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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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  •  the guy is convicted on 3 attempted murder charges (5+ / 0-)

    lets see what happens on the murder charges.

    •  Exactly. If he gets say 15 years to life... (2+ / 0-)
      Recommended by:
      patbahn, reasonshouldrule

      and the judge runs them consecutively, he's never goona see daylight again.

      Fiat justitia ruat caelum "Let justice be done though the heavens fall."

      by bobdevo on Mon Feb 17, 2014 at 07:17:51 AM PST

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    •  "let's see what happens on the murder charges" (1+ / 0-)
      Recommended by:

      that's a good point.  

      He may well see life (or the death penalty for murder 1?) yet.

      All it takes is a jury that doesn't have a white supremacist in it.

      •  lets not convict the jury (0+ / 0-)

        lets see what the jurors say, they may have been
        pissed off the state charged Murder 1.

        I think Murder 1 was way over the top.

        At best they had Murder 2, more like they had Voluntary Manslaughter.  Nice easy, no intent required.
        funny part is the Vol Man charge rolls up attempted
        murder on the Felony Murder rule for the other 3
        so, it's not like it's a big difference.

        And historically i'm not too hard on murderers, because
        90% never kill again, it's the lowest recidivist crime.

        •  murder one (3+ / 0-)
          Recommended by:
          wilywascal, dconrad, acornweb

          I don't think murder one was "way over the top."  Dunn did not have his gun when he exited the car and told the kids to turn down (off?) the music.  The moment he decided to get back in his car and remove his gun from the glove compartment, he had intent.  That's why the prosecution went for murder one.

          •  intent can be formed in a second (1+ / 0-)
            Recommended by:

            but juries may want to see it formed over hours.

            i didn't follow the trial because I didn't think there was
            much doubt in it.

            1) No questions of fact.

            2) Daylight shooting.

            3) 3 state witnesses inside the car.

            4) Defendant was going to get on the stand.

            You only had 2 issues

              a) did he reasonably perceive himself in danger
              b) did he use no more force then neccessary.

            I didn't see that happening and mostly the jury didn't either.

            But, Murder 1 requires specific intent.

            Maybe he saw a shadow, or a hand movement.

            It's why i thought the jury would come back with Manslaughter or Murder 2.

            Murder 1 is a death penalty ride in many states, juries aren't easily convinced of that.

            •  Intent (0+ / 0-)

              The jury's response suggests you are totally correct in your assessment.  The prosecution---in our Monday morning quarterbacking--should not have tried to prove 1st degree murder.  The odd thing, though, is that second degree murder was a possible verdict, and the jury couldn't agree on that either.

              I think one or more of the jury members did not want to find the guy guilty at all, and that caused the problem.  It should have been a slam-dunk case, but Florida is full of gun rights people, shooting rights people, and other kinds.  It doesn't look like a very good place for people of color.

        •  Felony murder (0+ / 0-)

          is an interesting point.  His actions resulted in a foreseeable death during the commission of a felony (the three attempted murders).  It doesn't seem that SYG/Self defense can be a defense against felony murder.

          I haven't seen anything discussed about that theory, but it is a great one at first pass.

        •  Except (0+ / 0-)

          The jury had the option to drop the first count to manslaughter and chose not to do so. So I'm not sure why they would be pissed off at a charge they didn't have to go with and still convict on that count.

          Time is of no account with great thoughts, which are as fresh to-day as when they first passed through their authors' minds ages ago. - Samuel Smiles

          by moviemeister76 on Tue Feb 18, 2014 at 10:48:52 AM PST

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