Fl murderer convicted in loud music

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He will be retried for murder due to hung jury and faces 60+ years with current convictions. Not ideal but it's not over.
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On Sat, 15 Feb 2014 20:18:15 -0800 (PST), "Daring Dufas: Hypocrite

Why would they ever retry him on a charge that will always hang a jury? This guy is 46 and the 60 years is easily "life".
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wrote:

with current convictions. Not ideal but it's not over.

Should have been charged with voluntary manslaughter.
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On Sat, 15 Feb 2014 22:45:03 -0800, "Guv Bob"

First degree murder, premeditated murder does not require that one sit in his room making plans weeks or days or hours in advance. it doesn't require that someone make a special purchase of a weapon or that he plan to meet someone somewhere. The intention and the premeditation necessary for first degree murder can be formed one second before the act is committed. That's the law in every state, afaik, and certainly in most. And I'm pretty sure there are cases where most people would agree with this rule.
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Without debating that one, how about 3 seconds. No more than that is needed in many states.
One example someone gave on the radio today, from one state, was the time between the first time one pulled the trigger and the second time, and that means consecutive shots, without a pause in between.

Occasions where premeditation is not found for one reason or anotehr don't change the minimum time necessary when those reasons are not present.

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sit

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Maybe so in theory. I think the jury would have gone for voluntary manslaughter. When you get into FDM, every technicality gives the defense a way to derail the verdict. Got to convince 12 people.
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If the sentence is set to run concurrently then he would be given 20 years... out in 13.
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On Sunday, February 16, 2014 3:22:02 AM UTC-6, 83LowRider wrote:

The judge will throw the book at him because of the lies told. He never manned up an accepted any responsibilty. He drove home and ordered pizza.
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On Sun, 16 Feb 2014 04:22:02 -0500, "83LowRider"

Not in Florida. The gun charge itself is 25 to life and our law says you have to serve 85%. minimum
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On Sunday, February 16, 2014 10:42:26 AM UTC-5, snipped-for-privacy@aol.com wrote:

This is the most detailed analysis I've seen of the actual convictions and possible sentences:
http://legalinsurrection.com/2014/02/guilty-jury-finds-michael-dunn-guilty- of-most-charges/
"Detailed Charges on Which Dunn Found Guilty Among the charges of which he has been found guilty are: Three counts of attempted murder in the second degree (FL §782.051) for s hooting at Kevin Thompson, Leland Brunson, and Tommy Storns, the three frie nds with Jordan Davis in Storns' SUV Throwing a missile into an occupied vehicle (FL §790.19) for firing into the SUV in which the boys were riding. Finally, because these felonies were committed with the use of a firearm, D unn is also subject to Florida's "10-20-Life" mandatory minimum sentencing law (FL §775.087), made infamous by the case of Marissa Alexander. Under the mandatory minimum sentencing scheme, Dunn faces mandatory minimum sentences of 20 years on each of the three counts of attempted murder and 15 years on the charge of throwing of missiles (because a gun was used Flor ida's "10-20-Life" statute bumps what would normally be a 2nd degree felon y to a 1st degree felony) Because all the charges stem from a single set of acts, the sentences would likely be served concurrently, rather than consecutively, meaning in effec t that Dunn would be sentenced to 20 years, the Florida norm. The sentencin g judge has the discretion, however, to make the sentences consecutive, in which case Dunn would be looking at 75 years-effectively a life sentence fo r a ~40 year old. His sentencing may take place immediately, or at a separa te sentencing hearing."
Applying your 85% rule, still seems from the above that it's possible he could be out in 17 years, if he gets lucky.
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On Sun, 16 Feb 2014 08:05:49 -0800 (PST), " snipped-for-privacy@optonline.net"

The other boy in the front seat did turn down the radio when the guy complained, according to him, but the driver turned it up again.
Was it the driver who was killed? I thought so.
But then, assuming the picture wasnt reversed, it looks like the shooter was standing on the right side of the car shooting through the right door. He shot 10 times!!! Hit the car 9 times!!.
Woudn't one normally attribute the car radio to the driver? OTOH, the shooter said someone insulted him. If so, do you know who that was supposed to be?
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Per micky:

If it was one of those mobile boom boxes where peoples walls and windows shake when the car drives by, I wonder that the perpetrator didn't plead temporary insanity.
--
Pete Cresswell

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On 2/16/2014 1:37 PM, (PeteCresswell) wrote:

I would have pleaded self defense because hearing damage is permanent. I would claim I was stopping an assault on me. ^_^
TDD
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<stuff snipped>

