Michael Dunn in disbelief over Verdict

http://www.cnn.com/2014/02/16/justice/florida-loud-music-trial/index.html?hpt=hp_t1

 

In my opinion, there certainly was enough evidence for a second-degree murder conviction. I don't believe it was premeditated. Prosecutors went for the splash conviction and lost.

 

Dunn and his lawyer tripped themselves up by claiming the kid who was killed had a gun (which has never been found and there is no evidence it existed). The other three kids posed to no threat to him (four guys can't hold a gun at the same time) and spraying the car with bullets with them inside, which he stipulated to, made the three counts of attempted murder a slam dunk.
He's not getting off light, despite the mistrial on murder. I understand the kid's family can rightly point out that Dunn hasn't been convicted of anything related to their son's death but Florida sentencing guidelines call for 20 years on each count of attempted murder, and 15 more for discharging a firearm in public. Dunn will get 75, which is a life sentence for a 46-year-old. There isn't much more than can do to him now.
Were I Dunn's attorney, I'd see if I could cop a plea for manslaughter and add as little to the sentence as possible.

 

No parole in Florida, either. And from what I gather, not just spraying the car with bullets, but spraying it with bullets as they were driving away. Certainly sounds as though if he hadn't done that, the jury was prepared to believe that he was legitimate to think his life was in danger.

 

The boys testified that they were driving away to escape the gunman, and only after driving into a nearby parking lot did they realize Jordan Davis had been shot. They drove back to the store lot after they realized their friend had been shot because it was the nearest place to get help. The defense attorney made a huge deal of this, saying it was the time that the boys used to ditch the gun Dunn said he saw, and the cops didn't bother to search the surrounding area for a gun until two days later.
One problem: Dunn fled before any cops got there, and since he wasn't there to give the "I saw a gun" excuse, they had no reason to start searching for guns. It was only after they found him the next day back in Satellite Beach (3.5 hours from Jacksonville) that the started claiming he saw a gun. They went right back out there. No gun. Of course the lawyer claimed someone went out there overnight and retrieved the gun.

 

How does one claim self-defense when you're in the car and can drive away?

 

Well, it is Florida.

 

The only thing the jury agreed about was that you can't shoot at a fleeing car in self defense.

 

The prosecution did a poor job in my opinion.

 

That's because that district has quite possible the worst state attorney in history.

 

Sentences for multiple crimes often run concurrent rather than being stacked. It's up to the judge. It's not a given he would serve anywhere close to 75 years. That said, my guess is there aren't going to be any plea deals to make except a plea to the full charge. The prosecutors already have him on the other counts and they can argue for a stiff sentence. The retrial is almost like a practice game for the state. They don't have much to lose and no reason to plead. The MIGHT let him plead to murder 2nd but no way would they let him plead to manslaughter. That doesn't even make sense given the facts.

 

Multiple counts of attempted murder in Florida are served consecutively.