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Jurors Given Allen Charge in Michael Dunn Trial

Update: Mistrial declared on count 1 (murder.) Jury convicts on 3 counts attempted murder and missile firing charge. (no link because I can't find one yet without automatic video playing.)

Jurors in the trial of Florida trial of Michael Dunn have reached a verdict on four of five counts. They are deadlocked on Count 1, premeditated murder, and the lesser offenses of Second Degree Murder, and Manslaughter by Act. Around 5pm today, the Judge read them an Allen charge, instructing them to keep trying. If they can't reach a verdict on Count 1, the judge will declare a mistrial as to that count only, which would allow prosecutors to retry him.

The case is in the national news because of comparisons to the George Zimmerman case. I don't see the connection. Zimmerman was reacting to being punched in the nose, and thought Martin might have been reaching for his (Zimmerman's) gun. Dunn wasn't physically attacked, he thought someone in the car had a gun. (There were four young men in the car.) Dunn didn't have his gun on his person, he had to get it from the glove compartment. Dunn shot at the vehicle several times, including as it was driving away from the scene. [More...]

According to this news report:

Jurors told Healey they have reached a decision on the three attempted murder charges for the shots fired into the red Dodge Durango, carrying teenagers Tommie Stornes, Leland Brunson and Tevin Thompson. They have also reached a conclusion on one count of shooting/throwing deadly missiles for shooting in the red Dodge Durango carrying the teens. They have not yet announced either of those outcomes.

Florida's Allen Charge is required in deadlock situations. It's an odd one. It tells the jurors to go around the room and each state the weakest support for their own position.

As to the other counts, he is charged with attempted murder of the three teens who didn't get shot, and shooting or firing a deadly missel.

If Dunn is convicted on the attempted murder charges, he could still be facing significant prison time. Each carries a penalty of up to 20 years, which if not served concurrently would amount to an effective life sentence. The deadly missile charge carries a maximum penalty of 15 years.

Once again, the media smells a ratings opportunity and is going to go all out to hype the case. NBC in Florida will air updates on the jury deliberations during tonight's Olympics.

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  • Display: Sort:
    What a relief that the facts have (5.00 / 6) (#1)
    by oculus on Sat Feb 15, 2014 at 06:24:09 PM EST
    finally been conclusively nailed down re the death of Trayvon Martin.

    Yes.. (5.00 / 4) (#19)
    by jondee on Sun Feb 16, 2014 at 11:44:54 AM EST
    it's been established beyond any doubt that Martin was congenitally incapable of ever feeling threatened, whereas 2nd Amendment heroes from gated communities are just slightly more evolved.

    Parent
    Gated (none / 0) (#38)
    by Mikado Cat on Mon Feb 17, 2014 at 01:37:02 AM EST
    community is such an annoying point to me. I live in OC where gated communities with armed guards and real security are common, and not in the remotest sense anything like Twin Lakes and $65k condo's.

    Parent
    The Facts in Zimmerman were (2.33 / 6) (#62)
    by IrishGerard on Mon Feb 17, 2014 at 04:05:42 PM EST
     'conclusively nailed down' within 48 hours of the shooting. It wasn't at all complicated.

    It wasnt just the Sanford Police Dept that claimed the evidence supported zimmerman's version of events. it was the States Attorney in the presiding jurisdiction that also believed zimmerman's use of force was justified.

    I'll bet the fact that a career prosecutor, in said jurisdiction, believed zimmerman acted in self defense didnt even pique your interest.

    I don't understand why people who have such disdain and disrespect for the moderator's legal analysis bother to post here. I believe you have an ulterior motive, but if I owned this blog I'd excise the anti-zimmerman nuts who repeatedly misrepresent the facts. she might end up with a more reasoned clientele. I would start with anyone who gave your post a High 5

    Parent

    I'm sure your one comment every (5.00 / 5) (#63)
    by MO Blue on Mon Feb 17, 2014 at 04:25:54 PM EST
    6 months will sustain Jeralyn's blog.

    Parent
    In other words (5.00 / 1) (#126)
    by jondee on Wed Feb 19, 2014 at 10:32:40 AM EST
    concur on every point or keep your mouth shut if you don't. Sort of like the way people are expected to act in North Korea.

    Parent
    Right ON (none / 0) (#99)
    by squeaky on Tue Feb 18, 2014 at 12:15:07 PM EST
    The commenter you are responding to has been a prosecutor, and is rarely pro defense, as for the people who gave 5's many of them are conservative liberals (oxymoron?) who are tough on crime. A wave came of them came to support Hillary (who I also supported)  and stayed.

    So, TL commenters are a mixed bag. Traditional left and liberals, and "independents" who believe that our criminal justice system is not tough enough. Also we have some libertarians and GOPers who comment regularly.

    There was quite a problem with the comments during the trial. Those commenters who misrepresented the facts had their comments deleted, and those who did so repeatedly were limited to 4 comments a day.

    Parent

    This is just silly (5.00 / 3) (#157)
    by ZtoA on Wed Feb 19, 2014 at 07:10:29 PM EST
    What a person thinks about this trial or the Z trial does not define their liberalism. Those commenters are consistently very progressive on most every issue. The Z trial was very confusing and I think there was legitimate debate. J allowed much debate despite her defense focus - much to her credit. Views on guns, gun rights and gun laws is usually has progressives being pro-regulation and conservatives, libertarians and the hard right being anti-regulation, so your position on these issues is not typically progressive. That does not make you a conservative. Its just an area of legitimate disagreement and debate.

    Parent
    Silly? (none / 0) (#161)
    by squeaky on Wed Feb 19, 2014 at 08:09:56 PM EST
    TL is Progressive and quite firmly on the side of the right to carry arms. Not sure where you are getting your data from regarding progressives who want to eliminate the 2nd amendment.

    Not sure where you were during the Z trial, but many were commenters who wanted to see Z fry, were limited to 4 comments a day when they repeated false information, or opinion stated as fact. False information on the defense side was also not tolerated. Some commenters were banned..

    And yes, Jeralyn fostered discussion encouraging a variety of opinion, both for the defense and against. There is no question about that, as she is quite tolerant of opinions that differ from her own.

    Parent

    Being pro-regulation is not (5.00 / 5) (#163)
    by Anne on Wed Feb 19, 2014 at 08:30:48 PM EST
    being anti-2nd Amendment; ZtoA said nothing about progressives wanting to eliminate the 2nd Amendment - that's you, conflating those positions, twisting his comments.  Why is that?  Is it because those taking a more pro-regulation position, who think SYG laws are dangerous, are generally people with whom you are almost reflexively oppositional, no matter what positions they express?  

    Because even a casual glance at your interactions would seem to indicate that's exactly what's going on.

    Unless it's just an inability to comprehend the words people are writing.  Maybe it's both.

    I support the 2nd Amendment, but I don't believe it confers a right that is exempt from regulation, either judicially or legislatively. And the courts have, I believe, agreed.

    I eagerly await your comical attempts to turn what I just wrote into something else; I just wish it was a little more entertaining.

    Parent

    Yes ... silly (5.00 / 3) (#164)
    by Yman on Wed Feb 19, 2014 at 08:34:02 PM EST
    TL is Progressive and quite firmly on the side of the right to carry arms. Not sure where you are getting your data from regarding progressives who want to eliminate the 2nd amendment.

    "TL" does not speak for progressives.  Moreover, ZtoA did not say that most progressives want to "eliminate the 2nd amendment".  He said they are "pro-regulation".  And liberals are in favor of stricter gun control laws - 62% want stronger gun control laws vs. 9% who want less strict laws and 29% who want gun laws kept as is.

    Parent

    silly silly silly (5.00 / 3) (#166)
    by ZtoA on Wed Feb 19, 2014 at 08:44:56 PM EST
    Most progressives support the 2nd amendment and are also for reasonable regulation. What is reasonable is, and should be, subject to disagreement and debate. TL is progressive but TL does not define progressive. I have never heard here (or anywhere actually) the notion that the federal government should take away all the guns or change the constitution to eliminate the 2nd amendment.

    Sometimes your comments are just silly. I never read a comment here that wanted "Z to fry". Maybe they were deleted before I read the thread. Some did not think that "reasonable doubt" was not met.

    Frankly I thought the Z threads were fascinating. Yes, many differing opinions were allowed. We got to follow how a great defense lawyer builds a case. I had my own gut feelings but I have to say that I learned a lot.


    Parent

    By TL Opinion... (5.00 / 1) (#173)
    by ScottW714 on Thu Feb 20, 2014 at 09:37:25 AM EST
    ...you surely realize that is one person's opinion, not the voice of an entire political grouping, right ?

    And that opinion is not shared by most progressives, liberals, or whatever you want to call people who fall to the left.

    Parent

    Jesus, Mary and Joseph.. (none / 0) (#182)
    by jondee on Thu Feb 20, 2014 at 01:00:26 PM EST
    there are even a fair number of people generally on the right on most issues who favor SOME reasonable regulations on firearms..

    Why do the debates here always seem to bring out the "any regulation is a slippery slope" paranoics?


    Parent

    Its something to do with (none / 0) (#191)
    by Mikado Cat on Sat Feb 22, 2014 at 01:09:24 AM EST
    Every regulation turning out to be a slippery camel's nose in the tent.

    Same as the first amendment, you can't defend freedom of speech a little or when it bites you personally. It deserves a vigorous defense whenever challenged.

    Parent

    Sure, you can (none / 0) (#192)
    by Yman on Sat Feb 22, 2014 at 07:35:38 AM EST
    Same as the first amendment, you can't defend freedom of speech a little or when it bites you personally. It deserves a vigorous defense whenever challenged.

    There is not a single right - including every constitutional amendment - that is absolute.

    Nor should there be.

    Parent

    Not absolute (none / 0) (#203)
    by Mikado Cat on Sat Feb 22, 2014 at 09:35:24 PM EST
    but as I said, all worthy of and requiring a vigorous defense to any challenge. Point being the size of the challenge or its merit is immaterial to the need to defend the right intact.

    Parent
    Ridiculous (none / 0) (#206)
    by Yman on Sat Feb 22, 2014 at 10:03:09 PM EST
    Not absolute but as I said, all worthy of and requiring a vigorous defense to any challenge.  Point being the size of the challenge or its merit is immaterial to the need to defend the right intact.

    If no right should be absolute, then by definition some restrictions on those rights are meritorious and those restrictions should be supported, rather than opposed for the sake of keeping the right "intact".  

    Parent

    Of course (none / 0) (#207)
    by Mikado Cat on Sat Feb 22, 2014 at 10:50:21 PM EST
    but is there any other method of deciding if a restriction has merit than the vigorous defense of the right? Restrictions with merit should survive.

    Parent
    VERY silly (none / 0) (#181)
    by sj on Thu Feb 20, 2014 at 12:32:04 PM EST
    J has acknowledged that the "progressive" position on the gun issue is for greater regulation, even while she doesn't understand that, really, or agree with it.

    Your other red herrings aren't even worth limning.

    Parent

    Maybe here (none / 0) (#7)
    by Mikado Cat on Sun Feb 16, 2014 at 03:20:42 AM EST
    but not any other place I look, say Mother Jones etc. Most follow some variation of the Crump narrative oblivious to the facts.

