I was just reading the updates for the Florida Firearms book by Jon Gutmacher. This might be relevant to this case.



Mobley v. State, 39 Fla. L. Weekly D 64 (Fla 3DCA 2014), is probably one of the most important self defense cases involving the use of deadly force because of the fact pattern. In that case the appellate court held that the defendant was entitled to SYG immunity where he and a friend were violently attacked by two individuals. When the second man reached into his pocket the defendant believed he was reaching for a weapon and shot him dead. The appellate court, in holding that the defendant was entitled to dismissal of the charges under SYG held that: (1) it is not necessary to give a warning before using self defense, and (2) that a citizen using deadly force need not see a weapon on the other individual so long as a reasonably prudent person in those same circumstances and with the same knowledge of the defendant would have been justified in believing that, and therefore use that degree of force.

Dunn jury sees evidence, hears first witnesses

10 women, 6 men will hear closely watched murder trial

Author: Vic Micolucci
Published On: Feb 06 2014 08:00:00 AM EST

JACKSONVILLE, Fla. - Thursday afternoon, prosecutors and defense attorneys laid out their different versions of the November 2012 night that a middle-age software engineer from central Florida fatally shot a 17-year-old teen during an argument over loud music outside a Southside convenience store.

Later in the day, the first seven witnesses for the state testified before court was recessed for the day.

Just after noon, Judge Russell Healey invited the jury into court, had them sworn in and thanked them for their service. He instructed them to not treat statements by the lawyers in the case as facts, or not to view any media coverage of the trial or discuss the case among themselves.

...more at link
http://www.news4jax.com/news/questions- ... index.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

A tale of two evenings: opening statements in the Michael Dunn trial
Posted: 6:24 p.m. Thursday, Feb. 6, 2014

By Stephanie Brown

Jacksonville, FL — Both the State and Defense have started to show their hands, and they have distinct representations of what happened November 23, 2012.

Assistant State Attorney John Guy began with an opening statement that was soft spoken and calm. He recounted a night where he says Jordan Davis and three of his friends went out to a shopping mall and stopped at a gas station. He says Davis cursed at Michael Dunn after Dunn asked them to turn down their music- but that it was disrespect, not a threat.

He then detailed Davis’ injuries- a bullet to each leg and his side- and the how the teens reacted to the extent of those injuries and sought help.

Defense Attorney Cory Strolla differed. He told the jury several times he realizes he brought a different intensity to his opening statement, but said emotion shouldn’t be a factor in the deliberations, evidence should.

Strolla started depicting a scene where Dunn tried to act calmly, but was concerned when Davis started cursing. When he further thought he saw Davis hold a gun was when Strolla says gun started reacting to save his life.

...more at link
http://www.wokv.com/news/news/local/tal ... nn-/ndGK6/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

After the first half day of evidence I have a clear picture in my mind of the overall event.

Of course the motives, thinking etc of players is important and no doubt will be further explored.

It seems critical to the case to explain why Dunn may have been fearful of what Davis was about to do. If Dunn simply unloaded 10 shots because he was annoyed with the loud music and the "attitude" of Davis, then it is murder. That scenario is what is IMPRINTED on Traybot Worrier types posting at other forums. They can not see, or even think, past that.That is the way cases (and the world) works for them. You decide who is "the victim" then block out any facts that are at odds with that, or even just expand on that a little.

Dunn is claiming that he thought he saw Davis point a shotgun (or something)... even if he was mistaken... it is sufficient if it was reasonable for him to think that. Remembering the burden of proof is on the State. They can't prove that "there was no gun" simply by parading witnesses who never saw it. That is not how evidence and logic works
A creditable witness could (hypothetically) prove there was a gun if they saw it... but no matter how many witnesses testify they did NOT see a gun it does not prove it was not there. ( it might help suggest that (circumstantial evidence), but not PROVE it as an absolute)
The example/illustration I have already mentioned is fingerprints. Finding a print on something PROVES a person handled the item. NOT finding a print does NOT prove they did not handle it.
One normally looks for "witnesses" who saw an event (crime)... not so much people who didn't see anything...

In this case there was certainly opportunity to ditch a gun. In fact it seems suspicious that the car was driven away as soon as the shooting ended... to a more remote spot... then driven straight back to where the incident took place. I think the defence can suggest the reasonable narrative... that they drove away, got rid of incriminating evidence, then came back to face what happened next.. cops all over the the car etc. Perhaps they dumped the gun? drugs? Who knows. The defence can certainly allude to that as a reasonable hypothesis.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Thanks for keeping us updated, Rumpole.

I wonder if they'll put Dunn on the stand. Usually Lawyers do not advise that I know, but maybe he could convey just how afraid he was when he thought he heard words about killing that may or may not have been just singing. It's interesting how some media reports I've seen seem to start off with Dunn shot and then went for pizza which seems so damning. But then driving away and circling back could suggest disposing of something which looks bad too. I'm not clear if they went a distance or just circled around the area and came right back in a very short time.

