Saturday, February 15, 2014

Mistrial declared in case of Florida man who shot teen to death over loud music.

Courtesy of NBC News:  

Jurors on Saturday found a white Florida man guilty of three counts of attempted murder and one other charge for the fatal shooting of a black teenager over loud music, but a mistrial was declared on the most-serious charge against the defendant — first-degree murder. 

The jury convicted Michael Dunn, 47, of three counts of attempted murder in the second degree and one count of firing a deadly missile into an occupied vehicle, but deadlocked on the first-degree murder charge, prompting the judge in the case to declare a mistrial on that charge. 

Sentencing on the other charges was set for the week of March 24. Dunn still faces 60 years in prison on the lesser counts. He could face a retrial on the first-degree murder case, which could bring a sentence of life in prison if he was convicted. 

Dunn argued he was acting in self-defense when he shot at an SUV 10 times while parked next to four teens at a Jacksonville, Fla., gas station in November 2012. 

The shots killed Jordan Davis, 17, of Marietta, Ga.

What in the hell is the problem?

The man killed this unarmed teenager in cold blood for playing his music too loud.

I can tell you right now, with no equivocation, that if the roles had been reversed that Jourdan Davis would be on his way to prison for first degree murder and that the jury would have had no problem finding him guilty.

They should stop calling is "stand your ground" and start calling it what it really is, "a legal excuse to kill black people."

75 comments:

  1. Anonymous4:06 PM

    I have no words for this travesty of justice! I do pray that he gets the full 60 years and is retried on the first degree murder charge. What does it take to be found guilty of first degree murder in Florida, other than being black or brown? Obviously, white gets a free ride there!

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  2. Anonymous4:08 PM

    I just came on line and saw this. Wow. Hard to find the words. This is just so wrong. This man shot that youngster and killed him for no reason other than his claim that he saw what he thought was a gun - or maybe a stick - what the heck!!

    Pat Padrnos

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  3. Beldar J Conehead4:12 PM

    Dont forget this is Florida where he still faces serious penalties for hunting black teenagers out of season and without a hunting permit.

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  4. angela4:15 PM

    No justice in Florida if you are a young black man. Bastards.

    ReplyDelete
  5. Beldar J Conehead4:17 PM

    He wouldn't have said anything about the music if he hadn't had a full clip - plus one in the chamber - of Sunshine State vitamin C, aka 9mm artificial courage.

    ReplyDelete
    Replies
    1. Anonymous4:55 PM

      Exactly, Beldar.

      Delete
    2. Anonymous5:56 PM

      Someone had taken down his license plate number as he left the scene...he'd have been caught and tried anyway.

      Delete
    3. Anonymous6:11 PM

      what this moron did was pure evil and should never see the outside of a prison for the rest of his miserable existence.

      BUT, personally, i can't stand booming "music" coming from other peoples vehicles, or if in my neighborhood, neighboring houses. Hate it just as much as the metal halide headlights and foglights more and more are putting in their vehicles all burning at the same time blinding everybody that are oncoming.
      Halide car lights used to be illegal but magically somehow aren't anymore, just like the useless muni ordinances ( in Anchorage anyway ) pertaining to loud "music" coming from vehicles... WTF !

      Bottom line, respecting others has become a long lost quantity.

      Delete
    4. Anonymous6:44 PM

      Make that the Gunshine State...

      Delete
  6. Anonymous4:26 PM

    I need to respond more calmly - he was found guilty of three charges and does face prison time for those charges. However, since 1st degree murder to be true, the crime must be premeditated. Since this charge was voided as a mistrial, he can now be charged with 2nd degree murder which does not require premeditation and I believe this charge could/would stick. This is not over. I hope that he spends the rest of his life in jail for his actions. There are consequences to murdering a young black man just because you are an old, white guy who is fearful. I am an old white woman who does not carry a gun to ensure that I can blow away anyone who scares me. I have choices: I can ignore the kids next to me as kids being kids (had three boys myself), I can leave if it bothers me too much, but I sure as hell would not shoot someone!

    ReplyDelete
    Replies
    1. I was about to post the same information until I read your post. First degree murder requires premeditation, which I doubt the prosecutors could have proven -- it's a tough thing to prove in a case like this.

