murder one.

Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO
 

Jax49

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Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO

As a local taxpayer, I'm OK with spending the money for a retrial.
 

Zuri

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Probably not. Lawyers, how long will it be before he's eligible for parole?

Not a lawyer, but watched the JAX4 News Legal Analyst. He said Dunn would have to serve every day of the 20 years, each. The max sentence is 30, min 20. HTH
 

ElleElle

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Yes, they can and at least 2 of the boys did file civil suits.

Civil lawsuits against Michael Dunn settled
Attorney for Jordan Davis' parents confirms settlement

In a text, John Phillips wrote: "We made an offer to settle both cases against Michael Dunn - 1) the estate of Jordan Davis' case and 2) the case of two boys we represent. They accepted the offer in full. We cannot disclose the offer at this time, but it resolved all civil suits in principle."

Read more here: http://www.news4jax.com/news/civil-...tled/-/475880/23767940/-/v61iacz/-/index.html


ETA: BTW I am not an attorney but decided to play one and answer your question anyway. lol

:smiliescale: Good and I hope they got a good settlement. :moo:
 

Boytwnmom

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a very quick and not thorough search of FL cases found this recent case which has a somewhat similar fact pattern although none of the four were killed and the charges were aggravated assault not attempted murder. Now I don't know what kind of discretion the judge has but reports are that Healey is a tough sentencer:

When a defendant with a gun threatens four people and then discharges the gun into the air, the court is required to impose consecutive 20-year mandatory minimum sentences when the defendant is convicted of four aggravated assaults, an en banc Fourth DCA held April 24. Williams v. S., __ So. 3d __, 38 F.L.W. D912 (4th DCA 4/24/2013).

The defendant got into an argument with four others, and he drew his gun and fired into the air several times. The defendant was charged with four counts of aggravated assault, and he was convicted at trial with the jury finding that he actually possessed and fired the gun on each count. At sentencing the issue was whether section 775.087(2)(d) required the court to impose the 20-year mandatory minimum sentences consecutively, or whether the court had discretion to impose either consecutive or concurrent mandatories. In certifying a question to the Florida Supreme Court, an en banc court unanimously held that the statutes requires and does not merely permit consecutive mandatory minimums.

Applying the plain language of section 775.087(2)(d), as interpreted by our supreme court in State v. Sousa, 903 So. 2d 923 (Fla. 2005), we conclude that the trial court was required to impose consecutive sentences.
http://floridacriminallawreport.com/tag/sentencing-firearm-mandatory-minimums/


JMO but I seriously doubt that these sentences will run consecutively (one after another). Believe me, I would like to see them run consecutively. I wish that the murder trial could be moved to another state, like maybe Texas....Just wishing, I know you can't change venue to another state but I can still wish can't I?
 

RANCH

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Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO

I understand needing justice, but maybe closure is best. Is putting Jordan's family through another trial with all of the pain that it means worth it?

I guess that it's up to the family to decide and not me.
 

Boytwnmom

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here there are three separate victims. That makes a significant difference.

Believe what you wish, the fact is Marissa Alexander got 3 convictions served concurrently for the same exact conviction she was on probation at the time.
 

Spellbound

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Zuri

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I understand needing justice, but maybe closure is best. Is putting Jordan's family through another trial with all of the pain that it means worth it?

I guess that it's up to the family to decide and not me.

As a homicide survivor, I don't think there is ever closure. However, justice for your loved one is needed, warranted, and necessary. It is hard to come to terms with the death of a loved one by the hands of another. JMV, IMO.
 

Montjoy

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I was out tonight and unable to keep track of what was happening, but I had guessed that the first degree murder charge would be the sticking point, likely owing to some misunderstanding of the nature/standard of premeditation. Does that seem to have been the case?
 
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