Jury selection is set for today in the second trial of man accused of first-degree murder in the death of a teenager during a 2012 dispute over loud music.
Jordan Davis, 17, died after Michael Dunn, 47, fired into the SUV in which Davis was a passenger.
Dunn was previously convicted of three counts of attempted second-degree murder and firing into an occupied vehicle, but jurors deadlocked on the charge of first-degree murder.
He has yet to be sentenced on the charges he was convicted of during the first trial, but faces up to 60 to 150 years in prison.
Apparently the state was unhappy with the first conviction so they are attempting a do-over.
The attorney for the family stated that they hope that this time the jury comes back with a first degree murder conviction.
Now don't get me wrong I think this guy deserves to go away for a long, long time, which he will already do anyhow with just the attempted second degree murder conviction, but isn't trying him twice against the law? I do believe that is called Double Jeopardy.
I am no legal eagle but I did see that Ashley Judd movie like four times.
If the jury was "hung", it can be considered a mistrial, and the trial is considered flawed. Since he hasn't been acquitted (or convicted) of 1st degree murder, the double jeopardy clause does not apply.
ReplyDeleteThis didn't happen 'cuz they didn't like the results; this happened because the trial didn't return a verdict.
Okay thanks. I guess I should have watched more"Law and Order" and fewer episodes of "The Walking Dead."
Delete(Just kidding, I love that show.)
Since he is going away for a long time why waste tax money trying him again? I'm no lawyer, but I suspect it is not the same crime he was prosecuted for before.
ReplyDeleteHe wasn't convicted of any crime regarding the killing of the boy he killed. He was convicted of attempted murder of the boys who were not dead. He fired at the car as it was fleeing the assault. It has been written that he could go away for a long time. Attempted second degree murder doesn't sound like such a bad thing. When they release people for overcrowding they will release the attempted second degree people long before the first degree people.
DeleteIf we did a cost basis analysis in deciding whether to prosecute criminals, we would just send them all on their merry way. It is the cost of living in a safe and civilized society. Justice isn't cheap.
He killed a human being. That's why.
DeleteG, the earlier convictions were for the three others in the vehicle he shot at. The first degree charge is for the one who refused to silence the music and was killed. No double jeopardy in this case since the jury deadlocked on the charge.
ReplyDeleteThere is very little doubt that the jury in the first case was extremely inept. It's impossible to find him guilty of 3 counts of attempted murder and not guilty of the actual murder with a body.
ReplyDeleteIOW, the first jury deadlocked on his guilt on the murder charge while convicting him of three counts of attempted murder and one count of shooting or throwing a deadly missile.
In this case, the jury was hung up on SYG directions, when SYG was not part of the case.
It's a waste of money. He's in jail for life.
They try him again because if the first conviction gets overturned on appeal, he could be out. This makes it more likely he wills tay behind bars - in some ways, it may be better. The first three convictions were teh same trial, so now there will be two trials that would need to be overturned for him to get free (assuming he's convicted the second time). Lucy
ReplyDeleteThey are only retrying him on the charge where a verdict was not reached.
ReplyDeleteOne action can result in many charges. You shoot one bullet into a car with four people and kill 1. It's logical that you can be charged with at least five crimes: 4 counts of attempted murder, 1 count of murder. Plus discharging a firearm in the city limits, etc. They came to no conclusion on the one charge, and the DA can choose to let it go or to try again. He feels he has enough of a case to try again.
If he had been found "not guilty", the DA could not try again.
If they have some white, racists jurors (again) who are not willing to convict a white man for murdering a black man, then the outcome of the new trial will be another hung jury. Dunn testified that he saw some kind of "weapon" and that Davis tried to get out and attack him, and this is just the same situation as with the Trayvon Martin trial. Racism is rampant in that area.
ReplyDeleteWill someone please photo shop Sarah's head on that picture so we can see how she looks in orange.
ReplyDeleteI'm pretty sure there were 4 people in the car he fired into so he was charged with 4 separate crimes. 3 attempted murder and on first degree murder for the boy that was killed. The last one ended with a hung jury so it can be prosecuted again or dropped.
ReplyDeleteTotally different. The jury in the first trial was deadlocked meaning they never reached a decision.
ReplyDeleteAs for Ms Judd in the movie she was convicted and thus could not be convicted of killing the same person again.
First remember we're talking about Florida here. While DJ does not apply in this case it may be that if he were acquitted of 1st degree, then the Judge might consider probation or a grossly light sentence for the other charges, The family should demand the Prosecutor drop the murder 1 and let him be sentenced along guidelines.
ReplyDeleteFlorida? Where Zimmerman got away with murder? Florida? where Casey Anthony got away with murder? Florida? The state that invented pregnant and hanging chads and handed the election to the Governor's brother? That Florida?
ReplyDeleteThey shouldn't have too much of a problem finding a jury of his peers, but I seriously hope they get this one right for a change. The wussy needs life in prison, if I wasn't against the death penalty, bring back old sparkie. Yeah, Ashley Judd was great in that movie, so was Susan Sarandon in "Dead Man Walking".