      Second degree, as you pointed out, DOESN'T require proving premeditation, so I'm with you. I hope they retry him with that as the charge.

      The three charges he was found guilty of could bring a sentence of as long as 60 years..... but I doubt he'll get that sentence.

      After all, he is white and the young man he killed was black. To be honest, I'm surprised he was found guilty of anything by a Florida jury.

      Delete
    2. Anonymous4:51 PM

      The jury wasn't bound to the 1st degree charge. Their instructions allowed them to go with a lesser charge of 2nd degree murder or manslaughter. I don't understand why they didn't do that.

      Delete
    3. Anonymous5:05 PM

      If I understand it correctly, the attempted murder charges that he was convicted on require mandatory 20 year sentences to run consecutively. The 5th charge of firing into the vehicle carries a 15 year sentence but I don't know if it's mandatory.

      That the jury couldn't come up with guilty on the first charge is terrible but at least he'll spend 60 or 75 years in jail.

      Delete
    4. Anonymous5:33 PM

      5:05 That the jury couldn't come up with guilty on the first charge is terrible

      I believe that is because they would have to prove premeditation, and couldn't.

      Delete
    5. The jury had the options of lessors - 2nd degree murder or manslaughter. Because they have not spoken no-one knows where the conflict arose - although some think it may have been one or more jurors saying not guilty of all the options.

      I had doubts about 1st degree - but could have instantly voted for 2nd degree .

      Jumping in to say it was overcharged is like the RWNJs saying it was self defense - no basis to the truth.

      Delete
    6. Anonymous6:48 PM

      They had to have 12 agreeing on the 1st, 2nd degree murder or manslaughter. If the jury were split between 1st and 2nd-- then it is a hung jury. I guess people felt strongly about where they were on the vote and they weren't going to go higher or lower than what they believed in, just to get a guilty verdict.

      Delete
    7. Anonymous4:37 AM

      You wonder why the prosecutor asked for 1st degree knowing that he could not prove premeditation. If the charge had been 2nd degree murder, it would have been likely that Dunn would have been found guilty on all counts. At any rate, at least he will serve serious prison time and is not on the loose getting his name in the tabloid press like G. Zimmerman. I hope that a retrial on the first count could not void the findings on the other counts. This man should not be free to walk the streets of any town in any state again. His crime is just another reason why I have no wish to visit Florida ever.
      Beaglemom

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    8. Anonymous7:03 AM

      Well, the jury had the latitude to find him guilty of second degree murder, manslaughter, etc, aside from 1st Deg. IMO...there was one holdout of the white men on the jury who sympathized with the gunman, that there "might" have been a gun. I think we'll learn that shortly as the jurors end up on CNN, etc.

      Delete
  7. Anonymous4:28 PM

    I don't really see how that was arrived at either. I've sat on several juries, one murder trial. It was gang related. Not sure if it had to do with the great public prosecutor or not, but it was easy to arrive at consensus for indictment on first degree murder. It took less than a minute for everyone on the panel to raise their hands.

    What city in FL was this in? Oh, Jacksonville. Weird. My ex fiance is from there. hmm Surprising that happened. Though parts of Jsonville are incredibly shady. It's a HUGE city, the biggest in the country (as big as the country.)

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  8. Anonymous4:28 PM

    Another victory for the 2nd Amendment
    Stand your ground

    ReplyDelete
    Replies
    1. Anonymous4:47 PM

      And another failure the Founders are rolling in their graves over.

      Delete
    2. Anonymous4:51 PM

      4:28 PM Victory? Your Punk Trolling Ass is sick. Shame on the Tramp who gave birth to you.

      Delete
    3. Anonymous5:55 PM

      You stepped on your own dick again troll.

      Delete
    4. I hope you are next.

      Delete
    5. Rejoicing in the death of an innocent teenager. Roast in hell, you vile scum.

      Delete
  9. That is exactly what this says. Black teenagers are threats just sitting in their vehicle listening to loud music. How long did it take the girlfriend to get the wine and crackers? Five minutes? He couldn't roll up his window and ignore them? Never will I go to Florida. Never.

    ReplyDelete
    Replies
    1. He choose to park next to them - he didn't have to do that - wanted to assert his white privilege and teach them "respect". Now a boy is dead, and Dunn will probably spend the rest of his life in prison.

