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Dunn will get 15 years for shooting the SUV (Original Post) NightWatcher Feb 2014 OP
I guess it's still nearly impossible in Florida to convict a white man Warpy Feb 2014 #1
I find it all too sadly predictable. nt redqueen Feb 2014 #11
me too noiretextatique Feb 2014 #60
+1 Baitball Blogger Feb 2014 #41
I knew they couldn't find that many people in Florida without getting at least ONE that couldn't VanillaRhapsody Feb 2014 #2
+1 cui bono Feb 2014 #56
Thank GAWD!! A lot of us were on pins and needles Pretzel_Warrior Feb 2014 #3
Dodges across Florida will sleep well tonight. nt onehandle Feb 2014 #4
I know that's not meant to be funny CatWoman Feb 2014 #42
Was the choice savalez Feb 2014 #5
The options for second degree murder and manslaughter were also available to them Bjorn Against Feb 2014 #7
Really? savalez Feb 2014 #8
They fit, but there was likely a racist gun nut on the jury who refused to convict Bjorn Against Feb 2014 #9
Here's what I don't get with that theory NobodyHere Feb 2014 #13
Not necessarily Diamonique Feb 2014 #17
Jurists don't need to be enabled NobodyHere Feb 2014 #27
It seems to me that most people try to find some kind of justification for their wrongful actions. Incitatus Feb 2014 #50
That would make sense if they hadn't convicted him on the other charges. Which they did. Gravitycollapse Feb 2014 #14
They could not claim self defense on the other charges Bjorn Against Feb 2014 #19
I suspect they failed to decide which category of illegality his homicide falls under. Gravitycollapse Feb 2014 #20
They asked the judge beforehand whether the self defense case should be considered for each victim Bjorn Against Feb 2014 #23
A racist gun nut AnalystInParadise Feb 2014 #36
I realize there are women and never said otherwise Bjorn Against Feb 2014 #67
I think some strongly felt it was Murder 1 and some Murder 2 Yo_Mama Feb 2014 #43
Murder 1 usually requires premeditation dflprincess Feb 2014 #57
really, it was available ot them? Scootaloo Feb 2014 #30
It's beginning to look like black teens will now have the excuse of seeing white males as a threat.. kelliekat44 Feb 2014 #6
Know what? savalez Feb 2014 #10
Maybe. Jake Stern Feb 2014 #24
That's assuming a jury would acquit a black person killing a white person. cui bono Feb 2014 #54
Good point. savalez Feb 2014 #62
Ugh. That case is horrible. n/t cui bono Feb 2014 #65
That sounds like a rational response to SYG uponit7771 Feb 2014 #18
great hyperbole but belcffub Feb 2014 #21
I'm afraid the law only applies to white on black crimes. nt ladjf Feb 2014 #31
He may have to put in solitary once he gets to prison. avebury Feb 2014 #12
I agree. He is almost certain to get prison time, the Judge can't dodge sentencing bluestate10 Feb 2014 #47
Amen uponit7771 Feb 2014 #15
So the asshole murders a black kid in cold blood because he doesn't like his music... Triana Feb 2014 #16
I guess shooting at a car is dangerous. He might have hit someone. Kablooie Feb 2014 #25
Did you forget "besides the people in the vehicle" TexasTowelie Feb 2014 #26
I think that was the point Kablooie was making, actually Scootaloo Feb 2014 #33
No. He gets 60 year for attempted murder, 15 years for shooting at the vehicle, retried for killing magical thyme Feb 2014 #45
60 for attempted murder of the three he didn't manage to kill, 15 for shooting at the vehicle... Triana Feb 2014 #64
The problem is the Stand Your Ground law. One person can't assault a second person, bluestate10 Feb 2014 #49
I'm sorry, but a MISTRIAL? raven mad Feb 2014 #22
But that would be a waste of taxpayer resources TexasTowelie Feb 2014 #28
They have announced that they will retry. nt arthritisR_US Feb 2014 #29
Good. That at least allows me to breathe again. raven mad Feb 2014 #35
I agree that they under prosecuted, i.e.., prosecution was inferior. They allowed arthritisR_US Feb 2014 #39
The problem seems to be Corey. She has not brought in obvious racism in either of bluestate10 Feb 2014 #52
She is so steeped in denial of her own racism that she fails to legitimately arthritisR_US Feb 2014 #53
keep breathing....the jury was split between 1st and 2nd degree murder. magical thyme Feb 2014 #46
No justice? NobodyHere Feb 2014 #32
But not for killing a 17 year old boy whose crime was having melanin and liking hip hop. Scootaloo Feb 2014 #34
it's not over until it's over. the prosecution is preparing for re-trial. magical thyme Feb 2014 #48
On a retrial are they allowed to now bring up new evidence, like his racism? cui bono Feb 2014 #55
I think so. magical thyme Feb 2014 #58
No, it's a brand new trial Nevernose Feb 2014 #61
I know, NobodyHere - I hope he gets the maximum. raven mad Feb 2014 #37
so he will die in prison at least ? JI7 Feb 2014 #38
It sure looks that way. Incitatus Feb 2014 #51
Mistrials do happen on Murder 1 cases exboyfil Feb 2014 #40
seems right Vattel Feb 2014 #44
His fate is sealed sorefeet Feb 2014 #59
no justice for Davis lunasun Feb 2014 #63
is there a shot of him being led out in handcuffs? snooper2 Feb 2014 #66

