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View Diary: Michael Dunn, the Murderous Bullying S.O.B. that the Jury Hardly Knew (199 comments)

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  •  Please forgive my ignorance... (1+ / 0-)
    Recommended by:
    pitbullgirl65

    I've read that he was convicted of murder in the 2nd degree (or something to that effect) but not murder in the 1st degree. I've read posts saying he'll be put away for the rest of his life but it seems that this isn't the case.  Does this mean he is not going to prison? Does it constitute a mistrial?
    I'm sorry to have to ask.

    •  He was convicted (9+ / 0-)

      of three counts of ATTEMPTED murder. He has not been convicted of murder.

      "Much of movement conservatism is a con and the base is the marks." -- Chris Hayes

      by raptavio on Sun Feb 16, 2014 at 10:51:49 AM PST

      [ Parent ]

    •  You aren't alone. There seems to be a lot of (4+ / 0-)
      Recommended by:
      Vyan, Lying eyes, aitchdee, peacestpete

      confusion and a little bit of making things up.

      Dunn was found guilty of
      Three counts of attempted murder in the second degree (FL §782.051) for shooting at Kevin Thompson, Leland Brunson, and Tommy Storns, the three friends with Jordan Davis in Storns’ SUV

      Throwing a missile into an occupied vehicle (FL §790.19) for firing into the SUV in which the boys were riding.

      The jury deadlocked on the 1st degree murder charge.

      I'm not sure why people think the jury could have decided on their own to find him guilty of something he was not charged with (murder in the 2nd degree).

      •  I'm somewhat wrong by the way. (7+ / 0-)

        Apparently, lesser charges were included in the jury instructions as a possibility if they couldn't agree on murder in the first degree.

      •  One more time: the reason people know (3+ / 0-)
        Recommended by:
        JVolvo, aitchdee, a2nite

        he could have been convicted of second degree murder or manslaughter is that those options were  in the first degree murder charge as lesser includeds.  The jury hung on all three.

        As you rightly stated he was found guilty on the three attempted murder charges and the firing into a vehicle.

        Proud to be a Democrat

        by Lying eyes on Sun Feb 16, 2014 at 11:55:07 AM PST

        [ Parent ]

      •  It's my understanding that the 1st degree (3+ / 0-)
        Recommended by:
        aitchdee, ahumbleopinion, wishingwell

        murder charge automatically includes the lesser charges of 2nd degree murder and manslaughter. That's why there was speculation as to why the jury was deadlocked. Some said perhaps they couldn't agree between 1st degree and 2nd degree, or 2nd degree and manslaughter.

      •  Because in Florida you can convict on the lesser.. (2+ / 0-)
        Recommended by:
        Kristina40, a2nite

        ...included offenses and the judge so instructed the jury...he did NOT have to be charged with 2nd degree or manslaughter in order to be convicted of the same as they are the "lessor included offenses" in 1st degree murder.  I know this is somewhat difficult for non-lawyers to understand and perhaps the jury, or at least one member of the jury, had the same difficulty you have in understanding that.  And, yes, I am a lawyer.

    •  Thanks for putting up with me. (4+ / 0-)

      Charles Hendrix sums my own view up nicely in this quote:  

      "I don't want to have a confrontation with anybody when I have a gun, anybody that does is predisposed, in my opinion, to kill somebody."

    •  It's somewhat complicated (3+ / 0-)

      Dunn approached the SUV from which the loud music was coming.  He got into a shouting match with one of the young men in the SUV, went back to his car, got his pistol, fired into the SUV killing one young man.  Dunn claimed he got his gun because he saw a shotgun in the SUV and was afraid for  his life.

      The young men in the SUV sped away at which point Dunn fired several shots at the fleeing SUV.

      He was charged with 1st degree murder for killing the young man.

      He was then charged with attempted murder and a few other similar charges for shooting at the fleeing SUV.

      The jury could not reach a verdict in the 1st degree murder charge because -- apparently -- some jury members bought his self-defense argument.  The judge declared a mistrial on this charge -- he can be re-tried on this charge.

      The jury found him guilty on all charges associated with shooting at the fleeing SUV.  It appears their thought was, if the SUV filled with young men was fleeing, there was no longer a threat to Dunn and he could not use that defense.

      He faces a lot of jail time because he's convicted of several counts of attempted murder -- one count for each person in the fleeing SUV -- along with other charges that stem from his shooting at the fleeing SUV.

      Hope this explanation is not too confusing.

      •  There are a lot of other possibilities (1+ / 0-)
        Recommended by:
        dhajra

        other than a juror buying his self-defense claim.

        The underlying theme in these diaries is that one or more jurors deadlocked on the murder charges because they were racist.

        Now this DOES happen in Florida.

        But I do not believe the racists is Florida would have voted to convict him on attempted murder charges at the same time.

        That would make no sense.  They would have deadlocked all charges.

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