angelica - 2014-02-16 3:55 PM

Either way he is going to jail the rest of his life because of his age! 

komet. - 2014-02-16 3:57 PM


Not if they can't get a conviction on murder. If they can't get that the rest will be overturned.

Itsme - 2014-02-16 4:12 PM Are you sure? That wouldnt be good.

komet. - 2014-02-16 4:57 PM Not if they can't get a conviction on murder. If they can't get that the rest will be overturned.

Bibliafarm - 2014-02-16 5:25 PM

Thats not true at all..

he got charged with 4 counts.. 3 are attempted murder 2nd degree
ONE is Murder first degree.. They deadlocked on Murder in first degree.. (there was no proof it was premeditated ) 
Judge stated .. one count is overturned NOT the others they are seperate charges.the sentencing will stand.. he can get 25 yrs to life.. the jury had to ask several times to make sure this was correct..
so yes that is the way it is..(its in my parents city )

paysonw - 2014-02-16 5:39 PM

The news report I saw also said he could be retried on the count they deadlocked on.  I don't understand it, but that is what they said. 

komet. - 2014-02-16 6:43 PM That's because that part was determined to be a mistrial. The news I see is the prosecutor will try AGAIN for 1st degree murder... I just don't see it in a spontaneous shooting like this.

barn mom - 2014-02-16 6:54 PM the lawyer said there is no need to retry him. minimum will be 60 yrs. that is life for him. 

barn mom - 2014-02-16 6:54 PM the lawyer said there is no need to retry him. minimum will be 60 yrs. that is life for him. 

runs4fun - 2014-02-16 6:59 PM The DEFENSE lawyer said there is no need to retry him for the 1st degree murder charge.  I'm sure that kid's parents want to see him found guilty of killing their child, which is what he did. But you are right, he'll basically be spending the rest of his life in prison.  As for premeditation from what I understood listening to the attorneys on CNN premeditation can be as little as a few seconds...the time it took him to actually open his glove box to retrieve the gun, point it and pull the trigger.

Bibliafarm - 2014-02-16 7:03 PM  that is why  took the Jurors so long for.. there is a grey area there and it is confusing..

runs4fun - 2014-02-16 6:10 PM  I agree it is very confusing.  In my mind, premeditation requires actual planning as in hours, days or weeks.  That's the kind of premeditated murder trials we normally think of and hear about.  The thing with Michael Dunn that the majority of people couldn't understand was his not calling 911 and getting the cops involved..."hey, I was just confronted and threatened by a car full of teenagers.  I felt I had no choice but to shoot, they drove away so I don't know if anyone was injured. His not doing that made him look guilty of at least a second degree murder charge to me. JMO.

Bibliafarm - 2014-02-16 7:27 PM yes he should have left.. before he shot.and minded his own business as far as music..he was looking for trouble..

geronabean - 2014-02-16 8:21 PM  Troubles not hard to find in that part of town, or really any part of Jax... gettin scary here. But agreed.... loud music is not worth killing over whether premeditated or self defense. There is reasonable doubt for first degree since the boys drove off after the shooting then came back. Cops never searched their route for a disgarded weapon... so just because one wasnt found in the vehicle doest mean there wasnt one. We will never know... and the jury wont either. 
... sad, sad, sad what happened.
 

komet. - 2014-02-16 7:27 PM I agree if they can turn this action into premeditation they can twist any law into anything. But anything that happened AFTER the shooting cannot make it premeditated, doesn't matter what he did or ate. I agree he was wrong to not call 911 and report this right away.

runs4fun - 2014-02-17 7:42 AM I agree that anything he did afterwards doesn't make it premeditated.  It does, however, in my mind, speak to the fact that he knew he really had no business shooting in the car.  I believe he knew perfectly well that he was in the wrong which was why AFTER his fit of anger, he quietly tried to act like nothing had happened.  These kids that play their car sound systems loud like that tick most of us off;however, most of us know better than to say some thing to kids in the cars because they are 99.9% of the time going to smart off to you about it,if you do....common sense and knowing teenagers in groups tell us that.



I went to a gas station one day - it was a Christmas Day, - a couple of years go.  The streets were very quiet and nothing was open except a few convenience stores.  Out of nowhere this car suddenly pulls in, boom box vibrating the very pavement I was standing on, 4 black teens in the car, with pants hanging low one jumps out and goes in.  I'm left standing outside all alone with the booming music and the other 3 boys in the car right next to me.  Quite frankly, I was very nervous.  When the one boy comes out, he asks me directions which I gave him and he very nicely thanked me and off they went!  I could complained about the music and he probably wouldn't of been quite as polite.  We often get back from people what we give.  I truly believe Michael Dunn is a jerk that started the whole thing by overreacting to a car full of kids with loud music that would of been gone in a few minutes if he'd just held his tongue.  The music thing is something that the authorities need to be able to control but in our area it's been deemed something is allowed and most of us just ignore it.