      I thought all those stand your ground/self defense rules didn't apply if you were the person who provoked the incident - maybe the prosecutors could think that through next time.

      Delete
    2. Anonymous7:21 PM

      the defense did not use Stand Your Ground in this case

      Delete
    3. Anonymous7:06 AM

      According to CNN, the self defense instructions to the jury include a version of stand your ground, ie the standards behind the stand the ground law. So, although it is not technically a "Stand your ground" defense, nor was Zimmerman's, the jury has to take the stand your ground aspects into their deliberations.

      Delete
  10. Anonymous4:31 PM

    This just made me sick! I thought the prosecution did a horrible job...watched the entire trial. Letters have been released written by Dunn while in prison showing that he is a racist! Why wasn't this information introduced at the trial?

    This is the same prosecution that handled the Zimmerman trial...they didn't bring 'race' into either trial.

    I feel for the minorities in America...we do NOT have a justice system that works for them!

    At least we know this guy will die in jail with the sentencing he'll get for these other charges.

    ReplyDelete
  11. Anonymous4:37 PM

    At 47 years old, Dunn will receive a minimum sentence of 20 years on 3 counts to be served consecutively. He will virtually be in jail until age 107. He still might be convicted of 1st degree murder, however it is a tough stretch to convict him of 1st degree. The Prosecutor should have filed for 2nd degree murder.

    ReplyDelete
    Replies
    1. they DID file 2nd - and manslaughter

      Delete
  12. It’s a type, older, white, male, heavy and usually with blue eyes.

    “Privileged insights into the bloody obvious.” (Benny Hill)

    ReplyDelete
  13. Anonymous4:40 PM

    Floriduh! Funnily enough there is a twitter tag "florida man" and Fark has an entire genre called "florida". It's like a giant puss bubble that is growing off the bottom of the already infected south lands of the US hat collects every miscreant as they flow down the east coast. My granny lives in a gated community in south Florida and whenever I go visit I literally never leave the gates. She has a pool, a beach and I collect whatever groceries and booze that I need for my week and stay behind those gates with the 2 full time security staff. That is one scary state!

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  14. Anonymous4:44 PM

    The jury was willing to find Dunn guilty of attempted murder, surely he's guilty of the actual murder. Seems like there had to have been prosecutor error. Angela Corey needs to step aside and give the retrial to someone who really wants to get justice for Jordan and his family.

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  15. Anonymous4:46 PM

    Florida is, without question, one of the most fucked-up places on Earth.

    ReplyDelete
  16. Hugh G. Rection4:56 PM

    I lived there for 6 years, and can vouch for the fact, that florida is the most fucked up place on the planet earth.

    ReplyDelete
    Replies
    1. Anonymous10:09 AM

      Hey Hugh G,(is it real or wishful thinking?) love a good sense of humor. I'm enjoying seeing the humor slowly creeping back, finally. I thought America had lost it for good.

      Thanks for the giggle, always appreciated.

      Delete
  17. Anonymous5:18 PM

    Another trial that is coming up is the "popcorn murder" where a 71 yo white man got into a disagreement when a 43 yo white man was texting during the previews. The theater had only 25 people in it - the old guy could have moved but he chose to kill instead and claimed that he was afraid. He also claimed that the younger man hit him but surveillance camera showed he wasn't hit. The Stand Your Ground law is a license to kill if someone doesn't instantly obey. Obviously it's much worse for black kids than it is for anyone else. It's going to be interesting to see how that white on white trial turns out compared to the Zimmerman murder and now the Jordan Davis murder.

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    Replies
    1. Anonymous7:08 AM

      Boy, this is one I don't understand at all. Excluding any use of force at all, I can understand someone getting a little upset at someone talking loud into a telephone, even during the previews. But silent TEXTING?

      Delete
  18. Anonymous5:20 PM

    I wish people would know some law before spouting facts about what should have happened.
    1st Degree murder requires premeditation, which is hard to find.
    The racist letters would probably not be admissible - that's why the prosecutors didn't enter them in evidence. He's not charged with being a racist. It's not illegal to be a racist. (it is immoral, I'm not defending the guy, just his rights to be a horrible person)

    As for whether to retry him? I don't know. he's going to die in jail as it is. Is it the best use of limited resources to try him?