Warpy

(111,312 posts)
1. I guess it's still nearly impossible in Florida to convict a white man
Sat Feb 15, 2014, 08:30 PM
Feb 2014

who killed a black man no matter what the circumstances were.

I find this outrageous.

 

VanillaRhapsody

(21,115 posts)
2. I knew they couldn't find that many people in Florida without getting at least ONE that couldn't
Sat Feb 15, 2014, 08:31 PM
Feb 2014

convict a White guy for killing a Black guy no matter what the circumstances were...

 

Pretzel_Warrior

(8,361 posts)
3. Thank GAWD!! A lot of us were on pins and needles
Sat Feb 15, 2014, 08:32 PM
Feb 2014

As to whether the automobile's family would see justice done.

 

NobodyHere

(2,810 posts)
13. Here's what I don't get with that theory
Sat Feb 15, 2014, 08:43 PM
Feb 2014

Wouldn't a "racist gun nut" block the convictions on the attempted murder charges?

Isn't it possible that the jurists were split between manslaughter and murder 1? Maybe I'm missing something here.

Diamonique

(1,655 posts)
17. Not necessarily
Sat Feb 15, 2014, 08:50 PM
Feb 2014

The racist gun nut had the "self-defense" crap to enable him/them to hang the murder charge. There wasn't anything like that to help them with the attempted murder charges because the so-called danger was over when Dunn shot up the car as it was trying to leave.

 

NobodyHere

(2,810 posts)
27. Jurists don't need to be enabled
Sat Feb 15, 2014, 09:29 PM
Feb 2014

They can vote to convict or acquit for any reason they choose. A racist gun nut could've just said "no" to the attempted murder charges and make it a mistrial on every count.

Incitatus

(5,317 posts)
50. It seems to me that most people try to find some kind of justification for their wrongful actions.
Sat Feb 15, 2014, 10:40 PM
Feb 2014

When faced with 11 other rational people, he could argue against the first charge, however weak his reasons may have been. While he could have also simply refused to convict on the other charges, he probably couldn't summon the courage to do it without providing the rest of the jurors some kind of reason. I'd imagine there was quite a bit of pressure on him. Perhaps it took a bit of time to even get him to agree on the other charges and he got tired of trying or refusing to defend a position that had no defense.

Gravitycollapse

(8,155 posts)
14. That would make sense if they hadn't convicted him on the other charges. Which they did.
Sat Feb 15, 2014, 08:45 PM
Feb 2014

Would a racist gun nut be okay with attempted 2nd degree murder charges? Probably not. I suspect the decision was more complicated for some unknown reason.

Bjorn Against

(12,041 posts)
19. They could not claim self defense on the other charges
Sat Feb 15, 2014, 08:54 PM
Feb 2014

Dunn made a self defense claim for Jordan Davis, but he failed to make that claim for the other three in the vehicle. That is why the racist had to convict on those charges, there was no self defense claims to hide behind.

Gravitycollapse

(8,155 posts)
20. I suspect they failed to decide which category of illegality his homicide falls under.
Sat Feb 15, 2014, 08:57 PM
Feb 2014

As opposed to failing to decide if his actions were illegal. He wasn't acquitted.

Bjorn Against

(12,041 posts)
23. They asked the judge beforehand whether the self defense case should be considered for each victim
Sat Feb 15, 2014, 09:03 PM
Feb 2014

This was the key question that tells us how they reached the verdict, at least one person believed it was self defense and then they asked the judge if the self defense claim applied to everyone in the vehicle or if it had to be applied to each person seperately. When the judge said it had to be applied to each person seperately and Dunn had not even made a self defense claim against the other three in the vehicle that pretty much ensured a conviction on the attempted murder charges as there was no longer a self defense claim to hide behind.