    Parent
    You Missed Oculus' Sarcasm (none / 0) (#11)
    by squeaky on Sun Feb 16, 2014 at 07:44:16 AM EST
    Not surprised. The two of you could have a discussion, and unbeknownst to you, it would be comedy and you would be the straight man (or woman).

    Parent
    Or, ... (none / 0) (#13)
    by Yman on Sun Feb 16, 2014 at 10:57:23 AM EST
    ... too aware of the facts to buy the "O'Mara narrative".

    Parent
    What (none / 0) (#39)
    by Mikado Cat on Mon Feb 17, 2014 at 01:40:58 AM EST
    narrative did O'mara ever put out? And how did it in any way not follow the evidence of the case?

    Parent
    The entire story, ... (none / 0) (#42)
    by Yman on Mon Feb 17, 2014 at 07:39:00 AM EST
    ... including (but not limited to) the video he claimed was Martin taping two of his friends beating up a homeless man.

    But my point was your BS claim about people who don't buy the O'Mara narrative being "oblivious to the facts".

    Parent

    Not what I said (5.00 / 1) (#116)
    by Mikado Cat on Wed Feb 19, 2014 at 03:05:30 AM EST
    Its six inches up in the thread, hard to see how you missed it.

    Crump and Julison created a work of fiction to sell to the media, a narrative of the events, created at a time they had no real information.

    O'Mara put on more of a side show and stuck mostly with the evidence, really forced to by the amount of recorded testimony Zimmerman gave preventing much comment.

    Do you really think mistakes in identification in that video are a big issue? Mistake made and quickly admitted.

    Parent

    Didn't miss it at all (none / 0) (#119)
    by Yman on Wed Feb 19, 2014 at 06:31:01 AM EST
    It' the same, old fairy tale.  As far as Crump and Julison creating a "work of fiction" - they were working with the evidence they had at the time.  They didn't have a client to create that work of fiction for them.

    BTW - It wasn't a "mistake in identification" in that video.  The video just didn't show what O'Mara purported, something anyone who viewed the video a single time would have known.  But no surprise you're excusing it.

    Parent

    Crump and Julison ... (5.00 / 1) (#125)
    by CityLife on Wed Feb 19, 2014 at 09:56:30 AM EST
    "- they were working with the evidence they had at the time."

    No they were not. Crump lied, he created the narrative about Zimmerman supposedly following Martin "because he was black" and "because he wore a hoodie." Look how Crump lied in this video. We have the Zimmerman 911 call so we know what Zimmerman actually said and he said no such thing. Crump also had a hell of a lot of nerve spinning his narrative when he knew what the eye-witness had said to police that night.  Crump had access to what the police knew about Zimmerman's injuries so it is amazing he still is allowed to practice law after perpetrating a fraud like he did with claims like "That police report is a fabrication" and "Obviously there was a conspiracy to conceal the truth" as he started spinning the story about how Zimmerman didn't have injuries (even though the photos of Zimmerman's injures were available and even though the eye-witness testimony from that night was available to him.) Also Crump had a lot of nerve talking about a "good kid" when the very reason Martin was in Sanford was because he had gotten in trouble again. Crump is a shameless greedy lawyer and it is a shame that he and people like Ryan Julison and the "journalists" like Matt Gutman can get away with doing so much damage to our country. Gutman regurgitated Crump's lies when he tweeted false claims like  "Sanford FL neighborhood watch captain who shot 17 yr old teen bc he was black, wore hoodie walking slowly, likely not 2 be arrested"

    Parent

    It was more than several shots. (5.00 / 3) (#2)
    by Donald from Hawaii on Sat Feb 15, 2014 at 06:37:33 PM EST
    According to the evidence presented at his trial Michael Dunn fired ten rounds at the Dodge Durango SUV, killing 17-year-old Jordan Davis.

    And contrary to the defendant's claim that he saw the defendant with what he said was a shotgun, the police found no firearms either in the victims' vehicle, or on the persons of the deceased and his three friends.

    Several witnesses who saw the surviving teens flee into the South Gate Plaza parking lot after Dunn opened fire testified that they never saw them dispose of anything looking like a weapon. And Dunn's own fiancée testified that he never told her about having seen the defendant brandish a gun.

    Further, the defendant didn't call 911 to report the shooting or remain on the premises to await the arrival of the authorities. Rather, he and his fiancée fled the scene and drove 40 miles south to St. Augustine, where they had reservations at a bed & breakfast. The next day, having seen TV reports about the shooting, they packed their bags and drove another 130 miles home to Satellite Beach, where the defendant was later arrested.

    Regardless of how this trial turns out, I'm of the increasingly firm opinion that Florida's "Stand Your Ground" law needs to be substantively amended to require a defendant to offer an affirmative defense, rather than simply rest upon a personal assertion that he or she was afraid.

    One's own fearful state of mind (whether real or otherwise) should not be regarded as sufficient legal grounds, in and of itself, to sustain a subsequent claim of immunity from the consequences of one's own violent act.

    Aloha.

    It likely hinges on whether the jury agrrees (5.00 / 1) (#4)
    by oculus on Sat Feb 15, 2014 at 06:54:16 PM EST
    defendant's suspicions were objectively reasonable.

    Parent
    What Threshold to Use Lethal Force? (5.00 / 0) (#17)
    by Harold on Sun Feb 16, 2014 at 11:13:21 AM EST
    I'm of the increasingly firm opinion that Florida's "Stand Your Ground" law needs to be substantively amended to require a defendant to offer an affirmative defense, rather than simply rest upon a personal assertion that he or she was afraid.

    (Note that as words of art, the latter is an affirmative defense.  The defendant admits to the shooting, but offers the defense of self-defense.)

    Does this have anything to do with the package of laws that included the Stand Your Ground provision?  I seriously doubt it, it's a very old thing; English common law, right?

    You don't like the threshold of a perceived threat of lethal force.  What do you, could you, make the threshold?

    Parent

    No. (5.00 / 3) (#72)
    by Donald from Hawaii on Mon Feb 17, 2014 at 07:51:33 PM EST
    By almost any reasonable measure of assessment, Dunn was the aggressive party here. He initiated a confrontation for a very frivolous reason (loud rap music), and then he opened fire on unarmed victims. Yet Florida law gives undue weight to his unsubstantiated assertion that he was fearful because he thought he saw what was the barrel of a shotgun, and discounts the fact that the victims were completely unarmed.

    An affirmative defense would have required Dunn to prove that either his own life or someone else's life was actually in imminent danger, and that he had absolutely no other recourse but to stand his ground and defend himself.

    As the law stands right now, he simply needed to assert his belief that his life was in imminent danger, which then delegates to the prosecution the unenviable and often nearly impossible task of having to disprove the defendant's own past state of mind. Not surprisingly, at least one member of the jury saw it partially Dunn's way with regards to Davis' killing, even though there is no evidence to support Dunn's assertion of mortal peril.

    Aloha.

    Parent

    You're entitled to your own opinion (5.00 / 0) (#73)
    by Harold on Mon Feb 17, 2014 at 09:15:25 PM EST
    But no your own facts.

    Dunn indeed made an affirmative defense (check the link, or use your favorite search engine to find sources other than Wikipedia), when he affirmed that he fired those shots.

    Your issue is that you don't believe in the "innocent until proven guilty" foundational principle of American law.  Which is the case for the affirmative defense of self-defense for every state in the union except Ohio, per Vilos' Self Defense Laws of All 50 States (now in a 2nd edition).

    And I don't see what your beef is.  They say hard cases make bad law, but this doesn't seem to be a hard case at all.  The prosecutors had no trouble getting guilty verdicts on the attempted murder charges, and we simply don't know why the jury hung on the murder charge.  But we do know Corey will retry him on that, and from what I've read retrials generally go poorly for the defense, the prosecutors has already seen all their cards.

    Parent

    I don't follow this (none / 0) (#8)
    by Mikado Cat on Sun Feb 16, 2014 at 04:14:02 AM EST
    SYG is about the need to prove in court that safe retreat was not possible. Fiancee about to return from the store, both parties with vehicles, and potential of firearms, where is the safe retreat?

    Basic rules of self defense speak to use of force, when and how much. I don't see firing at a fleeing person or vehicle typically passing muster.

    I like the statute, that a reasonable person would see the action as posing imminent harm, threat with the immediate means to carry out the threat. Again, what I know of the case it fails this test as well.

    Parent

    "Where is the safe retreat"? (5.00 / 2) (#70)
    by Donald from Hawaii on Mon Feb 17, 2014 at 07:15:24 PM EST
    For starters, Dunn could've simply kept his mouth shut, and then left when his fiancée returned to the vehicle. Nothing compelled him to say anything to those boys, save perhaps for his own egotistical desire to assert his social authority as a white man and put them in their place. And afterward, when the law required that he remain at the scene, he fled.

    Parent
    Safe retreat? (5.00 / 0) (#76)
    by citizenjeff on Mon Feb 17, 2014 at 09:23:57 PM EST
    Whether or not there's a duty to retreat applies to the point when a person felt it was necessary to use deadly force. In this case, the defendant said he was three feet away from a person who had supposedly brandished a gun. Under that scenario, a safe retreat was not possible.

    Parent
    It's a moot point... (none / 0) (#79)
    by unitron on Mon Feb 17, 2014 at 11:32:23 PM EST
    ...because in Florida there is no duty to retreat.

    Parent
    I'm Surprised at you Unitron (none / 0) (#84)
    by RickyJim on Tue Feb 18, 2014 at 09:12:20 AM EST
    We went through this many, many times during the Zimmerman case.  Fl 776.041 goes:
    776.041 Use of force by aggressor.--The justification described in the preceding sections of this chapter is not available to a person who:
    (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
    (2) Initially provokes the use of force against himself or herself, unless:
    (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
    (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

    If you, as I do, regard Dunn as the initial provoker, he certainly had the duty to retreat

    Parent

    Provocation worthy of a lethal force response? (none / 0) (#85)
    by Harold on Tue Feb 18, 2014 at 09:54:06 AM EST
    So you're saying the law and case law is such that asking someone to turn down their music is such a provocation that if their response is a threat of lethal force, you must disengage and retreat if at all possible?

    Let's turn that around: would a provocation of playing objectively (i.e. enough dB) excessively loud music warrant a response of a threat of lethal force ("Turn down your music or I will kill you with this gun in my hand"), and you must first try to disengage and retreat if you can???

    Parent

    You have been mis-informed.... (none / 0) (#27)
    by unitron on Sun Feb 16, 2014 at 08:01:28 PM EST
    SYG is not, itself, about proving that observing the duty to retreat was not possible, it's about there not being a duty to retreat if you were someplace where you had a right to be.

    Florida's Justifiable Use of Force law (Fla 776) (if you can't tell blue from black on your screen, the verbiage preceeding this parenthetical statement is a clickable link to the wording of the Florida law) was amended back around 2005, removing the duty to retreat part, or at least clarifying that there is no such duty.

    776.012, 776.013, and 776.031 talk about the lack of a duty to retreat if you're somewhere that you have a right to be, and 776.013 specifically mentions standing one's ground as well.

    For some reason people, including the police, down there insist on confusing the whole SYG part of that law with 776.032, the immunity provision.

    It was the immunity provision which legally prevented the Sanford PD from arresting and charging George Zimmerman the night of the shooting death of Trayvon Martin--they didn't have enough probable cause that it was not self-defense.