Nita - 2014-02-17 2:03 PM I haven't been following the trial, but as for what I've read on this thread, there may be many factors to the way the statute is written that we aren't considering.

You would have to closely read the way it's worded in that state to see if the actions fit the charge. Usually both (whether 1st or 2nd) are premeditated or could be. Second degree just has different elements, as far as the actions of the offender.

First degree conviction means (in most cases) that they can ask for death penalty. Legislators try to fit everything in that statute that would possibly justify the death penalty.

Second degree carries with it different penalties, such as life in prison without the death penalty as an option.

e.t.a.  I was reading over the Florida statute and it does look like, in that state, premeditated is an element of 1st degree.

NJJ - 2014-02-17 2:35 PM


IMO, this case was prosecuted by an "over zealous glory hound" prosecuter and she ended up shooting herself in the foot again!!!  

fatchance - 2014-02-17 3:39 PM

Just a question for you all and only because I listened to a talk radio program out here after our Govern said he would no longer allow anyone on death row to have their sentences carried out as long as he is in office.  After listening to this program I started digging because I wanted to educate myself.

First and foremost, the time it takes after one is sentenced to death. One is allowed to appeal and can take up to 17 years with some going as long as 38 years.  I personally find this horrible and are you putting to death the same person that committed the crime in those cases?

Next after they are put to death, the death certificate reads reason of death is Homicide.  Not sure why that bothered me but it does.

The argument out "there" is that finding one gulity in the first degree is entitled to life in prison without a chance of parole, and held in a maximum security prison.  That the lack of zero appeals, that the states and government would save money.

That executions are nothing but vengeance, not justice.

Now don't shoot me, because I am just talking out loud, not sure how I feel anymore.

In this case being discussed, he will die in prison, so appeals just cost us the taxpayers more money.....

Anniemae - 2014-02-17 1:29 PM Do you think the prosecution made a mistake going for Murder 1? Should they retry the defendent and allow the jury to consider lesser charges, murder 2 or even voluntary manslaughter?  I do.  

The defendent shot into a car full of teenagers, 10 rounds, and killed a child whose only PROVEN offense was being in a car that had loud music blaring from it...  I briefly read about case; the loud music, the alleged threat that was not substantiated, the exchange of words. What am I missing???

fatchance - 2014-02-17 3:39 PM

The argument out "there" is that finding one gulity in the first degree is entitled to life in prison without a chance of parole, and held in a maximum security prison.  That the lack of zero appeals, that the states and government would save money.

fatchance - 2014-02-17 3:39 PM

Just a question for you all and only because I listened to a talk radio program out here after our Govern said he would no longer allow anyone on death row to have their sentences carried out as long as he is in office.  After listening to this program I started digging because I wanted to educate myself.

First and foremost, the time it takes after one is sentenced to death. One is allowed to appeal and can take up to 17 years with some going as long as 38 years.  I personally find this horrible and are you putting to death the same person that committed the crime in those cases?

Next after they are put to death, the death certificate reads reason of death is Homicide.  Not sure why that bothered me but it does.

The argument out "there" is that finding one gulity in the first degree is entitled to life in prison without a chance of parole, and held in a maximum security prison.  That the lack of zero appeals, that the states and government would save money.

That executions are nothing but vengeance, not justice.

Now don't shoot me, because I am just talking out loud, not sure how I feel anymore.

In this case being discussed, he will die in prison, so appeals just cost us the taxpayers more money.....

Anniemae - 2014-02-17 5:37 PM Can the prosecution refile/retry the case with lesser charges? Not sure how that works in Florida or if that is even is a possiblity. 

Red Raider - 2014-02-17 5:47 PM To be honest, I haven't followed this case much and only know basic information about it.  I don't know if during the trial of this case if they've crossed double jeopardy lines by Florida law that would prohibit a retrial or indictment under lessor charges.  Given that he has been convicted of the other offenses, I would think that the prosecution might work a plea deal of sorts on a lessor charge (if they are able to) that matches what he has been given consequence-wise.  I don't see this being retried again due to the expense and appeal issues associated with murder trials but I could be wrong.