 

AnalystInParadise

(1,832 posts)
36. A racist gun nut
Sat Feb 15, 2014, 09:38 PM
Feb 2014

could have just said he or SHE (they do exist) did not have enough evidence to convict on every charge. Instead we get this convoluted tale where a racist excuses a guy for murder one but then convicts on all other charges. What is most likely is there was a reason for some of the jurors to buy the self defense argument that we aren't seeing. I don't think it was self defense, but I wasn't there, I wasn't in the courtroom and I didn't have all the evidence. So Occam's Razor and whatnot, the most likely reason is there was enough doubt for murder one, that's not racism, but too many have their viewpoints colored angry red by their emotions to see logic.

Bjorn Against

(12,041 posts)
67. I realize there are women and never said otherwise
Sun Feb 16, 2014, 01:27 AM
Feb 2014

You can make ignorant claims like my views are colored by ny emotions, vut you have no clue why I think like I do. It just so happens that not long before this verdict came the jury asked the judge if they believed it was self defense in the case of Davis whether that self defense claim applies to all charges indivdually, the judge said that no they had to determine the risk posed by each member of the vehicle individually. This ensured the convictions on attempted murder because Dunn had not even made self defense claims against the other people in the car. You can say my views are based on emotion but I know the facts of this case better than you realize, maybe that makes your opinion of me a rush to judgment colored by your emotions.

Yo_Mama

(8,303 posts)
43. I think some strongly felt it was Murder 1 and some Murder 2
Sat Feb 15, 2014, 10:08 PM
Feb 2014

It's not manslaughter because that's unintentional, and this was intentional.

The racism charge doesn't fit the decided counts at all.

If I had been on the jury and thought that it was Murder 1, I would have refused to go down to the lesser charge, because even if this jury hung, the least the guy would ever get would be Murder 2. He'll either have to plead to it (which his attorney should now consider), or he'll have to stand retrial and take the chance of conviction on Murder 1. So there would be no advantage to compromising on the charge - the other convictions basically put him in prison for just about the rest of his life already. Murder 1 would be life without parole.

Under those circumstances, why would any juror convinced it was Murder 1 change his/her vote to Murder 2?

dflprincess

(28,081 posts)
57. Murder 1 usually requires premeditation
Sat Feb 15, 2014, 11:16 PM
Feb 2014

that might have been hard to prove in this case (though just the fact Dunn thought he needed to have a gun with him would, to me, indicate he intended to shoot someone when he had the chance).

The prosecutor may have gotten the jury to see it his way if he'd pushed for a murder 2 conviction.

 

Scootaloo

(25,699 posts)
30. really, it was available ot them?
Sat Feb 15, 2014, 09:33 PM
Feb 2014

See, that I didn't know, and now it makes me want to go make out with a belt sander, because fuck my species that's why

 

kelliekat44

(7,759 posts)
6. It's beginning to look like black teens will now have the excuse of seeing white males as a threat..
Sat Feb 15, 2014, 08:35 PM
Feb 2014

Will they be able to shoot and claim fear of being shot and killed under the stand your ground laws? I think not. But it sure is beginning to look like black men, especially black teens are all targets.

savalez

(3,517 posts)
10. Know what?
Sat Feb 15, 2014, 08:39 PM
Feb 2014

That might be the only way to change that ridiculous law. And you know it'll change after a couple of cases like that.

cui bono

(19,926 posts)
54. That's assuming a jury would acquit a black person killing a white person.
Sat Feb 15, 2014, 10:57 PM
Feb 2014

In Florida right now, how likely is that?

savalez

(3,517 posts)
62. Good point.
Sat Feb 15, 2014, 11:36 PM
Feb 2014

That reminds me of this:

When police investigated the death of Brian Epp, they determined that John McNeil was merely acting in self-defense when he shot Epp for allegedly loitering on his property, threatening him and his 19-year-old son with a knife. They didn’t charge him with any crime. But 274 days later, McNeil was prosecuted and sentenced to life in prison,

http://thinkprogress.org/justice/2012/09/24/895881/how-a-black-businessman-was-sentenced-to-life-in-prison-for-a-likely-self-defense-killing/

belcffub

(595 posts)
21. great hyperbole but
Sat Feb 15, 2014, 09:01 PM
Feb 2014

White-on-white slayings tumbled from 63,704 deaths in the 1980s to 46,179 deaths in the 10-year period from 2000 to 2009. Black-on-black killings dropped from 56,931 to 41,457 deaths during the same periods.