    Unfortunately they referred to the immunity provision, or maybe all of Fla 776, as SYG, and the press were too stupid and in too much of a hurry to check any further, but the Zimmerman case and SYG had absolutely nothing to do with each other.

    The police weren't prevented by the law from continuing to investigate, and eventually someone came up with what they claimed was sufficient probable cause that it was not self-defense, and they proceeded to charge and prosecute.

    Parent

    There is no duty to retreat in any statute (none / 0) (#40)
    by Mikado Cat on Mon Feb 17, 2014 at 01:52:06 AM EST
    Only a duty to safe retreat if possible. I pretty much have the statute memorized at this point, and understand it.

    Without SYG at the discretion of the DA you need to prove in court that safe retreat was not possible, in addition to the act being self defense.

    The press was more culpable than stupid IMHO, in spreading distortions of the laws meaning and effects.

    Parent

    In Florida... (none / 0) (#64)
    by unitron on Mon Feb 17, 2014 at 04:57:15 PM EST
    ...there is no duty to retreat, whether or not it can be done safely, and no obligation to prove anything about whether it could be done safely or not.

    Parent
    Correct (none / 0) (#117)
    by Mikado Cat on Wed Feb 19, 2014 at 03:18:38 AM EST
    But there is no duty to retreat anyplace I know of, only a duty to safe retreat if possible.

    People seem to confuse the lack of a duty to retreat in FL to mean that someplace else there is some duty to retreat, and it is always duty to safe retreat if possible. No place that I know of requires retreat if it isn't safe to do so.

    This gets combined with when question of retreat applies, and many miss the fact that it only applies to the immediate time around the act of self defense. Not when Zimmerman gets out of his truck, but only when he is flat on his back and draws the gun and fires.

    Parent

    Don't know about current law (none / 0) (#122)
    by Harold on Wed Feb 19, 2014 at 08:56:57 AM EST
    But back in the early-mid-80s, the Massachusetts supreme court repeatedly narrowed or nullified the Castle Doctrine laws the legislature passed.

    I've heard one woman got convicted because she declined to try to escape through the high, small windows of a basement apartment, and I "watched" in the Boston Globe as a father was convicted for not abandoning his sleeping daughter to the tender mercies of a home invader (a fact that was not denied by the prosecution).

    Note this is duty to retreat from your legal residence.  While this doesn't address your general point, per the new mid-July 2013 2nd edition of Branca's The Law of Self Defense, in the row "General duty of non-aggressor to retreat before use of force in self-defense" (there are further breakdowns for in your residence and Stand Your Ground), 13 states require a duty to retreat before using "deadly" force, Iowa, Massachusetts and Minnesota before use of any force, you have to assume Missouri is the same (our Missouri Plan selected higher judges routinely nullify crystal clear self-defense laws), Vermont's is conditional on requiring immediate lethal force, and Virginia is conditional on your made no "contribution to the affray" (which might cover Dunn).

    I bring this up because in those 17+ duty to retreat states, prosecutors and judges could and in at least some of them often do, apply the same sorts of unreasonable demands that were applied to those two victims of violent crime in their own residences in Massachusetts I mentioned at the beginning.  Oliver Wendell Holmes famously said "Detached reflection cannot be demanded in the presence of an uplifted knife.", but we see enough of that in the courts that we gun owners push eeeeeevil Stand Your Ground laws.

    Parent

    Wow (none / 0) (#190)
    by Mikado Cat on Sat Feb 22, 2014 at 12:31:54 AM EST
    Thanks for educating me, but are the actual statutes that wacky, or is it the court taking extreme views of what is or isn't safe?

    This snip from Mass.gov jury instruction

    A person cannot lawfully act in self-defense
    unless he or she has exhausted all other reasonable
    alternatives before resorting to force. A person may use
    physical force in self-defense only if he (she) could not get out
    of the situation in some other way that was available and
    reasonable at the time.

    Parent

    Those cases you cite ... (none / 0) (#193)
    by Yman on Sat Feb 22, 2014 at 07:40:45 AM EST
    ... sound unbelievable.

    Literally.

    ... certainly your summary of them.  With results that crazy, you must have a link or at least a case name ... right?

    Parent

    You don't see the connection? (5.00 / 4) (#6)
    by ZtoA on Sat Feb 15, 2014 at 08:39:46 PM EST
    Seriously? Some armed adult aggressively confronts a teen because he thinks the teen is misbehaving. The teens get annoyed and an argument ensues. The armed adult uses his weapon to shoot the teen. The teens are dead and were unarmed. Adult men say that they thought the teen might have been armed and they were scared.

    That is the meta narrative. Beyond reasonable doubt? That is an inexact term and people can reasonably disagree. I suppose that is one reason venues are important since local cultures can have similar biases.

    You see THAT connection? (5.00 / 0) (#16)
    by citizenjeff on Sun Feb 16, 2014 at 11:11:02 AM EST
    Zimmerman didn't say he shot Martin because he thought the kid was armed, and you have no way of knowing that GZ aggressively confronted him. GZ might have been meandering in a most non-aggressive manner when he was attacked. Right?

    Parent
    In both cases it was the adult (5.00 / 4) (#25)
    by ZtoA on Sun Feb 16, 2014 at 07:11:52 PM EST
    who initiated contact. And then both adults said they reacted because they were scared.

    Parent
    Define, please... (5.00 / 0) (#28)
    by unitron on Sun Feb 16, 2014 at 08:04:40 PM EST
    ..."initiated contact".

    Physical contact, verbal contact, being within visual range, what?

    Parent

    "initiated contact" (5.00 / 0) (#30)
    by citizenjeff on Sun Feb 16, 2014 at 08:20:56 PM EST
    Another baseless assumption. Are you even trying here?

    Parent
    Question (5.00 / 7) (#47)
    by Dadler on Mon Feb 17, 2014 at 12:00:06 PM EST
    If you were the parent of an African-American teenager, would you want George Zimmerman armed and "patrolling" your apartment complex?

    I'm not asking for incendiary purposes, I'm asking to see if you can get yourself to play Devil's Advocate with your own "certainty."

    Also, let's play this out according to what is not baseless. George Zimmerman sees a black kid and assumes he's one of the "assh*les" who always get away (his own words on his phone call). So he walks after the kid to investigate, with enough effort to get out of breath. Kid sees Zimmerman and wonders why this hurried anxious white guy is following him. So maybe kid hides behind bush, or around a corner, or maybe just turns and reacts. Kid is shot during the scuffle and dies.

    The end.

    I would respectfully suggest that the evaluation of these circumstances, by all sides, observers AND jurors, rests much more on personal experience and bias than on any "purely objective" criteria which, in cases as hot-button as these, simply does not exist in people. Just my opinion, forged from almost a half a century of living under the same roof with more than 50 people of every race, color, and creed. People are beautiful and completely full of sh*t about themselves almost all the time. Such is mortality.

    Peace out.

    Parent

    All that is true (2.75 / 4) (#48)
    by jbindc on Mon Feb 17, 2014 at 12:20:21 PM EST
    But you can turn it around just as easily:

    If you were the parent of an African-American teenager, would you want George Zimmerman armed and "patrolling" your apartment complex?

    If you were a person who lived in a community, where there had been several recent break-ins by young, black males, and you saw someone whom you knew didn't live there, walking around in the rain, and looking at / in a neigbors' house - neighbors you KNEW weren't home - wouldn't you think that was a bit suspicious? If you were the neighbor who wasn't home, wouldn't you WANT someone reporting this kind of activity?

    Parent

    "Reporting"? (5.00 / 3) (#49)
    by Yman on Mon Feb 17, 2014 at 12:48:10 PM EST
    If you were the neighbor who wasn't home, wouldn't you WANT someone reporting this kind of activity?

    Sure - with the possible exception of Kdog, I don't think anyone has a problem with someone reporting suspicious activity.

    Of course, if the person actually saw someone looking into houses they knew were vacant, that would likely be one of the first things they would tell the police dispatcher - as opposed to say, "He's just walking about the area, looking at all the houses" (in a townhouse development with houses in every direction), which is what Zimmerman actually said.

    He'd probably also mention that he knew this person didn't live there - which, of course, he also didn't say.

    Funny how these basic "facts" get embellished a notch to make them sound more threatening.

    Parent

    You miss some yourself (1.00 / 1) (#55)
    by jbindc on Mon Feb 17, 2014 at 02:16:04 PM EST
    Young Mr. Martin had the chance to run home and not confront Mr. Zimmerman.  It's not a crime to follow someone you find suspicious, especially if you are currently reporting that person's activities to the police.

    You missed these:

    We've had some break-ins in my neighborhood and there's a real suspicious guy. It's Retreat View Circle. The best address I can give you is 111 Retreat View Circle.

    This guy looks like he's up to no good or he's on drugs or something. It's raining and he's just walking around looking about

    And later:

    Something's wrong with him. Yep, he's coming to check me out.

    He's got something in his hands. I don't know what his deal is.

    So, it certainly was more than "he's just looking at all the houses."

    Parent

    I didn't "miss" anything (5.00 / 3) (#56)
    by Yman on Mon Feb 17, 2014 at 02:47:51 PM EST
    Young Mr. Martin had the chance to run home and not confront Mr. Zimmerman.  It's not a crime to follow someone you find suspicious, especially if you are currently reporting that person's activities to the police.

    Of course it isn't.  Did someone say it was?

    Of course, older Mr. Zimmerman (the adult with the gun) also had the chance to sit in his car and await the arrival of police instead of following the "real suspicious guy" who "looks like he's up to no good", whatever those claims were based on.  It's also not a crime to walk back to the home you're staying in, even if it is raining.  Just be certain you're not (gasp!) "carrying something" in your hands.

    Of course, the point you're now choosing to ignore are the "facts" that you just invented - that Zimmerman: 1) knew Martin didn't live there and 2) saw him looking into a neighbor's home that he knew was vacant, as opposed to "walking around looking about at all the houses".  Moreover, the objection was not to Zimmerman's reporting at all.

    But I'll grant that it does sound pretty suspicious after you kick it up a couple notches.

    Parent

    Zimmerman spotted Martin standing on a front lawn (1.00 / 4) (#59)
    by CityLife on Mon Feb 17, 2014 at 03:34:55 PM EST
    The media has not made basic facts clear to the public. Zimmerman spotted Martin standing on a front lawn. Zimmerman wasn't the only person to have ever seen Martin acting suspiciously!: http://youtu.be/9wjrlXLIRZE
    Yes, another time Martin was observed acting suspiciously by a school police officer (see video for details)
    what is almost never reported by the media is where Martin was walking (which was on someone else's property after having cut through their back yard) All Zimmerman did was call to report what he observed. When asked did you see where he went, Zimmerman went to look to see if he could catch a glimpse of Martin exiting by the back gate. Remember Martin had taken off running before Zimmerman had even exited his truck. I don't think Zimmerman expected to be blindsided by Martin, I am sure, since he had seen Martin take off running, that he though he might see him at a distance and be able to tell the dispatcher if he had exited by the back gate. If Martin had continued to run or even had just walked he would have been in his father's house. Instead Martin decided to "whoop ass" of a "creepy ass cracker" It is amazing what a devious lawyer and a PR man can do along with a deceptive media.

    Parent
    For the love of God, enough with (5.00 / 2) (#60)
    by Anne on Mon Feb 17, 2014 at 03:48:45 PM EST
    re-litigating every nanosecond of the Zimmerman case.

