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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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  •  Not proven twice... (7+ / 0-)

    if you're referring to this case. The problem with the murder charge on this is a technical one that is unrelated to SYG (which the jury clearly rejected when they convicted him on the attempted 2nd degree murder charges), very different from the travesty of Zimmerman's acquittal. It's the problem of proving premeditation in these kind of situations. Basically, if the prosecutors had gone with the 2nd degree murder charge Dunn would have been convicted on all charges. This jury didn't want to let him walk (nor did they on the other charges that were not hampered by any legal technicalities) and wouldn't acquit him of the murder charge, I suspect so that he could be re-tried even though they didn't feel they could convict on the 1st degree charge because of the premeditation requirement. They wanted to hold him responsible and he will be, even if it takes a re-trial with the correct charges to do it.

    None of this, by the way, denies the fairly clear facts about Dunn himself. The guy was obviously exactly what Vyan called him in the title (though he did leave out racist, which also clearly applies) and was bound to kill someone sooner or later. It's just sad he didn't get caught and locked up for something lesser before he got to this point and an innocent young man died.

    Strategy without tactics is the slowest route to victory, tactics without strategy is the noise before defeat. Sun Tzu The Art of War

    by Stwriley on Sun Feb 16, 2014 at 03:12:29 PM PST

    [ Parent ]

    •  I don't see that the jury 'rejected SYG' in this (2+ / 0-)
      Recommended by:
      a2nite, OleHippieChick

      case.

      They convicted him on the 2nd degree charges because he claimed he saw one gun, then shot 4 people.  Obviously, even had there been a gun, only one of the 4 would have been using it, so neither 'SYG' or 'self-defense' even applied to the other 3, whose only 'crime' was sharing a car with whoever he claimed was aiming a gun at him.

      So by even giving any sort of credence to the notion that his delusion about a gun allowed him the right to fire upon the fourth person (by not convicting him of anything towards the person he actually killed), they helped backstop the stupidity of SYG.

      •  If they hadn't rejected SYG... (1+ / 0-)
        Recommended by:
        dhajra

        they would have acquitted on the actual murder charge, just as Zimmerman's jury did, but that's not what happened. Nor does the fact that he claimed he only saw one gun have any relevance to an SYG claim as the law exists in Florida: all the young men were in the vehicle he claimed had a gun in it and thus could (by the standards of SYG) be considered just as much a "threat" as Davis. But that didn't fly so...three attempted 2nd degree murder convictions.

        Unfortunately, you're interpreting the Florida SYG law more narrowly than it's actually written (and isn't that a scary thought.) It's pretty clear the jury simply did not buy the SYG claim and acted accordingly. I fully expect that when he's re-tried on the 2nd degree murder charge (already filed, as Vyan noted), he'll be convicted on that one too.

        Strategy without tactics is the slowest route to victory, tactics without strategy is the noise before defeat. Sun Tzu The Art of War

        by Stwriley on Sun Feb 16, 2014 at 06:52:59 PM PST

        [ Parent ]

    •  Yeah, I get a "prove elements of the charge" (0+ / 0-)

      And I do not doubt that the prosecutor has problems.  Still, if you hold for attempted murder on the other folks, and then nothing for the guy who died--i.e., where the attempt was successful--the outcome sure seems screwy.

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