Black-on-white killings grew from 8,503 to 8,530, while white-on-black slayings dropped from 4,745 to 4,380. Homicides involving all other racial combinations, including Asians and American Indians, rose from 3,854 to 4,981.

I know what your thinking... this is a Florida thing... Florida's white-on-black killings grew from 338 in the 1980s to 414 from 2000-09. Black-on-white homicides rose from 529 to 858 during the same period.

avebury

(10,952 posts)
12. He may have to put in solitary once he gets to prison.
Sat Feb 15, 2014, 08:41 PM
Feb 2014

There might be a few black prisoners who won't take too kindly to him killing a black teenager.

bluestate10

(10,942 posts)
47. I agree. He is almost certain to get prison time, the Judge can't dodge sentencing
Sat Feb 15, 2014, 10:32 PM
Feb 2014

hard time. Prison is going to be a perilous place for the scumbag, there he will meet real threats that would have no remorse in killing him. He will have to spend his prison time in complete isolation if he is to come out alive.

 

Triana

(22,666 posts)
16. So the asshole murders a black kid in cold blood because he doesn't like his music...
Sat Feb 15, 2014, 08:47 PM
Feb 2014

...and gets 15 years for shooting at a VEHICLE, which is apparently worth more and more deserving of JUSTICE than an innocent kid murdered by an angry, racist fuck.

Gotta love AmeriKKKa eh?

Fabulous.

 

magical thyme

(14,881 posts)
45. No. He gets 60 year for attempted murder, 15 years for shooting at the vehicle, retried for killing
Sat Feb 15, 2014, 10:27 PM
Feb 2014

unless he decides to plead guilty to 2nd degree murder. It looks like the jury was split between 1st and 2nd degree murder, since his actions after they tried to flee were found to be attempted murder.

The headline is deliberately inflammatory, implying he is only getting 15 years.

Oh, and because the charges are separate, the time served is sequential, so he is already essentially facing life in prison even before a retrial.

It's a very good outcome. Not perfect because it's not over, but very good. And it will only get better as there will only be more years added to his sentence with the coming re-trial.

 

Triana

(22,666 posts)
64. 60 for attempted murder of the three he didn't manage to kill, 15 for shooting at the vehicle...
Sat Feb 15, 2014, 11:44 PM
Feb 2014

...zilch for first degree murder, which he is absolutely guilty of and which he may never be convicted of due to so-called "Stand Your Ground" laws.

It's bullshit. Of course I'm happy he got the time he got and he certainly deserved it.

As for First Degree Murder - this should have been an open and shut case. That it wasn't is absolutely nauseating. What if HE was black and the kids in the SUV were white?

What if he were a black woman firing a simple warning shot in the air to discourage her violent husband from killing her, first? Then, it took a jury a whole 12 minutes to sentence HER to 20 years.

RACE. RACISM.

It needs to be said. Again.

Playing music.
Wearing a hoodie.
Looking 'threatening'
Carrying skittles and iced tea.
Reaching into your own pocket while standing on your own front porch.
Asking for help after an accident.

What's next? Breathing?

Seriously.

bluestate10

(10,942 posts)
49. The problem is the Stand Your Ground law. One person can't assault a second person,
Sat Feb 15, 2014, 10:35 PM
Feb 2014

then shoot and kill the second person and then claim to have feared for his or her life and stand a good chance of going free. The law won't change until the son or daughter of some big shot in Florida gets murdered and their murderer walks because of the SYG law.

raven mad

(4,940 posts)
22. I'm sorry, but a MISTRIAL?
Sat Feb 15, 2014, 09:02 PM
Feb 2014

Give me a fucking break. They won't retry.

The kid's poor parents. No justice.