    And enough with acting as if Zimmerman was justified in his actions on account of things alleged and reported that he would have had zero knowledge of at the time.

    Further, saying "All Zimmerman did was call..." is such an understatement as to render the rest of your comment not even worth reading.

    Which leads me to this: your segue into the little fantasy of what happened and what people were thinking and why they did what they did, which I am placing in the category of utter bullsh!t.

    [Why do I have the feeling that if Jeralyn checked your IP address, she'd find you used to comment here under another name until you were banned?]

    Parent

    no never been banned (none / 0) (#183)
    by Jeralyn on Fri Feb 21, 2014 at 06:35:50 AM EST
    i agree this isn't a place to rehash every Z. detail but no need to be impolite to the new poster.

    Parent
    Sounds right (none / 0) (#118)
    by Mikado Cat on Wed Feb 19, 2014 at 03:55:20 AM EST
    I don't see any way Zimmerman gets out of his truck if he doesn't believe Trayvon like others before him is running out the rear gate.

    Kids and old people are in this residential community out in the early evening, why on earth is Zimmerman expected to stay in his truck instead of keeping an eye on this stranger acting strange from a distance?

    Parent

    Maybe because the training he received (5.00 / 2) (#120)
    by MO Blue on Wed Feb 19, 2014 at 06:55:31 AM EST
    from the police specifically stated what action should be taken if you spot suspicious behavior in the neighborhood.

    The police department official who worked with George Zimmerman on establishing a neighborhood watch program at a gated community in Sanford, Fla., testified Tuesday that members of such groups were not supposed to follow suspicious people and were told to stand aside and allow the police to do their jobs.  

    Why on earth? Police instructions stated that people were not suppose to follow suspicious people.

    Parent

    But the dispatcher implicitly asked him (none / 0) (#121)
    by Harold on Wed Feb 19, 2014 at 08:27:09 AM EST
    To get out and figure out where Martin had run to; here's the full bit of that transcript, and I've also listened to the audio, based on the ambient sounds Zimmerman clearly stops around when he says OK near the end of the quoted section:

    Zimmerman: How long until you get an officer over here?

    Dispatcher: Yeah we've got someone on the way, just let me know if this guy does anything else.

    Zimmerman: Okay. These assholes they always get away. When you come to the clubhouse you come straight in and make a left. Actually you would go past the clubhouse.

    Dispatcher: So it's on the lefthand side from the clubhouse?

    Zimmerman: No you go in straight through the entrance and then you make a left...uh you go straight in, don't turn, and make a left. Shit he's running.

    Dispatcher: He's running? Which way is he running?

    Zimmerman: Down towards the other entrance to the neighborhood.

    Dispatcher: Which entrance is that that he's heading towards?

    Zimmerman: The back entrance...fucking [unintelligible]

    Dispatcher: Are you following him?

    Zimmerman: Yeah

    Dispatcher: Ok, we don't need you to do that.

    Zimmerman: Ok

    Dispatcher: Alright sir what is your name?

    (Emphasis added.)

    At this point there's a long period while they're arranging for the rendezvous with the police who've been dispatched to the scene, and then Zimmerman hangs up before the confrontation with Martin.

    I'm not surprised that a real-time instruction from the dispatcher overrode his training.

    Parent

    Somehow you left out the quote (5.00 / 2) (#154)
    by MO Blue on Wed Feb 19, 2014 at 03:15:22 PM EST
    from the dispatcher that implicitly asked GZ To get out and figure out where Martin had run to. Read your comment several times and can't find that quote anywhere.

    Based on your comment the real time instructions from the dispatcher reinforced the training he was given.

    Training:

    The police department official who worked with George Zimmerman on establishing a neighborhood watch program at a gated community in Sanford, Fla., testified Tuesday that members of such groups were not supposed to follow suspicious people and were told to stand aside and allow the police to do their jobs.  

    Dispatcher:

    Dispatcher: Are you following him?

    Zimmerman: Yeah

    Dispatcher: Ok, we don't need you to do that.

    Training: Don't follow suspicious people:

    Dispatcher paraphrase: We don't need you to follow suspicious person.

    Now if you want to provide me with the exact quote where the dispatcher implicitly asked GZ To get out and figure out where Martin had run, I will be happy to read it and cede the point.

    Parent

    DOOR CHIME (Zimmerman exits his truck to look) (none / 0) (#167)
    by CityLife on Wed Feb 19, 2014 at 08:48:50 PM EST
    Dispatcher: He's running? Which way is he running?
    DOOR CHIME (Zimmerman exits his truck to look)
    Zimmerman: Down towards the other entrance of the neighborhood.
    Dispatcher: OK. Which entrance is that that he's heading towards?
    Zimmerman: The back entrance. It's f***' cold.
    Dispatcher: Are you following him?
    Zimmerman: Yeah.
    Dispatcher: OK, we don't need you to do that.
    Zimmerman: OK.

    This is Zimmerman's own neighborhood. There is nothing wrong or strange about him thinking he could catch a glimpse of Martin as Martin is running out the back entrance. There is no evidence that after Zimmerman said Ok that he followed. Martin had taken off running. I can see how Zimmerman could think that if he took a look down the block that he might be able to see Martin at a distance. Remember, Martin took off running before Zimmerman had even exited the truck and Zimmerman only exits his truck the moment the dispatcher asks " Which way is he running?"
    4 minutes elapsed from the time of the door chime to the time when Martin assaulted Zimmerman. In the trial it was demonstrated how long 4 minutes is. Also check this out: http://lawofselfdefense.com/zimmerman-trial-myth-busters-did-zimmerman-chase-down-a-fleeing-martin/

    Parent

    Neighborhood watchmen are by definition (5.00 / 3) (#171)
    by MO Blue on Thu Feb 20, 2014 at 09:25:33 AM EST
    in their own neighborhoods. Evidently nationally the police and neighborhood watch programs think it is wrong for neighborhood people to follow people they think are acting suspiciously since they, like the police who trained GZ, train people not to follow people they think are acting suspiciously.

    Once again:

    The police department official who worked with George Zimmerman on establishing a neighborhood watch program at a gated community in Sanford, Fla., testified Tuesday that members of such groups were not supposed to follow suspicious people and were told to stand aside and allow the police to do their jobs.

    So no it is not perfectly reasonable for GZ, to follow someone who he believes is acting suspiciously.

     

    Parent

    Further, even though it was his own (5.00 / 2) (#175)
    by Anne on Thu Feb 20, 2014 at 09:46:42 AM EST
    neighborhood, he continued to evidence confusion about where exactly he was; interesting that this was seen by supporters as being no big deal, and yet, these same people seemed incredulous that Martin, in the dark, and being followed by a stranger, might have also been confused about where he was in relation to where he was staying - they wouldn't even consider it as a possibility.

    It's a sad commentary on where we are as a society, that suspicion is so easily attached to people; I fail to see how adding guns to that mix makes anyone safer.  I suppose one could make the case that George Zimmerman's life has fallen apart as the unintended consequence of him wanting to do the right thing, but there's just as much of a case to be made that this is someone who didn't make good decisions before the Martin incident, and continued to make poor decisions after it.  

    Parent

    MO Blue (none / 0) (#135)
    by sj on Wed Feb 19, 2014 at 11:30:18 AM EST
    You're being sucked in by giant, fact-sucking something-or-others. How can I rescue you? Yesterday I barely escaped with my sanity, and I don't recall how I got away.

    Parent
    I know that this is a waste of time (5.00 / 2) (#172)
    by MO Blue on Thu Feb 20, 2014 at 09:33:44 AM EST
    but somehow I just can't let the premise that it was perfectly reasonable for GZ to follow someone he thought was behaving suspiciously go unchallenged. GZ was trained not to follow. The police and national neighborhood watch groups think it is extremely bad policy for a person to follow follow suspicious people that is why they train people not to do it.  

    Parent
    Why He Did It Came Out Later (none / 0) (#176)
    by RickyJim on Thu Feb 20, 2014 at 10:02:13 AM EST
    I have expressed my theory on why Zimmerman got out of the car elsewhere but here it goes again.  We know that a few months previous to the Martin incident, Zimmerman and his wife Shelly were reporting a suspicious person looking at cars. At the end of that NEN call Shelly can be heard telling George "Don't go out there".  We fast forward to Feb. 26, 2012.  Shelly and George had a spat a couple of days before and she went home to mama.  So what is a better way to get back at Shelly than to leave the car and ramble about in the dark?

    One other thing you don't seem to know is that Zimmerman could have gotten a good view of the back gate, where he thought Martin was headed, by moving his car a few hundred feet down Twin Trees Lane.  His claims he needed to get an address so the cops could meet him were his car was currently parked don't hold up to logic.

    Parent

    Many seem (none / 0) (#200)
    by Mikado Cat on Sat Feb 22, 2014 at 09:10:49 PM EST
    to miss the distinction of watching someone from a distance and following them closely or approaching them. That area of the complex is wide open with a clear view end to end (where lighted) making observation from a safe distance easy.

    Following close is the fictitious media spin, of Zimmerman watching Trayvon from a distance.

    Parent

    How does that work? (5.00 / 1) (#204)
    by Yman on Sat Feb 22, 2014 at 09:57:11 PM EST
    "Watching someone from a distance" without following them closely or approaching them - when you have absolutely no idea where they are?

    Parent
    have you never seen the Cat in the Hat? (none / 0) (#208)
    by Mikado Cat on Sat Feb 22, 2014 at 11:02:05 PM EST
    The way to know where something is, is to check where it isn't. If Zimmerman can see the rear entrance enough to detect a silhouette in the light from the T, he can have a reasonable idea whether or not Trayvon has left the complex making a police search pointless.

    My comment though is directed at the notion that following implies proximity. I posted on the Orlando Sentinel today where people seem convinced that the dispatch recording asking are you following etc. somehow means Trayvon is feeling Zimmerman's breath on his neck, being chased down, which is total baloney, more like Trayvon has a 20 yard lead that rapidly increases over the 12 sec's or so of "following".

    Parent

    Common sense (none / 0) (#188)
    by Mikado Cat on Sat Feb 22, 2014 at 12:14:13 AM EST
    frequently overrules training. Neighborhood Watch and Police departments have lots of rules and training for volunteers. Some of it is good and some is just to limit the liability to the organization.

    Older teenager acting strange like he is on drugs, approaches his truck in a menacing fashion then runs off in the evening in a neighborhood of families that have kids out at that time of the evening and you think the decent thing is to stay in his truck? Kinda like all the neighbors that heard someone screaming for help and locked their doors and called 911 while the screams continued.

    If one or two more people like John Good came out and yelled at Trayvon to stop the beating maybe he would have listened?

    Certainly if ONE of them came out and said stop or I will blow your fine head off, it might have ended instantly with no further harm.

    Parent

    It wasn't "common sense" (5.00 / 1) (#194)
    by Yman on Sat Feb 22, 2014 at 07:46:34 AM EST
    Older teenager acting strange like he is on drugs, approaches his truck in a menacing fashion then runs off in the evening in a neighborhood of families that have kids out at that time of the evening and you think the decent thing is to stay in his truck? Kinda like all the neighbors that heard someone screaming for help and locked their doors and called 911 while the screams continued.