    I'm glad he's going to jail. I'm sorry he wasn't found guilty of 2d degree murder.

    ReplyDelete
    Replies
    1. Speaking of people who would know some law before spouting facts

      The jury could have convicted on the lesser charges of 2nd degree or manslaughter - that was part of the charge.

      Delete
    2. Anonymous6:41 PM

      I'm thinking that at least one hardy juror was holding out for 1st degree murder. If it had been me, I think I would have caved just to get the conviction on the lesser charge, but I can understand why some juror would be determined to do what they saw as justice for that teenager.

      Delete
    3. I think it's more likely that one or more jurors were holding out for not guilty - because "the black kid should not have been disrespectful". Quite likely that no-one thought it was 1st degree - but disgusting that anyone thought it was justified.

      Delete
    4. Actually, in Florida, 1st degree murder requires either proof of premeditation OR of INTENT to murder.

      The fact that this ass got out of his car, went & engaged with the kids, then went back to his car, unlocked the glove compartment & got his gun, went back & fired 10 shots, continuing to fire as the kids frantically drove away, to me proves both intent and premeditation.

      Florida is a dismal swamp of humanity. I feel for the intelligent people living there.

      Delete
    5. Anonymous4:42 AM

      Unknown at 8:33 pm. I did not know about the "intent to murder." To my way of thinking, Dunn clearly intended to kill as many occupants of the car as he could. I'm glad he's going to prison and not left free to grift forever but justice was not completely served by that jury.
      Beaglemom

      Delete
    6. Anonymous7:10 AM

      That's the only consolation. Assuming he doesn't win some reprieve on appeal, he'll be in prison for the rest of his sorry racist disgusting life. I guess they just give out those concealed carry licenses to whoever wants one.

      Delete
  19. Anonymous5:49 PM

    This guy deserves to be in jail the rest of his life at the least.

    But in other news, in California, a Federal court threw out California's concealed weapons law as unconstitutional, and rightly so. California's law places an undue burden on people wanting to protect themselves. I thin the Supreme Court will uphold this ruling as they have already ruled that police have no duty to protect you from danger.

    ReplyDelete
    Replies
    1. Anonymous6:10 PM

      In other news, gun owners voluntarily submit to training, inspections and mental health monitoring, because "responsible" and gun fondling penis compensation go hand and hand.

      Delete
  20. Anonymous6:01 PM

    I agree with you Mr. G. It is legislated open season on our black youth. Unconciencable!

    themom

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  21. Agree with you G. Another justified murder of the black youth in this country.For freedom!!

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  22. Anita Winecooler6:31 PM

    And to add insult to injury, CNN is going to interview George Zimmerman. Screw You, CNN.

    I watched a bit of this trial on television. The man's a psychopath. He smirks when he says things he thinks help him and holds back laughs when the prosecutor is demonstrating the path of the bullets through the doors of the vehicle. I've come to the conclusion there's something in the drinking water in Florida. Casey Anthony, George Zimmerman, and now this guy.
    I think the problem is twofold. They deliberated 33 hours over four days, are probably stuck on the "premeditation" bit - So difficult to prove with a loaded weapon and extra ammunition in one car, claiming he saw a rifle that was never found pointed at him, and it's a holiday weekend AND valentine's day.and some jurors can't miss that,

    We need to seriously boycott the entire state and their products. Justice delayed is justice denied especially if you're a teen of color in Florida.

    ReplyDelete
    Replies
    1. Anonymous6:52 PM

      FL requires the 12 jurors to agree on 1st or 2nd degree, and they were split, and neither side wanted to go higher, or to go lower than the charge that they believed he was guilty of.

      Delete
  23. GMAFB. It's open season on young African-Americans in fl. I don't understand why it was so hard, for the jurors, to see thru dunn's obvious lies. Gawd he made me sick when he took the stand and was answering questions like a smug, arrogant, lying racist asshole punk.

    I don't see why the juror couldn't prove premeditation. dunn did go to his truck to retrieve his gun...he had time to think of what he was going to do which was shoot to kill those smartass ni***rs (who had a way better ride than his) any one of them he didn't care, it didn't matter to the fuck dicwad.

    syg is a joke. It's use as a roost to kill people of color. Just as zimmerman went hunting for bloody trouble, so did dunn. dunn also had illegal nunchucks in his truck. Fuck Fl., fuck dunn.

    dunn isn't one bit remorseful. he went home ordered a pizza, walked his dog, probably fucked and went to sleep.