Statements from the following link aggravate me because I don't believe it's fear of people that are different than each of us, but more a fact that there has been so much more violence being reported nonstop which seems to naturally cause people to be more jumpy.

Excerpt from this link http://www.cnn.com/2014/02/05/justice/f ... der-trial/

"The gun culture, at this point, I believe is really fueling a lot of fear. Citizens are in fear of one another, fear of people that they don't know, people that don't think like them, look like them, act like them," she said in a CNN interview last month.

I didn't realize the boys didn't call, or ask anyone to call, 911 until they got back to the store. How long were they gone?

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

Minutes

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Guy seems to have way less of a Southern drawl now than he did during the Zimmerman trial. Not as many middle aged white women to woo? JMO

Tevin seems very credible. I think pre-meditation is out the window. Teens seem to have zero respect for their elders....they believe they are the ones who have somehow earned respect in their short time on this earth.

Is this being considered a hate crime?

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

Is there a link to the 911 call Dunn mentions in his letter? Anyone know who made the call and I will find it myself? Sounds like he thinks it is important. viewtopic.php?f=102&t=1183#p67558

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

I have not seen any mention of it being a "hate" crime... except of course it's a white shooter and a dead black guy (unarmed teen)

So all the Traybot Worriers just KNOW it is a Raciss Hate crime...

I think the system is... go for a conviction first... then if "Guilty" perp is acquitted because of a dumb jury and corrupt prosecution losing on purpose, then scream "Raciss" and demand Holder and DOJ try the perp again.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Wow, the last witness really made me think they tossed a gun. Then Guy wants to waste some time thinking of a way to do damage control after her testimony. HUNCH: They stashed the gun, the driver calls someone to pick it up. Shades of baby Santiago.

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

And.... the BURDEN is on the State as always. All defence need to do is present it as a reasonable hypothesis.

At the risk of repeating myself... it is NOT sufficient for Guy to keep presenting testimony from people who didn't see. By definition they are NOT witnesses at all. (on this point)

Like I said, I've not seen the evidence, nor have I followed in media, and I am full of doubt. I think Dunn had to make a snap decision if he indeed thought he saw a gun - and there was motive and opportunity to get rid of the gun. The biggest because dude with the record would have gone to prison if a gun was found in his car.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Good point from renewsit

Guy laughs off having a warrant removed for an eyewitness in a high profile case HE is prosecuting. I feel like I am living in an alternate universe.

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

Corey is the leader... but all her assistants (that I have seen) look like devious slime-balls too. (Ref Bernie)

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Just in passing... I have seen descriptions of "drive by" shooters handing off the weapon to a homie...so that it's not in the vehicle or with the occupants in case they get stopped by cops.... maybe I read too many comics?

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

If Corey prosecutes it... ya gotta acquit!!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Aaron Hernandez is a good (recent) example of a (serial killer), criminal who waxed oh-so-indignant when charged with double murder ... and the ... da gun was found in the trunk of a car that had been involved in an accident. OoooOOps

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

I certainly agree!

Why go back to Gate? Teens in car with Jordan Davis speak for the first time
Updated: 6:15 p.m. Friday, Feb. 7, 2014 | Posted: 8:52 a.m. Friday, Feb. 7, 2014
By Stephanie Brown

Jacksonville, FL — It’s the first time we’re hearing from the teens in the car with Jordan Davis the night he was shot and killed.

Tevin Thompson, the front side passenger, took the stand first Friday afternoon, following a grouping of law enforcement and first responders interviewed through the morning. Led by Assistant State Attorney John Guy, Thompson talked through the day leading up to the shooting, including meeting up with Davis, Leland Brunson, and Tommie Stornes and going to the Town Center to pick up girls. Thompson says they stopped at the Gate to get some gum on the way to the Avenues, but only Stornes got out. The rest of them stayed in the car listening to music.

“It was pretty loud sir,” Thompson told Guy.

At one point, Thompson says a man he identified as Michael Dunn pulled up next to them and asked them to lower the music.

“Turn the music down, I can’t hear myself think,” Thompson recalls Dunn saying.

Thompson did, but then Davis got “enraged” and cursed at Dunn, turning the volume back up. Thompson says he pushed Davis’ window up almost to the top in an effort to stop things from escalating, but he says Davis and Dunn continued to “have words”, although Davis never made a threat.

While being cross examined by Defense Attorney Cory Strolla, however, Thompson admitted that he couldn’t hear everything that was being said because of the volume of the music. He also insisted Davis never tried to get out of the car, although that led Strolla to question whether Thompson has “eyes in the back of your head” because Davis was sitting immediately behind him.

...more at link
http://www.wokv.com/news/news/new-insig ... ial/ndGkW/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light