Lawyers ask for new trial for Michael Dunn in 17-year-old's shooting death in dispute about loud music
By Larry Hannan | Jacksonville.com | June 7, 2016
Attorney Terry Roberts argued Tuesday that the convictions and life sentence should be thrown out because prosecutors did not successfully rebut Dunn’s statement that Davis threatened to kill him minutes before the shooting. Roberts also said forensic pathologist Stacey Simons shouldn’t have testified about whether Davis had opened the vehicle’s door because she is not an accident scene reconstructionist.
Dunn testified that he asked the group to turn down their music and they complied at first. But Jordan, sitting in the back seat of the Dodge Durango, got angry and ordered the music turned back up. He then told Dunn he was going to kill him and started to get out of the car with a shotgun, Dunn testified. That’s when Dunn grabbed his pistol and started firing at the vehicle.
Only Davis was hit and killed. The others acknowledged that Davis got mad after Dunn asked them to turn the music down but said he never threatened Dunn and never had a gun.
Dunn was not at Tuesday’s hearing and will remain in a Florida prison while the judicial panel considers his appeal. Officials with the Florida Department of Corrections have refused to say where Dunn is, citing it would create a security risk.
The judges did not say when they would rule on the appeal. But most rulings occur a couple of months after oral arguments conclude.
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