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    Replies
    1. Anonymous9:00 PM

      And now he will die in jail.

      Delete
    2. Anonymous7:13 AM

      He'll probably get privileged status in the slammer, to protect him from........ The guy is only 47, that means a good 30 years at least to wonder if the guy in the next shower is bearing a grudge.

      Delete
  24. Anonymous8:02 PM

    I watched the prosecutors press conference, she said she is re-trying the guy on first degree because that is the indictment the grand jury handed down. She also stated that no "Stand Your Ground" motions had been filed by his defense. He's 47, he will probably never get out of prison, where he belongs.

    TexasMel

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  25. Anonymous8:30 PM

    Shocking Interview With Michael Dunn's Neighbor, Who Describes Him As A Violent Liar

    His next-door neighbor describes violent behavior, lies, insurance fraud, cocaine use, bragging about putting a hit out on someone, and a first wife who said he'd held a gun to her head and threatened to kill her. He says Dunn bragged that he was smarter than everyone else and could outthink them.

    Maybe the most chilling thing I've ever heard.

    http://crooksandliars.com/2014/02/shocking-interview-michael-dunns-neighbor

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    Replies
    1. Ailsa5:02 AM

      I'm listening to this right now. It is horrifying if indeed it is true. There is a lot of detail.

      Delete
  26. Anonymous8:32 PM

    David Brooks Finally Admits That There Is No 'Tea Party'

    David Brooks finally admits something we've known for years... that the "tea party" is just the Republican base that's always been with us.

    http://crooksandliars.com/2014/02/david-brooks-finally-admits-there-no-tea

    ReplyDelete
  27. Anonymous9:24 PM

    While I agree that the “no verdict” on the murder charge was wrong, I think it is too easy to say the jury did not do their job. In fact, I think they as a whole they did a good job under very difficult circumstances and the bad laws that exist in Florida.

    It only takes one person on a jury to say, “I don’t agree” and there is a hung jury with no verdict. In this case it is very likely that one or possibly more people took that stance on the murder verdict which many of us feel should have been reached. They could have taken that stance on all the charges.

    One element that might have been critical was that the jury asked to see the dummy that was provided at trial showing the trajectory of the bullets that killed Jordan Davis. As I understand it, the judge ruled that they could see it only if both the defense and prosecutors agreed that they should be able to see it. That ruling seemed a bit strange since it was presented as evidence at the trial, but again as I remember it, the defense said no and so the jury couldn’t see it. I presume they were not told which side said they could not see the evidence they thought they needed to do their job.

    Reading latest accounts, it seems that the evidence supported the fact that the bullets that killed Jordan were shot through him while he was laying on the back seat, not opening the door as Dunn said.

    Having been on a jury recently, although nothing like this, individuals pick up on and remember different things, so it is possible that several jurors remembered enough of the testimony about the trajectory of the bullets to feel that Dunn’s account of the events was not true. However jurors who do not remember the specifics about testimony about such things as the trajectory of the bullets are usually reluctant to rely on the recollection of other jurors, particularly when they seemed to support a guilty (or not guilty) verdict that they are not ready to share. So it seems that they asked to see the evidence that was presented a trial and were denied that evidence. As a result, no agreement.

    The whole jury could have said, we can’t come to agreement so our job is done. But they didn’t. They continued to work and agreed to find Dunn guilty on 3 counts of attempted murder and one count of firing into an occupied vehicle. Together these could bring serious prison time, but we will know that only until sentencing. If he gets concurrent times, it amounts to a slap on the wrist.

    Most importantly, the jury found Dunn guilty of most of the charges surrounding his “parking/music rage”, clearing the way for a more focused prosecution of the murder charge which I truly hope will take place. Everyone needs that to happen.

    ReplyDelete
  28. Anonymous1:28 AM

    On Crooks & Liars there is an interview with a neighbor of Dunn's. Sounds as if his problems go back a ways.