TexasTowelie

(112,329 posts)
28. But that would be a waste of taxpayer resources
Sat Feb 15, 2014, 09:30 PM
Feb 2014

according to the teabagger reporter that questioned Angela Corey. in the post-verdict press conference.

raven mad

(4,940 posts)
35. Good. That at least allows me to breathe again.
Sat Feb 15, 2014, 09:36 PM
Feb 2014

Thank you. I couldn't follow the trial closely, was the prosecution inferior? Or voir dire? I don't understand how they could find him guilty of the assault, but not the murder.

arthritisR_US

(7,291 posts)
39. I agree that they under prosecuted, i.e.., prosecution was inferior. They allowed
Sat Feb 15, 2014, 09:44 PM
Feb 2014

Jordan to be tried, failed to address the elephant in the room; Dunn's racism, ....whole thing has me at a loss on this one count

bluestate10

(10,942 posts)
52. The problem seems to be Corey. She has not brought in obvious racism in either of
Sat Feb 15, 2014, 10:46 PM
Feb 2014

the two cases she tried. Yet, she tried to burn a Black woman who fired a warning shot in a legitimate case of self defense.

arthritisR_US

(7,291 posts)
53. She is so steeped in denial of her own racism that she fails to legitimately
Sat Feb 15, 2014, 10:49 PM
Feb 2014

recognize it in others who are such.

 

magical thyme

(14,881 posts)
46. keep breathing....the jury was split between 1st and 2nd degree murder.
Sat Feb 15, 2014, 10:30 PM
Feb 2014

They found him guilty of attempted murder because the victims were fleeing when he was shooting at them, so he had no reason to fear them and hadn't even claimed self-defense in shooting at them.



 

NobodyHere

(2,810 posts)
32. No justice?
Sat Feb 15, 2014, 09:34 PM
Feb 2014

The mistrial part was a bummer but in the end Dunn is likely to go away for a very very long time.

 

magical thyme

(14,881 posts)
48. it's not over until it's over. the prosecution is preparing for re-trial.
Sat Feb 15, 2014, 10:35 PM
Feb 2014

The jury already found him guilty of attempted murder. It was most likely stuck between 1st and 2nd degree murder.

That puts him in a difficult position. It makes it more likely that he's facing either a 1st or 2nd degree murder conviction, so he may be more inclined to plea to 2nd degree rather than risk 1st degree.

cui bono

(19,926 posts)
55. On a retrial are they allowed to now bring up new evidence, like his racism?
Sat Feb 15, 2014, 10:59 PM
Feb 2014

Or is there some law/rule against that since they didn't raise the issue the first time around and it's not new?

 

magical thyme

(14,881 posts)
58. I think so.
Sat Feb 15, 2014, 11:19 PM
Feb 2014

from answer.com:

"Retrial is a new trial in itself. If granted, it is a second chance to present evidence old and new in order to seek justice. "

http://www.justanswer.com/topics-retrial/

They are referring to somebody being found guilty and then finding new evidence, so would need for a re-trial to be granted. But I would expect that would hold for a new trial after a hung jury. They are starting from scratch, so to speak, so can re-present the evidence and add any new evidence they find. Same with the defense, they can add new evidence and re-present their defense.

In this case, where he was found guilty of all the other charges, I expect the defense will be trying to up their presentation too.

Nevernose

(13,081 posts)
61. No, it's a brand new trial
Sat Feb 15, 2014, 11:34 PM
Feb 2014

If conditions allow, they'll even be able to present his guilt in the other crimes against him.

raven mad

(4,940 posts)
37. I know, NobodyHere - I hope he gets the maximum.
Sat Feb 15, 2014, 09:39 PM
Feb 2014

I just can't stop thinking about that poor kid's parents

Incitatus

(5,317 posts)
51. It sure looks that way.
Sat Feb 15, 2014, 10:45 PM
Feb 2014

3 20 year counts and a 15 year count to run consecutively is the general consensus of what his sentence will be.

exboyfil

(17,865 posts)
40. Mistrials do happen on Murder 1 cases
Sat Feb 15, 2014, 09:48 PM
Feb 2014

A much clearer example of Murder 1 is in the following link. The jury could not reach a verdict for Murder 1 and she had to be retried.

http://flaglerlive.com/33638/myrtle-mc-kinney-murder-gytonia-cheek/

sorefeet

(1,241 posts)
59. His fate is sealed
Sat Feb 15, 2014, 11:27 PM
Feb 2014

he is 47 years old, now life in prison. He is going to see what fear and racism really are all about. The rest of this bigots life is beyond his imagination. This guy got himself a fate worse than the death penalty. Did you enjoy that last day of freedom. were you proud of yourself on the way home, did you have a cool story to tell your racist buddies. Did you enjoy your last pizza and beer you will ever have?????? Was it worth it. Will your brave gun toting, racist buddies still go around blasting innocent people after you are made an example of??

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