Mistrial on murder charge in Jordan Davis case
NBC News — Jurors on Saturday found a white Florida man guilty of three counts of attempted murder and one other charge for the fatal shooting of a black teenager over loud music, but a mistrial was declared on the most-serious charge against the defendant – first-degree murder.
The jury in the case indicated they were deadlocked over the first-degree murder charge, prompting the judge in the case to declare a mistrial on that charge.
Michael Dunn, 47, argued he was acting in self-defense when he shot at an SUV 10 times while parked next to four teens at a Jacksonville, Fla., gas station in November 2012.
The shots killed Jordan Davis, 17, of Marietta, Ga. Dunn is charged with first-degree murder, three counts of attempted murder and one count of firing a deadly missile into an occupied vehicle.
The jury did not reveal the verdicts they reached on the four lesser counts, and must reconvene to reach a final verdict on the deadlocked first-degree murder charge.
Judge Russell Healey told the jurors he wanted them to go back into the jury room and express the weakness of each of their arguments. He reiterated that the jury can lawfully choose to disagree on the first-degree murder verdict, and if they do, he will declare a mistrial on the single count.
The case has been compared to that of George Zimmerman, the neighborhood watch volunteer who was acquitted of murder in the shooting death of unarmed black teen Trayvon Martin in Florida. Like the Zimmerman trial, the case has drawn international attention due to racial overtones and its connection to gun and self-defense laws.
Earlier Saturday, the sequestered jury of 8 whites, 2 blacks, one Asian and one Hispanic resumed deliberations at 9 a.m., their 22nd hour of deliberating. A half-hour later they asked if they could rule whether self-defense was applicable to any of the five counts individually.
Healey answered that “self-defense or justifiable use of deadly force applies separately for each count.
“Each count has to, by law, be considered separately,” Healey said, adding that he realized, “It’s not easy to compartmentalize these things.”
The jury’s question shows they are divided about whether Dunn’s claim of self-defense justifies his shots on the other three teens, said NBC legal expert and former U.S. Attorney Kendall Coffey. Some jurors might feel Dunn assumed Davis presented danger, but the other three individuals in the car did not, Coffey added.
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