That's actually a pretty brilliant defense strategy. If I were his lawyer, I'd subpoena the ATF agents from the Koresh incident or someone qualified to testify about the use extremely loud music to deliberately disorient people. There have been studies that show that extremely loud music can disrupt cardiac and breathing rhythms.
Who hasn't been near a window shaking audio system at one time or another? Just the other day at a stoplight with all the windows closed up rolls this boombox on wheels with the weird all-bass road-shaking thumping that I assume was some kind of music. I don't think I've ever heard someone blasting a song I actually like. (-: Our custodial engineer had a woofer in his car the size of a full-size tire mounted in the hatch area. You could hear him approaching from a block away.
I once lived next door to a disco club. I can still hear "Stayin' Alive" and "Hot Stuff" ringing in my ears on a bad night. They played those two songs in their full plaster-loosening glory at least twice a night and the pictures rattled on the walls. Sometimes they would play the super-extended "disco" mixes with the same bass lines thumping away for what seemed liked hours. If I end up in hell, those songs will be waiting for me. But the rent was cheap. (-:
You've uncovered what could easily be a successful line of defense in any retrial. Beats the hell out of that contrived "shotgun in the rear window so I shot the front seat passenger" defense. I wonder if the judge would have allowed a demonstration of exactly what song was playing and how loudly. Drums, fightsongs and bugles have been used to whip soldiers into a patriotic fighting frenzy.
The more I think about it, the more I think you might have hit on what really happened. Dunn did flip out. Does anyone know what song was playing? If I represented him (which I can't because I'm not a lawyer) I would find an expert witness/shrink who would test Dunn using an fMRI while subjecting him to the same music v. music he liked. If people have favorite songs, and most of us do, then there must exist the exact opposite. Songs we just can't stand.
Marvin Gaye's father hated "Sexual Healing" so much that he killed him after listening to it.
http://voices.yahoo.com/sexual-healing-was-deadly-prince-motown-1606003.html?cat=9
There's actual a lot of precedent out there. I am sure you couldn't find a juror hasn't been driven to near madness by someone with a loud stereo at one time in their lives. Zulu warriors drove their adversaries to the edge by the sounds the made clacking their spears on their shields.
BTW, for anyone wondering about the sentencing, here's another county heard from:
http://www.sltrib.com/sltrib/world/57554037-68/dunn-music-jurors-murder.html.csp
<<Dunn showed no emotion as the verdicts were read. Each attempted second-degree murder charge carries a maximum sentence of 30 years in prison, while the fourth charge he was convicted on carries a maximum of 15. A sentencing date will be set later.>>
Who would be on trial if those kids *did* have guns and fired back? If someone comes at you because he thinks you have a gun and you actually do who's standing whose ground?
--
Bobby G.



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wrote:

Now that I read here that the boy in the passenger seat was the one who was killed, I guess it was someone else who said he turned the radio down. Maybe it was the driver. The video of him saying that was taken over his left shoulder, and it looked like he was sitting in the passenger seat, but I suppose they all would be out of the car before someone showed up to inteveriew them.

Maybe it was the one on the right he was referring to, who turned it up again.
What do this case, Trayvon Martin, the shooting of the movie texter have in common. All by someone carrying a gun. At least two of them for no special reason.
During this same period there was another teenager accosted and he was hit over the head with a cell phone. If there was a bruise, it was gone in a couple days. Partly because his accoster was carrying only a cell phone, not a gun.
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wrote:

If it was a portable radio, not the car radio, it coudl have been someone in the back seat who turned it down, and the other guy in the back seat who turned it bck up.

But "someone else turned it up again", he said. I had assumed that was the driver, but I should have said it was the driver.
AIUI, it appears the shooter had just driven into the parking place. If he didn't like the noise, he could have backed out that spot and parked somewhere else. Later, when they got into a yelling match, and, he says, he thought he saw a shotgun, it would have probably taken less time to start the car and back up than it took to lean over to the glove box, get the gun, chamber a bullet and shoot. Plus, unless he killed the guy with the alleged shotgun on the first shot, shooting at him would be almost certain to get him to shoot back at you. But just backing up is much less likely to cause him to shoot and in a few seconds, the driver would be too far back to get hit without the alleged shotgun guy getting out of the car or shooting through his own rear window.
One reporter from NBC suggested that the hung jury on murder occcurred because at least one jurror believed that the shooter might have thought there was a shotgun, but the three convictions for murder were based on his shooting at the SUV as it was driving away. He plainly wasn't in any danger then but he was still shooting!! So even the negatvie jury votes on murder would agree on attempted murder for the other 3. Maybe the NBC guy is right.

What do this case, Trayvon Martin, the shooting of the movie texter have in common. All by someone carrying a gun. At least two of them carrying the gun for no special reason.

During this same period there was another teenager accosted and he was hit over the head with a cell phone. If there was a bruise, it was gone in a couple days. Partly because his accoster was carrying only a cell phone, not a gun.
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On Tuesday, February 18, 2014 12:59:35 PM UTC-5, micky wrote:

As I've pointed out a few times now, it's worse than that. He opened fire on the guy in the passenger seat. That makes no sense. If you thought someone in the back seat had a shotgun, then they are in a perfect position to blow you away when you open fire on their buddy who's in front. Also, you have the fact that you wouldn't think a rational person would go up against a shotgun that hadn't been fired with a pistol. And top it off with the fact that in the driver seat, you're in a very difficult spot to deal with someone with a shotgun in the back seat. What are you going to do? Turn, try to shoot over your shoulder, car pillar possibly blocking you, etc.....
But just

I agree, from what I've read so far, that appears to have been the best option. But it's not a real good one either, because if the guy does have a shotgun, he can easily shoot you while you're backing up.

I would think he's very likely correct.

And let's also look at all the cases where carrying a gun prevented a violent crime from happening. Of course you won't hear about those much because the lib media only wants to make a spectacle of cases where it goes the other way.

It would be nice if all perps out to rape, loot, pillage or kill only carreed a cell phone, but many choose to use a gun. If you run up against one of those, a cell phone isn't going to do you much good.
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<stuff snipped>

Exactly right. If they had a shotgun, why didn't they use it to return fire but sped away instead? Even though they had been fired upon and allegedly had a shotgun, they chose not to stand their ground. I believe *strongly* that had they been armed, they WOULD have returned fire so the lack of return fire is almost certain proof they were unarmed. In addition, Dunn's GF testified he never mentioned the shotgun until much later.
--
Bobby G.



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On Wednesday, February 19, 2014 1:41:27 AM UTC-5, Robert Green wrote:

Is she still his girlfriend? Ironically, her testimony apparently didn't hurt him.
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On Saturday, February 15, 2014 10:31:48 PM UTC-6, snipped-for-privacy@aol.com wrote:

Justice is a hard subject for many to comprehend. Maybe he will roll over a flea bargain.
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