Michael Dunn murder conviction upheld in loud-music fatal shooting
Michael Dunn has lost his legal bid to overturn his murder conviction for fatally shooting a teenager during a November 2012 argument sparked by loud rap music at a Jacksonville gas station.
The South Patrick Shores software developer was sentenced to life in prison without parole for killing Jordan Davis, 17. Prosecutors said Dunn fired 10 shots at a red Dodge Durango carrying Davis and three other black teenagers during a Black Friday parking-lot dispute over the teens' booming music.
Dunn's lawyers appealed his convictions for first-degree murder and three counts of attempted second-degree murder. They argued that prosecutors failed to present substantial evidence disproving Dunn's testimony that he had feared for his life and acted in self-defense.
But, in an opinion filed Thursday, a three-judge panel with the 1st District Court of Appeal denied that claim.
Cocoa drive-by shooting leaves one wounded
"While it's hard to celebrate anything with the loss of Jordan Davis, it was closure. And it was the bittersweet last piece," said John Phillips, the Jacksonville lawyer who represents Davis' family.
Dunn's case attracted national media attention and debate during two 2014 murder trials at the Duval County Courthouse. The incident shone a spotlight on Florida's "Stand Your Ground" firearm self-defense law, and racial controversy emerged because Dunn, 49, is white and the teenagers are black.
Phillips spoke with Lucy McBath, Davis' mother, on Thursday morning. She now is the national spokeswoman for Moms Demand Action for Gun Sense in America.
"She was happy. It's always hard to talk about the happy things coming from the case, because, at the end of the day, she lost her son. Today was a good day. But the marathon that she's running to get justice in reshaping the laws and reshaping policy and reshaping lives still goes on," Phillips said.
"But to know that the criminal court system has resolved this in her son's favor — even though it took two trials — was something of an emotional, but happy, conversation this morning," he said.
McBath tweeted this message Thursday morning: "On the week before Jordan's death anniversary I could not be more thankful/Michael Dunn's appeal is denied. A true Thanksgiving holiday"
Davis, who was sitting in the rear passenger-side seat of the Durango, was shot three times. In court, Dunn testified that Davis threatened to kill him, reached for something, displayed 4 inches of a shotgun barrel, and opened the vehicle door, so Dunn grabbed his gun and fired.
However, using bullet trajectory evidence, a Duval County Medical Examiner's Office official testified that Davis' wounds were not consistent with him leaning out of a vehicle door. Rather, they were more consistent with him crouching in his seat to avoid gunfire.
From the judges' six-page opinion affirming Dunn's convictions:
"Here, the disputed facts created a jury question as to Dunn’s claim of self-defense. The nature of the verbal exchange between Dunn and Davis, whether Davis had a weapon, and whether Davis exited the Durango towards Dunn were all controverted," the judges wrote.
"A gas station patron testified that he heard Dunn say, 'You’re not going to talk to me that way,' but did not hear anyone in the Durango say anything back. The passengers of the Durango testified that Davis did not leave the Durango and testified that there were no weapons in the vehicle," the opinion continues.
"Additionally, a witness testified that there was no weapon in the Durango, but that they could see Dunn’s gun."
Phillips said the Davis murder case changed his life, and he was glad Dunn's appeal was denied.
"The concern here, with any of the cases challenging the gun laws and self-defense laws and Stand Your Ground laws in Florida, is that a judge will try to reinterpret the law. While a remote concern, it was the only real concern related to his case," Phillips said.
Contact Neale at 321-242-3638, rneale@floridatoday.com or follow @RickNeale1 on Twitter