    GZ didn't leave the truck out of concern for children who might be threatened by whatever suspicious behavior he was unable to articulate.

    Parent

    Obviously, MC is Joking (5.00 / 1) (#197)
    by RickyJim on Sat Feb 22, 2014 at 11:50:22 AM EST
    To suggest that Zimmerman got out of the truck to warn all the kids he encountered in the drizzly  dark that a dangerous guy was around is a parody of the Trayvonite line that the reason TM didn't go home was that he was afraid Zimmerman would follow him inside and molest Chad. Replying to either goofy assertion means you grabbed the bait.

    Parent
    MC is a real joker, alright (5.00 / 2) (#198)
    by MO Blue on Sat Feb 22, 2014 at 12:02:28 PM EST
    Goes along with his habit of making sh!t up.

    Parent
    Don't be silly (none / 0) (#199)
    by Mikado Cat on Sat Feb 22, 2014 at 09:06:03 PM EST
    Someone acting strange, like he is on drugs or something, you don't run around the neighborhood warning children, but you keep and eye on him especially while you are on the phone to police so that you can report anything else or potentially intervene if he was harming anyone.

    Most likely though the prime reason for getting out of his truck is to see if Trayvon runs out the rear gate which should be visible even from the area near the T.

    Parent

    So you think he was lying? (5.00 / 1) (#205)
    by Yman on Sat Feb 22, 2014 at 09:58:40 PM EST
    He said he was looking for a street sign to give the police a location.

    Parent
    No I think that was a different event (1.00 / 1) (#209)
    by Mikado Cat on Sat Feb 22, 2014 at 11:08:43 PM EST
    after the dispatch call ends Zimmerman walks to the street to get an address to give to the police when they call back, the name of the street being not much use if fed to a gps.

    Zimmerman gets out of the truck to watch where Trayvon runs, to see if he goes out the rear gate or does anything else that should be reported, but stops when requested by dispatch near the T.

    Parent

    You have gone so far away from (none / 0) (#196)
    by MO Blue on Sat Feb 22, 2014 at 11:17:34 AM EST
    the actual events of the situation that you are into the realm of writing fairy tales.

    Parent
    Baloney (none / 0) (#201)
    by Mikado Cat on Sat Feb 22, 2014 at 09:14:09 PM EST
    if you are not well informed enough about the case and evidence, why do you post. Show me evidence that contradicts anything I said, and I don't mean something you read in the news, evidence as presented in court.

    Parent
    Your point is what? (none / 0) (#52)
    by citizenjeff on Mon Feb 17, 2014 at 01:03:16 PM EST
    What exactly does it indicate to you that Zimmerman didn't tell the dispatcher that the person he reported doesn't live there?

    Parent
    My point ... (5.00 / 3) (#53)
    by Yman on Mon Feb 17, 2014 at 01:19:41 PM EST
    ... is that these claims re: the basis for his suspicions are frequently exaggerated by those trying to justify them.

    Parent
    That he did not know (none / 0) (#189)
    by Mikado Cat on Sat Feb 22, 2014 at 12:21:27 AM EST
    whether Trayvon lived there, only that he did not recognize him as a resident, which is the police set standard for reporting suspicious activity.

    Why would anybody call police if he knew the person was a resident, or at least not inform police about that fact immediately? Omission implies they are not known to the caller.

    Parent

    That wasn't what jbindc claimed (5.00 / 1) (#195)
    by Yman on Sat Feb 22, 2014 at 07:51:25 AM EST
    His comment is immediately above (#48).  He claimed GZ knew that Martin didn't live there.  He also claimed that GZ saw Martin looking at/in a neighbor's house who he knew wasn't home.

    My point was that these claims - which have been made numerous times - are false.  They're presented as fact in order to make Zimmerman's suspicions appear more reasonable.

    Parent

    Honestly, I don't want any (5.00 / 4) (#51)
    by Anne on Mon Feb 17, 2014 at 12:59:57 PM EST
    armed, private citizen roaming or patrolling neighborhoods, I don't care how honorable their motives/intentions or how well-trained they are in the use of firearms.  The gun at the end of someone's arm is operated with instructions from a brain and a mind that don't always make the best decisions, sometimes sending an impulsive instruction that proves deadly.  There are times when it feels like these "crimefighters" are little more than hammers on the hunt for some nails to pound, which is not a good recipe for anyone's safety.

    Make a phone call about suspicious activity?  Sure.  Although that can go sideways when police show up, too.

    I don't know how many people have to die as a result of reliance on SYG laws, but I hope it will discourage jurisdictions that don't have them to resist, and move those that do to repealing them.

    Parent

    If not citizens, who? (2.00 / 2) (#61)
    by Harold on Mon Feb 17, 2014 at 03:51:20 PM EST
    Honestly, I don't want any armed, private citizen roaming or patrolling neighborhoods....

    Given the choice between police, who are more and more just another armed gang, with their quotas for arrests, patrolling, or even routinely being called about suspicious activity, I'd take the average, random "armed, private citizen" any day as the first line of defense.

    Remember the first rule: Don't Talk to the Police.  If you accept that, how do you keep neighborhoods moderately safe?

    Parent

    Hmmn, let me think... armed citizens or police ? (5.00 / 2) (#74)
    by gbrbsb on Mon Feb 17, 2014 at 09:16:50 PM EST
    I know... what about unarmed citizens and unarmed police like we have over here ? And strange as it may sound it seems to work. Admittedly it doesn't do away with deaths by shooting completely because there are always those few illegally armed, but it sure does leave a damn sight less deaths per capita per year than in the US and, in my case at least, a lot more peace of mind when strolling around at night.

    (We also have US inspired neighbourhood watches, also unarmed so the most violent actions I've read about are of watchers sitting on top of a burglar until the police arrive!)

    Parent

    I can't speak for anyone else, (5.00 / 4) (#57)
    by Anne on Mon Feb 17, 2014 at 02:49:40 PM EST
    but in terms of "knowing" someone doesn't live in your neighborhood, I live in a rural area where there are maybe 20 homes on a 3-mile road, with many of those homes being well off the road, and I would definitely fail the "does this person live in your neighborhood?" test.

    I seem to recall that Zimmerman's neighborhood was fairly densely populated, so it defies common sense and logic that he - or anyone who lived there - would be able to know, in the rain and poor lighting, whether someone definitely did or did not live there.  That's just ridiculous.

    And, just by the way, I don't think you "turned it around."  Turning it around would be, "If you lived in a neighborhood where there had been recent break-ins, would you want George Zimmerman armed and "patrolling" your apartment complex?"

    My answer remains "no, I would not," because George Zimmerman demonstrated to me that he had neither the training nor judgment to take the actions he did; as far as I'm concerned, he's the poster boy for why SYG laws are dangerous, and proof that guns don't make people smarter.

    Parent

    How is he a poster boy... (none / 0) (#65)
    by unitron on Mon Feb 17, 2014 at 05:05:14 PM EST
    ...for a facet of Florida's Justifiable Use of Force law that had no bearing on the Martin-Zimmmerman case?

    The only parts of Florida 776 that applied to the events of that night were the regular old self-defense provisions and the reason why the Sanford PD could not legally charge him that night, the immunity provision (776.032).

    He claimed self-defense.  They did not immediately have enough evidence to contradict that, therefore under 776.032 he was, at that time, immune from being charged.

    But SYG had nothing to do with any of that, and none of that had anything to do with SYG.

    Parent

    You know -- even if the crimes are unsolved? (5.00 / 3) (#66)
    by Donald from Hawaii on Mon Feb 17, 2014 at 06:25:55 PM EST
    jbindc: "If you were a person who lived in a community, where there had been several recent break-ins by young, black males ..."

    Do you know for certain that the break-ins were committed by young black males -- or are you just assuming that they were committed by young males?

    There's a really big difference, especially if we're talking about heretofore unsolved crimes. I say that in all seriousness, because 20 years ago, my grandparents and their neighbors in Pasadena were then being subjected to multiple break-ins and burglaries over a six-month period, and it was simply assumed by almost all -- shameful to admit, but myself included -- that the culprit was probably one of the many teenaged black males who attended the nearby high school on the same block.

    You can imagine most everyone's surprise, then, when Pasadena police finally caught the culprit in the act and arrested him. The cat burglar turned out to be a 65-year-old white male, who daily rode his bicycle up and down the blocks as he cased the neighborhood for potential targets. Oh, and he was armed with a .38 pistol when apprehended, so he was evidently deadly serious about his business.

    People really need to be more thoughtful and careful in acting upon their assumptions. Sometimes, we're simply far too certain in our judgments, and fail to account for the possibility that we could be very wrong, which in some cases can hold enormous potential to cause people some pretty serious grief, ourselves included.

    Aloha.

    Parent

    Jeralyn has written about it (5.00 / 0) (#67)
    by CityLife on Mon Feb 17, 2014 at 06:50:40 PM EST
    see blog post: George Zimmerman's Life and the Neighborhood Burglaries "Take a look at the report of a prior burglary on Feb. 7, 2012, just three weeks before the shooting of Trayvon Martin, where a suspect, Emanuel Burgess, initially got away. ... Here's the mugshot of his arrest on Feb. 7. Here are his charges."

    Parent
    The Big Difference... (5.00 / 3) (#86)
    by ScottW714 on Tue Feb 18, 2014 at 10:24:45 AM EST
    ...is you say reporting and Dadler says patrolling.  I would like people in my neighborhood to call the cops, not take it upon themselves to investigate while armed, especially at night.

    In both these cases, the shooter should have let it go or called the cops, the guns provided both people the courage to do something they would have never done solo.

    I don't care if they are chasing actual criminals, I don't want anyone in my neighborhood running around with a gun believing they are going to stop crime, unless they have a badge.  I would rather come home to an empty house than have a bunch of idiots playing cops and robbers outside with loaded guns.  It's why we all have insurance, so we don't have to patrol the neighborhood to make sure out possessions are safe.

    Both these case are so pointless, people died, a guy is ostracized and another is going to prison.  For what, some idiotic vision of machismo brought to you by Hollywood.

    The good news is people with a lick of sense will never, ever have to worry about being in this position.

    Parent

    I agree with most of that (none / 0) (#87)
    by jbindc on Tue Feb 18, 2014 at 10:50:58 AM EST
    Except

    ..., the guns provided both people the courage to do something they would have never done solo.

    The gun in the Zimmerman case, as far as any evidence shows, only entered the equation after he was approached by Martin and subsequently assaulted and on the ground underneath Martin.

    Parent

    It's pretty clear Zimmerman (5.00 / 0) (#88)
    by Harold on Tue Feb 18, 2014 at 11:10:34 AM EST
    got too scenario dependent.  In the call, he said in the context of when a police officer would be arriving "These a**holes they always get away", and almost immediately after, Martin started running away.  I wonder if he even would have gotten out of his vehicle at the dispatcher's implicit request:

    Dispatcher: He's running? Which way is he running?

    Zimmerman: Down towards the other entrance to the neighborhood.

    Dispatcher: Which entrance is that that he's heading towards?

    If he'd considered the possibility that Martin would not match the previous pattern and instead come back and viciously assault him.

    Letting himself get surprised by Martin was obviously a big mistake, a failure in situational awareness, probably positioning himself too close to areas from which an assailant could come from etc.