    Pat Padrnos

    ReplyDelete
  29. Anonymous3:12 AM

    I had a Facebook friend "un-friend" me when I voiced my support of Travon a while back. She said he was trouble waiting to happen. Her posts are public, so I went to her FB page just now. She is very upset that this man has been found guilty of anything relating to this MURDER.

    Her quote: "I am also quite sure that the kid was probably a trouble maker and it was a matter of time before he got himself into trouble. If more people took action against this type of behavior, the loud rap music, their blatant disrespect for all whites (we were here 1st) then OUR country would be a better place to raise our children. I STAND BY MR. DUNN!"

    I thought I was going to be ill reading this from a person I actually considered a friend. I had no idea she thought this way. Sick. And yes, she lives right here in Florida. Hell, I am fearful living here because I have crazy conservatives give me grief, yell at me and call me names because I drive a Prius! I keep my mouth shut and move on as it wouldn't surprise me if one of these idiots took a gun out and shot me because I am a white Liberal.

    ReplyDelete
    Replies
    1. Anonymous8:10 AM

      In 2008 I scrubbed my facebook page of a few racists. I never felt better.

      Delete
    2. Anonymous10:34 AM

      3:12, (we were here 1st) Not much can send me into a rage faster. That attitude has made me nauseous since I was six years old.

      The arrogance, the ignorance, the uneducated, the over religified. Who are these freaks? I don't get it, I never will. Maybe that's because I KNOW who was here first. Willful ignorance isn't pretty.

      Thanks for sharing. Be aware and stay safe.

      Delete
  30. Anonymous7:28 AM

    Although I would have preferred that 1st deg murder would have been agreed upon, I am happy that all 12 would not go along with a "not guilty", and that he will be retried, with the emphasis on that one charge, ie the killing of the boy. If just one of those tearful, publicity seeking jurors in the Trayvon Martin case would have held out against "not guilty", then Zimmerman might be preparing for another trial instead of marketing himself as wiling to celebrity box.

    ReplyDelete
  31. I never knew there were so many scared people...
    syg
    shoot your gun.
    no question asked.

    ReplyDelete
  32. Anne In DC8:29 AM

    While I'm glad he was convicted on 4 of the 5 charges, he still should be retried for murder. I believe that 2nd degree murder would be easier to prove than 1st degree murder. He was already behind the wheel while intoxicated, and armed with a sense of entitlement that white racists have as well as with a gun. His pride was hurt because they argued with him, so like another coward named George Zimmerman, he decided to settle a confrontation HE started with a gun. Although I don't think he started out deciding to kill anyone, he definitely showed a depraved indifference to human life for those kids as well as anyone else who was nearby. Unlike George Zimmerman, he doesn't have an enabling father with connections to help in avoid the consequences of his crime. With any luck, he will spend the rest of his miserable life in jail for killing a kid for no reason at all. As for George Zimmerman, any news outlet that dignifies his attempts to capitalize off his notoriety should be boycotted, just as he should be shunned and ignored for the rest of HIS miserable life.

    ReplyDelete
    Replies
    1. Anonymous12:13 PM

      While I am all the compassion in the world for the family of Jordan Davis, I wonder if retrial is the best decision. I imagine it would be the best decision for the Jordan's family. But would it be the best for the community. I'm assuming that the local community does not have resources to spend without consideration of the impact. Most DA offices are too busy, and most budgets are tight. Does it make sense for the community to spend more resources to convinct a man that will be in jail until he dies anyway. If resources are spent on that, then they aren't spent on something else. I can't imagine a local municipality with a surplus.

      I mean no disrespect. Sometimes triage is necessary, even if very very hard. And I don't know the answer. I just know to question it. Maybe the community needs this trial more than they need the resources which will be spent.

      Delete
  33. Anonymous2:48 PM

    They are going to have to keep Dunn under special protection in jail or the minorities will have a field day with him! I sincerely doubt many joyful days his upcoming years.

    I just want to knock his block off every time I see photos of his arrogant ass! I watched the entire trial and think him guilty as hell on the first count!

    ReplyDelete
  34. Anonymous11:39 PM

    Michael Dunn's Neighbor Speaks to Davis Lawyer John Phillips

    www.youtube.com/watch?v=itwx2Vb6aNI#t=146

    Scary. Hope I never get some asswipe like Michael Dunn living near my home.

    ReplyDelete

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