Dunn faces second trial in loud-music murder case

South Patrick Shores software developer Michael Dunn has been jailed since November 2012, and the 47-year-old will likely spend the rest of his life behind bars for firing 10 bullets at a quartet of black teenagers in a sport-utility vehicle.

But this week, Dunn returns to the courtroom. The former oceanfront condominium resident will be retried for first-degree murder for killing one of those teens: Jordan Davis, a 17-year-old who was sitting in the right rear passenger seat.

Both began arguing about loud hip-hop music blaring from the SUV at a Jacksonville gas station on Nov. 23, 2012. Dunn testified that he thought Davis threatened him with a shotgun or stick-like weapon, so he opened fire with his 9 mm pistol, striking Davis three times. But police did not find a firearm in the SUV.

In February — during the highest-profile trial involving a Brevard County resident in recent years — Dunn was convicted of three counts of second-degree attempted murder and one count of shooting or throwing a deadly missile.

However, the 12 jurors deadlocked on the murder charge, unable to reach a unanimous decision. Their mixed verdict fueled heated opinions from HLN's Nancy Grace and other national columnists and commentators about race relations and Florida's self-defense gun laws.

Monday, selection of a second jury begins at the Duval County Courthouse in Jacksonville. Once again, television networks plan to construct a temporary "media city" across Broad Street from the courthouse to cover the proceedings.

"Emotions are high. Many want to comment that this trial doesn't mean as much, as Dunn is expected to face a minimum mandatory of 60 years in prison. That's hurtful," said John Phillips, family lawyer for Davis' parents, Lucy McBath and Ron Davis.

"Dunn wasn't just an attempted murderer that night. He killed a teenager. A son. A hope for a bright future for Ron and Lucy, full of a wedding, grandchildren and fulfilled dreams," Phillips said.

'No one truly wins'

Rebecca Dunn, who formerly worked as a hostess at The Mansion in downtown Melbourne, supports her father. "In light of the circumstances, he seems to be doing OK," she said, adding that she and her family love him dearly.

"I miss my daddy, but whenever I say that someone points out that Jordan's parents miss their son more. I don't think it's fair to compare the losses. They are very different," said Rebecca Dunn, who recently moved to Colorado.

"If the justice system truly works, then he should walk free — but in the end, no one truly wins. I'm just tired. I stopped speaking about it months ago because the whole situation is just really painful, and these past two years have been rough on my family," she said.

The shooting occurred hours after Michael Dunn attended his son's wedding in Orange Park. Brevard County Sheriff's Office deputies arrested him the next morning at his Ocean Residence North home, about a half-mile south of the Pineda Causeway.

Dunn has not been sentenced for his February convictions. He faces at least 60 years in prison, and he could receive up to 105 years behind bars, said Jackelyn Barnard, State Attorney's Office spokeswoman.

Dunn's defense lawyer in his first trial, Cory Strolla of West Palm Beach, withdrew in March because Dunn's family could no longer afford to pay him, court records show.

Dunn's new defense lawyer is Waffa Hanania of the Office of Criminal Conflict and Civil Regional Counsel, which provides legal representation to indigent defendants. Messages seeking comment were left this week for Hanania and Strolla.

Hanania seeks to move the trial from Jacksonville, citing national and local media coverage.

"This case has generated a tremendous amount of pretrial publicity in Duval County, Florida, some of which has been erroneous and misleading, and all of which has been extremely prejudicial to the defendant," Hanania's Sept. 2 motion states.

Circuit Judge Russell Healey has said he will decide whether to move the trial during jury selection.

Davis' parents did not respond to an interview request. Phillips said they are generally avoiding media until a jury is sequestered for fear of generating pre-trial publicity.

"We want this case tried in Duval County," Phillips said.

Comprehensive vs. persuasive

The prosecution team will again be led by State Attorney Angela Corey. She is the prosecutor who charged George Zimmerman with second-degree murder after he fatally shot Trayvon Martin during a disputed February 2012 scuffle in Sanford. A jury acquitted Zimmerman last July.

Mark O'Mara, a CNN legal analyst, was the defense lawyer in Zimmerman's trial. He expects both the prosecution and defense to be more prepared during Dunn's retrial, and he called Hanania "very accomplished."

"I think that there's going to be a more comprehensive defense presentation this time. She's going to be a bit more persuasive in how she presents Dunn's side of the story," O'Mara said.

"I think what you're going to see in this retrial is a much stronger focus by the defense on what happened in the second or two before Dunn's first shot," he said.

"Miss Corey has her political overtones involved in this case as well, because she has had some negative history with the black community in Duval County. And she's trying to gain some ground with the black community. I think this is an important case for her, politically," O'Mara said.

"In that sense, she's going to try doubly hard to get a conviction this time. So you can expect them to really up their game as well," he said.

Barnard declined a request for comment.

"The State Attorney's Office will be making all comments about this case in the appropriate venue — the courtroom," Barnard said.

After Dunn's jury could not reach a verdict on the murder charge, Juror No. 4, a white home care nurse administrator, told ABC's "Nightline" that she thought he got away with murder. She said jurors deadlocked by a 9-3 vote, with nine arguing for a conviction. Race, she said, was not a factor during deliberations.

That jury was comprised of four white men, four white women, two black women, one Asian woman and one Hispanic man.

"When I look at the case, it is a really tough call. It is a really tough call as to whether or not Dunn just decided, 'I'm not going to take lip from a black kid, so I'm going to shoot him.' " O'Mara said.

"Or, if Jordan Davis really did put something up on that door sill that, to Dunn, looked like a shotgun, putting him in fear of immediate harm. And he reacted to it," he said.

Contact Neale at 321-242-3638, rneale@floridatoday.com or follow @RickNeale1 on Twitter.

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