    Parent

    I Was Thinking... (5.00 / 2) (#89)
    by ScottW714 on Tue Feb 18, 2014 at 11:23:47 AM EST
    ...following anyone down a dark passage at night, especially someone they believed to be a criminal.  IMO, GZ would not have followed anyone had he not had a gun, but that is my opinion.

    I don't know anyone who would do that, but I am sure they exist.

    Parent

    The question is, would not having a (5.00 / 2) (#90)
    by Anne on Tue Feb 18, 2014 at 11:28:47 AM EST
    gun have changed Zimmerman's decisions or actions?  

    Would he still have called?  Pretty sure he would have.  But everything beyond that would be a lot riskier without a weapon.  I don't think you can say with any certainty that he would have done nothing different if he had not been armed.

    Guns in both these cases were integral to how they ended - with someone dead; I don't think you can take the gun out of the equation for everything that came before they were fired.  

    Parent

    Zimmerman was just trying to see where Martin went (none / 0) (#105)
    by CityLife on Tue Feb 18, 2014 at 12:51:51 PM EST
    The thing you miss is Zimmerman was observing Martin and Zimmerman only got out of his truck after Martin took off running.  Common sense should tell you that Zimmerman didn't think getting out of his truck was risky because he thought Martin was running AWAY and was trying to exit by the back gate. Also keep in mind this was Zimmerman's own neighborhood and if you think logically you can understand how Zimmerman wouldn't have been thinking it  was so "risky" to simply get out of his truck to take a look down a street in order to catch a glimpse of Martin running out the back gate. What Martin did was really crazy and there is a very good reason to see why Zimmerman didn't expect to be violently assaulted.

    The gun only came into play after Martin punched Zimmerman in the nose and was beating him on the ground. If the gun was in play before that then the close physical contact doesn't even make sense.

    And let me get this straight, you are allowed to continue to give your opinion on the Zimmerman case after you melodramatically and nastily complained at me,  "For the love of God, enough with re-litigating every nanosecond of the Zimmerman case."?

    Parent

    That is one of the most (5.00 / 3) (#92)
    by sj on Tue Feb 18, 2014 at 11:59:45 AM EST
    ludicrous things you have ever said about a case where you have a whole history of ludicrous statements.
    The gun in the Zimmerman case, as far as any evidence shows, only entered the equation after he was approached by Martin and subsequently assaulted and on the ground underneath Martin.
    The gun in that case entered the equation when it entered GZ's hands.

    Parent
    C'mon - you're smarter than that (none / 0) (#94)
    by jbindc on Tue Feb 18, 2014 at 12:06:54 PM EST
    I know it's easy to believe the rhetoric, but the gun did not come into play until Zimmerman was being assaulted.

    You may like to think and project that, had Zimmerman not had a gun, he wouldn't have gotten out of the truck, but since there is no way of knowing that, you are just making things up.

    Not your usual quality of comments.

    Parent

    See that is EXACTLY how I feel (5.00 / 2) (#97)
    by sj on Tue Feb 18, 2014 at 12:10:09 PM EST
    C'mon - you're smarter than that
    The gun could only "come into play" because some one brought it to the game.

    Parent
    Or (2.00 / 1) (#98)
    by jbindc on Tue Feb 18, 2014 at 12:13:54 PM EST
    If Martin hadn't assaulted Zimmerman,

    Or, if Martin had just gone home.

    Or, if he hadn't gone out in the first place, when he was sent to his father's to be punished.

    Or if he hadn't gotten in trouble in school in the first place.

    How far you wanna go with this little game?

    It's been hashed to death.  You wanna believe something that isn't there, wasn't there, or can't be proven was there.  You just have your feelings about what the situation was - not facts.

    Parent

    You lose all sense (5.00 / 1) (#102)
    by sj on Tue Feb 18, 2014 at 12:23:00 PM EST
    of logic and proportion when it comes to this case. And a maintain certainty akin to divine revelation that your interpretation of the "facts" is the one and only way to view the not only the evidence but the motivations of the two principles.

    So I'm leaving you live in your fantasy world and I'll catch up with you later.

    Parent

    That would be (none / 0) (#186)
    by Mikado Cat on Fri Feb 21, 2014 at 09:38:53 PM EST
    about a second before the shot was fired with Trayvon sitting on him.

    I suppose a gun makes some few brave when they shouldn't be, but I don't see how that applies to a daily concealed carry, which is more likely to remove a layer of fear nobody should have to have.

    I see no reason why the infirm or elderly should not enjoy the same lack of fear as a healthy physically fit trained fighter.

    Parent

    I'll answer this the (5.00 / 1) (#91)
    by sj on Tue Feb 18, 2014 at 11:50:44 AM EST
    same way I have for the last two years:
    If you were a person who lived in a community, where there had been several recent break-ins by young, black males, and you saw someone whom you knew didn't live there, walking around in the rain, and looking at / in a neigbors' house - neighbors you KNEW weren't home - wouldn't you think that was a bit suspicious?
    My first reaction would not be one of suspicion. And if the passer by should keep to dark corners I would report it. I would not get my gun and follow him or her.

    So bottom line, I find GZ's response to the situation to be aberrant. And I can't believe I'm even talking about this stupid case.

    Parent

    Concealed carry is a lifestyle, among other things (5.00 / 1) (#93)
    by Harold on Tue Feb 18, 2014 at 12:00:53 PM EST
    "I would not get my gun...."

    BZZZT!

    Zimmerman was on his way to a store when he noticed Martin.  He only "got his gun" in the sense that he was at least somewhat like me, in that every  time I walk out the door, unless my destination bans guns, I "get my gun" and put it in its holster.  Where it's mostly forgotten until I return home.

    If you don't do the concealed carry lifestyle or don't know anyone who does (and unless you're close to them, by definition you won't!), then it may be difficult to understand how utterly routine carrying concealed is for me and the up to 8 million or so other concealed carry licensees in the nation, plus anyone law abiding who wants to in the states of Alaska, Arizona, Wyoming, and Vermont.

    Parent

    Well, you're right about that (5.00 / 1) (#95)
    by sj on Tue Feb 18, 2014 at 12:08:27 PM EST
    Concealed carry is a lifestyle
    I don't have that mind set. In 2012 I lived in a major metropolitan city. So the mindset of Tombstone, AZ circa 1880 is one I do not have. I don't need to carry a gun to get all macho and sh!t.

    Parent
    Just to make it clear (2.00 / 1) (#100)
    by Harold on Tue Feb 18, 2014 at 12:16:23 PM EST
    I don't have that mind set.... I don't need to carry a gun to get all macho and sh!t.

    Well, in that case your self-declared ignorance and bigotry makes you entirely unqualified to make suppositions about the effects of carrying concealed on Zimmerman's mindset et. al.

    Parent

    LOL (5.00 / 1) (#104)
    by sj on Tue Feb 18, 2014 at 12:31:42 PM EST
    Well, in that case your self-declared ignorance and bigotry makes you entirely unqualified to make suppositions about the effects of carrying concealed on Zimmerman's mindset et. al

    "ignorance"

    "bigotry"

    Those accusations coming from you actually made me laugh out loud.

    I am perfectly qualified to make statements regarding civilized behavior in a civilized society. This is my world, too. What pompous nonsense.

    Parent

    Where do you draw the line? (none / 0) (#108)
    by Harold on Tue Feb 18, 2014 at 01:08:29 PM EST
    I am perfectly qualified to make statements regarding civilized behavior in a civilized society.

    And in doing so you draw the line of "civilized society" such that those who carry concealed are outside it, beyond the pale?

    In a county where if Peruta v San Diego is upheld more than 7/8ths of the law abiding population will be able to legally carry concealed?

    To extend this beyond your statements, assuming the Supremes continue to deny cert to these appeals, that would leave only the residents of the metropolitan areas of New York and Massachusetts*, almost everyone in Maryland and New Jersey, with Rhode Island, and Delaware being mixed bags, as living in "civilized society"?

    (* People from the rural areas can carry concealed into the metro areas of these states, excepting NYC.)

    Parent

    pffft! (5.00 / 1) (#112)
    by sj on Tue Feb 18, 2014 at 03:43:15 PM EST
    wev

    Parent
    I'll take that (none / 0) (#114)
    by Harold on Tue Feb 18, 2014 at 10:18:51 PM EST
    As a "yes".

    Parent
    Then (none / 0) (#96)
    by jbindc on Tue Feb 18, 2014 at 12:09:31 PM EST
    You are a much better person than most.

    Of course, we all like to think we wouldn't be suspicious, but we all fool ourselves sometimes.  You have no idea how you would react if you were there that night, but Monday morning quarterbacking is so easy.

    Parent

    On the contrary (5.00 / 2) (#101)
    by sj on Tue Feb 18, 2014 at 12:19:14 PM EST
    I think my response is the normal one. I think immediate suspicion is aberrant. Now mind you, I don't think it's unnatural to initially look askance and maybe watch some one for a few moments to try and get a sense of it all. But jumping straight to suspicion? Yeah, I think thats paranoid and aberrant behavior.

    You have no idea how you would react if you were there that night
    That's like saying "come on... you don't know for a fact that you would have washed your hands after going to the bathroom that one time."

    So really?

    I know for a fact that I wouldn't have left my car to follow.

    Parent

    JB... (5.00 / 3) (#103)
    by ScottW714 on Tue Feb 18, 2014 at 12:25:18 PM EST
    ...I know exactly how I would react, call the cops and go about my business.

    I can promise you, I will never follow a person I believe to be a criminal down a dark passage at night with a gun, ever.

    I know this to be a truth about me.

    Even since my friend was robbed and they stole her LV luggage, whenever a see a person walking down the street with nice luggage that doesn't appear to be going on a trip, I am instantly suspicious.

    But what the F are you going to do, call the cops everything some scum bag is carrying luggage down the street ?  Of course not, you just have to let it go and hope that is actually their luggage and someone's possessions.

    And of course, make sure you are insured, because living in a city like Houston in the gentrified neighborhood I used to, the odds of getting robbed aren't as low as one would like them to be.

    People should not die over property, especially property that is insured.  You don't get to shot people for the cost of a deductible IMO.

    Parent

    The funny thing about Texas, as I understand it (none / 0) (#106)
    by Harold on Tue Feb 18, 2014 at 12:55:32 PM EST
    People should not die over property, especially property that is insured.

    The last time I checked, and IANAL, let alone someone who keeps up on Texas law and case law, it's the only state in the nation where you can use lethal force to prevent someone from taking your property, after they ignore a verbal warning.

    Not that I or any other self-defense type I know of advise doing this in anything resembling normal circumstances!  Especially since I expect it to get judicially nullified any time now....

    Parent

    And We Execute People... (5.00 / 2) (#109)
    by ScottW714 on Tue Feb 18, 2014 at 01:20:23 PM EST
    ...which I disagree with, what is your point ?

    That just because I can do it, I should ?

    I wasn't speaking form any legal position, more of a moral one, that person's life, even a criminal is worth more than $500.

    Like 5 years ago, a guy saw two robbers coming out of his neighbors place, shot them in the back and killed him.  The entire time he was on the phone with 911 with an undercover cop who witnessed the entire thing.

    The jury did not convict, which to me is really sad, two people killed over someone else's stuff.  But that is Texas.  Joe Horn

    Parent

    My point (none / 0) (#110)
    by Harold on Tue Feb 18, 2014 at 02:15:48 PM EST
    To the extent there was any, was the irony of your choosing to live in the only state in the union that flatly allows this policy you don't like.

    Parent
    Ironic... (5.00 / 2) (#111)
    by ScottW714 on Tue Feb 18, 2014 at 03:35:49 PM EST
    ...I guess if living in a state predominately run by folks of the opposing party is ironic.

    I am sure there is plenty of policies/laws in your state you disagree with, that isn't ironic, it's normal.

    Parent

    I think you are wrong about (5.00 / 1) (#107)
    by MO Blue on Tue Feb 18, 2014 at 01:03:57 PM EST
    whether or not people would know how they would react if they were there that night. Whether or not they would be suspicious may be somewhat debatable but how they would act is something most people probably have a pretty good handle on.

    If I saw someone acting in what I considered a suspicious manner in my neighborhood, I would call the police. I do not own a gun and think it would be an act of insanity to follow someone I suspected was a criminal. Of course, I think it is an act of insanity to follow someone I suspected was a criminal even with a gun.

    Also GZ had some police training on what actions to take if he sited possible criminal activity.

    The police department official who worked with George Zimmerman on establishing a neighborhood watch program at a gated community in Sanford, Fla., testified Tuesday that members of such groups were not supposed to follow suspicious people and were told to stand aside and allow the police to do their jobs.

    Whether or not he was acting in his capacity as a member of the neighborhood watch program, he had specific training on what actions to take under the situation he faced that night. He chose to disregard that training.

    Parent

    Not as easy ... (5.00 / 1) (#113)
    by Yman on Tue Feb 18, 2014 at 05:33:03 PM EST
    ... as making up "facts" in an attempt to make those suspicions appear reasonable, such as seeing him look INTO a vacant house, and the claim that GZ knew he didn't live there.

    I'll take "Monday morning quarterbacking" (something the jury I'd required to do) over fabricating "facts" ANY day of the week.

    Parent

    you make assumptions and dismiss evidence (1.20 / 5) (#58)
    by CityLife on Mon Feb 17, 2014 at 03:18:49 PM EST
    you claim "George Zimmerman sees a black kid and assumes he's one of the "assh*les" BUT that is not what Zimmerman said. What Zimmerman saw was a guy standing on someone else's property and acting suspicious. See video: http://www.youtube.com/watch?v=9wjrlXLIRZE You may note that Zimmerman has championed the cause of black victims and there is zero evidence he has a problem with blacks. The Martin family lawyer lied and deceived the public. He reports Martin's behavior and while on the phone describes Martin staring at him and taking off running. (at this point Zimmerman is still in his truck) 4 minutes elapse from the time Zimmerman exists his truck to the point Martin blind sides him with a punch. There was time for Martin to reach his father's house and return (time enough for him to run that path two times back and forth) Instead of staying at his father's house, Marin assaulted Zimmerman. You can't go around punching people because you don't like that people have looked at you and followed you. You can't go around "whooping ass" because a person might be a "gay rapist"

    Do you have a shred of evidence that contradicts what the eye-witness saw and what the forensic evidence backs up?
    The media did a horrible job with this case. For goodness sakes, Zimmerman fired a single shot while on his back as he was being beaten! A neighbor had yelled out for Martin to stop the beating but Martin continued. The media perpetrated a fraud on the American people by misrepresenting this case.

    Parent

    How about staying on topic? (5.00 / 3) (#68)
    by Donald from Hawaii on Mon Feb 17, 2014 at 07:02:00 PM EST
    As Anne noted to you earlier, we're not interested in re-litigating the Sanford tragedy. This thread is about what happened in Jacksonville.

    Parent
    quoting this blog post (1.00 / 3) (#69)
    by CityLife on Mon Feb 17, 2014 at 07:14:08 PM EST
    "The case is in the national news because of comparisons to the George Zimmerman case. I don't see the connection. Zimmerman was reacting to being punched in the nose, and thought Martin might have been reaching for his (Zimmerman's) gun. Dunn wasn't physically attacked, he thought someone in the car had a gun. (There were four young men in the car.) Dunn didn't have his gun on his person, he had to get it from the glove compartment. Dunn shot at the vehicle several times, including as it was driving away from the scene."

    That is a quote from THIS blog post Donald. If you look, I simply replied to comments people made about Zimmerman. So what you are saying is you and Anne can post your opinions on the Zimmerman case here but if I dare to post a reply to you or Anne then I'm supposedly off topic.

    Parent

    We don't want to discuss Zimmerman, ... (5.00 / 3) (#71)
    by Donald from Hawaii on Mon Feb 17, 2014 at 07:21:58 PM EST
    ... whereas you seem to want to do nothing but that. Jeralyn simply offered her observation as a defense counsel that in her opinion, there is little to compare between the two cases. It wasn't an invitation to ignore the present case and revive prior discussions of the past case. Get a clue.

    Parent
    Dunn (none / 0) (#202)
    by Mikado Cat on Sat Feb 22, 2014 at 09:25:57 PM EST
    case discussion has far exceeded the known reliable information of the events. When there is no consensus on something so basic as whether or not Davis was out of his car or not, its a bit pointless to wander too far.

    Let the jury be the finders of fact, and seems clearly they were divided on the issue of self defense for shooting of Davis, but not on the shots fired later.

    Why does anyone see that as a shocking result?

    What seems odd is that here in this generally most informed forum on the Zimmerman case people are still fussing with Zimmerman getting out of his truck and claiming Trayvon was followed beyond the T? None of which should have any legal bearing on the case.

    Parent

    The Main Logical Difficulty (5.00 / 2) (#12)
    by RickyJim on Sun Feb 16, 2014 at 09:51:41 AM EST
    Dunn was convicted of "attempted" second degree murder in the shooting of 3 or the car occupants but the jury couldn't come to a verdict on whether Murder2 occurred with the only occupant who was actually killed.  Anybody reconcile that in their own mind?

    The charge was murder 1, not murder 2 (none / 0) (#14)
    by ruffian on Sun Feb 16, 2014 at 11:06:09 AM EST
    The jury could not drop it to murder 2 on their own. The only thing I can figure is that the attempted murder charges did not require proof of premeditation.

    Parent
    Maybe I am wrong on that.... (5.00 / 1) (#15)
    by ruffian on Sun Feb 16, 2014 at 11:09:25 AM EST
    Jeralyn's post seems to indicate they could have convicted on Murder 2, but the O'Mara  opinions you linked to do not seem to indicate that to me.

    Ok then, consider me stumped.

    Parent

    If I were to hazard a guess, (none / 0) (#20)
    by MO Blue on Sun Feb 16, 2014 at 01:37:45 PM EST
    the jury was split with some going for Murder 1 and some going for Murder 2 or possibly even Manslaughter by Act (this IMO the least likely). With members of each group sticking with their opinion to the point that it hung the jury.

    Don't think they would have come back with a guilty verdict on Attempted Murder of the other people in the car if any of them thought he was innocent in the death of Jordan Davis.

    Once again, this only a guess on my part.

    Parent

    Some legal experts have a different take (none / 0) (#21)
    by MO Blue on Sun Feb 16, 2014 at 04:46:31 PM EST
    Legal experts say it's likely that at least one member of the jury believed Dunn's story -- about being scared, pulling a gun in self-defense and firing the first few shots, which killed Davis. After more than 30 hours of deliberations over four days, the jury couldn't agree on the first-degree murder charge.

    "Although I don't think the evidence supports this, it is possible that the jury felt that Dunn was proper to stand his ground as to Davis, but his shooting of the others in the car was excessive," said Kenneth Nunn, a law professor at the University of Florida.

    Nunn and other experts said Sunday that it's possible the jury was confused regarding first-degree murder and the concept that it must be "premeditated." Source

    Wonder if in the near future we will hear from jury members about how this came about


    Parent

    I Wish I Could Ask That Legal Expert (none / 0) (#22)
    by RickyJim on Sun Feb 16, 2014 at 05:02:34 PM EST
    to explain why that juror, who believed Dunn had fear for his life, voted to convict Dunn of 3 counts of attempted second degree murder, not something lesser like reckless endangerment.  More likely, I think, is that at least one juror was insistent on a first murder verdict and so decided to hang the jury on the murder count instead of voting for Murder 2.  Maybe he figured that Corey would most likely go to trial again.

    Parent
    I have the same take on the verdict (5.00 / 4) (#23)
    by MO Blue on Sun Feb 16, 2014 at 05:28:57 PM EST
    that you do but what do I know.

    The legal expert quoted did give his rational for why a juror could believe that Dunn feared for his life and still come back with a guilty verdict on Attempted Murder. Here is what he said:

    ...it is possible that the jury felt that Dunn was proper to stand his ground as to Davis, but his shooting of the others in the car was excessive," said Kenneth Nunn,...

    "Excessive" - Davis is dead - not much more excessive than that IMO.  

    Parent

    Maybe it had something to do with (5.00 / 2) (#26)
    by Anne on Sun Feb 16, 2014 at 08:00:58 PM EST
    what he did - and didn't do - after the shooting.  Didn't call the cops, didn't stick around, didn't tell his fiance he saw a gun in the other car.  Just drove them back to their hotel. And then back to their condo in Satellite Beach.

    It wouldn't have added up for me had I been sitting on that jury.

    Parent

    Is there anything... (5.00 / 1) (#29)
    by unitron on Sun Feb 16, 2014 at 08:12:24 PM EST
    ...about this case that does add up?

    I haven't followed it nearly as closely as the Zimmerman case, but has anything been reported about Dunn's past that would indicate he'd be more inclined than the average person toward "losing it" and shooting up the place?

    But yeah, he doesn't seem to have a very good grasp of what's expected of a gun owner, or a citizen in general.

    Parent

    Not necessary (5.00 / 1) (#31)
    by Yman on Sun Feb 16, 2014 at 08:23:10 PM EST
    I haven't followed it nearly as closely as the Zimmerman case, but has anything been reported about Dunn's past that would indicate he'd be more inclined than the average person toward "losing it" and shooting up the place?

    You needn't establish a pattern of "losing it" in order to establish that his conduct in this case was illegal.  If he's claiming self defense - particularly when the only evidence that supports use of deadly force is his own claim that he was threatened with a gun - his credibility is critical.

    Parent

    I'm just wondering... (none / 0) (#35)
    by unitron on Sun Feb 16, 2014 at 09:40:24 PM EST
    ...what would set him off to that degree if there was nothing in his past to indicate that such a thing was likely, and if there was, it seems that it would have come up.

    Parent
    One Other Possibility (none / 0) (#34)
    by RickyJim on Sun Feb 16, 2014 at 09:38:33 PM EST
    At least one person on the jury thought that it was credible that Dunn felt a lethal threat from Davis who was getting out of the car (so I have heard, but I don't really know the evidence in this case).  However, all members of the jury thought none of the other people in the car were threatening Dunn. So everybody on the jury felt that the shots that didn't seem to be directed at Davis were not part of self defense and amounted to attempted murder while at least somebody on the Jury thought the shots in Davis' direction were legal.  

    Parent
    yes they can (none / 0) (#54)
    by Jeralyn on Mon Feb 17, 2014 at 01:35:56 PM EST
    Attempted Murder 2 is a necessarily included offense of Attempted Murder 1, the difference being premeditation. So the jury rejected premeditation on attempted murder 1 and found attempted murder 2 (depraved mind.)

    The jury is instructed to consider the first option (attempted murder 1) and if they don't agree it has been proven, they move on to attempted murder 2. They also had the option of attempted voluntary manslaughter, but they wouldn't have reached it unless they didn't find attempted murder 2 was proven.

    In considering the evidence, you should consider the possibility that although the evidence may not convince you that the defendant committed the main crime[s] of which [he] [she] is accused, there may be evidence that [he] [she] committed other acts that would constitute a lesser included crime [or crimes]. Therefore, if you decide that the main accusation has not been proved beyond a reasonable doubt, you will next need to decide if the defendant is guilty of any lesser included crime.

    Florida Murder Instructions

    Florida Attempted Murder Instructions

    Dunn Indictment

    On the murder count, they also would have had to consider whether the killing was justified (self-defense) or excusable.

    Justifiable

    In deciding whether defendant was justified in the use of deadly force, you must judge [him] [her] by the circumstances by which [he] [she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, the defendant must have actually believed that the danger was real

    Excusable

    782.03 Excusable homicide.--Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

    It seems likely to me they were not hung on premeditation but whether the killing was justified (self defense)or excusable. If at least one juror thought it was, the jury would not have been able to reach a verdict on Murder 1, Murder 2 or Manslaughter.

    If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty.


    Parent
    No, not at all (none / 0) (#18)
    by Harold on Sun Feb 16, 2014 at 11:29:53 AM EST
    Was attempted first degree murder of the other occupants one of the options the jury had?

    Hmmm, this might hinge on fine details.  Maybe the jury didn't think the defendant was attempting to kill the other occupants, but that he acted with a "depraved mind"---the Florida threshold for Murder 2 as I remember from the Zimmerman trial---towards the other occupants?  That only works if Florida's Murder 2 does not require intent to specifically kill.

    Whereas they hung on his specifically intending to kill the one who was indeed killed, and e.g. one or more of the jurors insisted on premeditated murder and nothing less, and were willing for this to go to another trial, or stand with the existing guilty verdicts?

    Parent

    Can any jury (none / 0) (#41)
    by Mikado Cat on Mon Feb 17, 2014 at 02:14:25 AM EST
    in a high profile case like this be blind to the personal risks they take if they fail to appease the media created mob expectation?

    I refuse to bury myself in the details of another case, but superficially what seems likely to me is that Dunn had irrational fears. That his fear of a car load of teens might have been real to him, and his actions based on those fears reasonable to him.

    I am less willing to accept some kind of cold killer explanation, but bully with a gun seems likely too, but both I would think would be part of a long term pattern. Bully with a gun still needs some strong reason that the trigger was pulled. It isn't rational to think firing a gun isn't going to change your life and that you can just drive away.

    Parent

    And if he were a hot headed bully with a gun ! (none / 0) (#77)
    by gbrbsb on Mon Feb 17, 2014 at 09:31:20 PM EST
    Sorry, "!" should be "?" (none / 0) (#78)
    by gbrbsb on Mon Feb 17, 2014 at 09:34:10 PM EST
    My wife's friend (none / 0) (#115)
    by Mikado Cat on Wed Feb 19, 2014 at 02:49:49 AM EST
    calls it testosterone poisoning when two males escalate for no apparent reason. I don't see it as limited to someone that frequently exhibits rage, as it seems that fairly normal people can have some event push their button.

    BTW bully with a gun seems still a good distance from bully with a gun fires it. If you have a gun and you don't think the other person is armed, why fire the gun and go to jail, just wave it around and make threats or whatever.

    Parent

    You think waving a gun around and (5.00 / 3) (#123)
    by Anne on Wed Feb 19, 2014 at 09:13:20 AM EST
    making threats won't result in your being arrested?  

    Not only that, but you go waving a gun around and making threats, and one of those always-carrying, here-I-come-to-save-the-day gun enthusiasts - and I'm told "they're everywhere" - is liable to take you out.

    Are you even allowed to go out by yourself?

    Parent

    Visit reality much? (1.00 / 1) (#184)
    by Mikado Cat on Fri Feb 21, 2014 at 07:11:17 PM EST
    If you fire a gun in any normal public place you almost certainly will be talking with police and fully investigated.

    There is a huge amount less certainty that some display of a weapon short of firing it will have any consequences whatsoever. Without "good" video it comes down to "he threatened me with a gun", vs "no I didn't".

    Someone jumps out of a car and approaches you aggressively and you put your hand on gun and allow them to see you are armed, that should end the situation without a shot being fired.

    Parent

    Where are you getting your information from??? (none / 0) (#127)
    by Harold on Wed Feb 19, 2014 at 10:41:54 AM EST
    Not only that, but you go waving a gun around and making threats, and one of those always-carrying, here-I-come-to-save-the-day gun enthusiasts - and I'm told "they're everywhere" - is liable to take you out.

    Well, you may want to reconsider who's a legitimate authority on the subject.

    One of the main things taught in all good self-defense classes is that you don't go around in "here-I-come-to-save-the-day" mode.  In fact, you avoid changing your behavior in any way.

    This is done by pointing out the frequent ambiguity of such incidents, especially if you show up in the middle of one.  If you see someone "wave [a gun] around and make threats or whatever", is it a law abiding citizen or plain clothes police officer engaging in a legitimate action short of firing the weapon?  Unless you KNOW, like you were there when a bank robbery starts, you don't "take out" (a word we never use) the person with the gun.

    With around 8 million concealed carry licensees out there we've got plenty of experience in what really happens and doesn't, and the fact is that this doesn't happen with any frequency, as demonstrated in this takedown of the Violence Policy Center's best effort to find such incidents (note for that paper I was one of Clayton's research minions).

    These discussions would be a lot more fruitful and a lot less aggravating if they were based on the demonstrated reality of legitimate, law abiding gun owners vs. the prejudiced canards that are tossed around so freely.

    Parent

    It was precisely because of the (5.00 / 1) (#132)
    by Anne on Wed Feb 19, 2014 at 11:13:02 AM EST
    comment Mikado Cat made, wherein he suggested that, in order to avoid going to jail, a person should refrain from actually shooting anyone, and just wave his or her gun around and make threats, that I responded as I did.  If you want a responsible discussion, perhaps you should school and scold Mikado Cat and not the person who called him on his dangerous and stupid suggestion.

    I don't know how you want to factor in that kind of stupidity, but it's clear to me that while there are millions of responsible gun owners out there, there are also these kinds of people; we hear about them every day, and I'm pretty sure the reports aren't being fabricated.

    And the reason I referred to a gun owner with a here-I-come-to-save-the-day mentality has something to do with the countless times we hear, in the aftermath of a mass shooting, gun owner after gun owner say, "well, if people had been allowed to carry weapons into the mall/theater/college campus/store, maybe this could have been prevented or the loss of life minimized - somebody could have taken out the shooter."

    But way to focus on my characterization of a gun owner who just might take it upon himself to respond to a man-with-a-gun-making-threats and not on the utterly irresponsible and idiotic suggestion by Mikado Cat.

    Parent

    Libel in the non-legal sense and all that (5.00 / 0) (#137)
    by Harold on Wed Feb 19, 2014 at 12:07:58 PM EST
    [...] it's clear to me that while there are millions of responsible gun owners out there, there are also these kinds of people; we hear about them every day, and I'm pretty sure the reports aren't being fabricated.

    OK, if "we hear about them every day", you should have no trouble citing half a dozen or so that happened in the last month.  You do have different information sources than I.

    And the reason I referred to a gun owner with a here-I-come-to-save-the-day mentality has something to do with the countless times we hear, in the aftermath of a mass shooting, gun owner after gun owner say, "well, if people had been allowed to carry weapons into the mall/theater/college campus/store, maybe this could have been prevented or the loss of life minimized - somebody could have taken out the shooter."

    It's perilously close to blood libel to convert a case for one of the interventions easiest to morally and legally justify, without any doubt about the legitimate target, which we've actually seen play out in many cases where a would-be active shooter is stopped by a law abiding non-uniformed gun owner, into a general indictment of concealed carriers having a predilection to shoot in situations where ambiguity is common and no shots are being fired.

    But way to focus on my characterization of a gun owner....

    You libel me and mine and don't expect a response?  Like, per CityLife:

    [...] you are allowed to continue to give your opinion on the Zimmerman case after you melodramatically and nastily complained at me,  "For the love of God, enough with re-litigating every nanosecond of the Zimmerman case."?

    As for Mikado Cat: it's not clear if his suggestion is "utterly irresponsible and idiotic"; it sort of is if he's referring to what bullies should do shy of actually shooting (no good can come from it), much less so in the most common cases of armed self-defense, > 90% of the 2.5 million a year are resolved without the gun ever being fired.

    Parent

    "Blood libel?" Really? (5.00 / 1) (#139)
    by Anne on Wed Feb 19, 2014 at 12:29:25 PM EST
    Okay, so thanks for that - now I know what I suspected all along.

    Say "hi" to Sarah Palin for us, won't you?

    Parent

    Blood libel?? (5.00 / 1) (#140)
    by shoephone on Wed Feb 19, 2014 at 12:32:15 PM EST
    Congratulations for taking this thread into the absurd zone.

    Parent
    At least 1 American Child is Shot Every Hour (5.00 / 1) (#143)
    by ScottW714 on Wed Feb 19, 2014 at 01:14:02 PM EST
    Unless there is a valid reason for shooting a child, that would be roughly 10,000 idiots with guns/year.  

    Not that you care, but about a third of them died.

    Do you need more examples ?

    LINK

    Google has got 25 million hits.

    Parent

    We were talking about law abiding gun owners (5.00 / 0) (#144)
    by Harold on Wed Feb 19, 2014 at 01:43:47 PM EST
    And most people don't score elder teens as a "child"; drop the crystal clear activity by criminals and "children" like Martin and the numbers are much smaller if not minute.  I'm pretty sure those also include suicides.

    Heck, look at the first paragraph of the article you link to:

    A recent research estimates over 10,000 under-18s were shot in the US in 2009 - at least one third died. While infants are mostly injured due to firearms mishaps, teenagers are most often victims of criminal armed assaults.

    No amount of oppression of law abiding gun owners is going to change the latter a wit, and that's not a tautology when you look at how many of the shooters already have a criminal record.  Not to mention the victims, at least for all ages of homicide.

    I care rather more for the official CDC etc. statistics than the "If it bleeds, it leads" media hits on Google.

    Per the CDC there were 606 fatal gun accidents in 2010, and from my general knowledge of these statistics about 200 of them would be children.  For a time more real, young children were being killed by 5 gallon buckets.

    So if we work backwards from the 1/3rds estimate, 600 "children" accidentally shot.  Have to eat lunch now, but I'm sure the morbidity reports of the CDC detail the real number of accidents.

    Parent

    You Are Switching Gears... (5.00 / 5) (#150)
    by ScottW714 on Wed Feb 19, 2014 at 02:53:37 PM EST
    ...you wanted proof of irresponsible gun owners, it was provided, now you want to go to another direction.

    -----------

    And I really wish the resident 2 year old would just leave me the F alone, I am so tired of dealing with a child on so many levels, yes squeaky I mean you.  The only poster who takes pride in being irritating, too GD stooopid to understand that being irritating is not a quality anyone likes, as much fun as it is for you squeaky.

    Parent

    Namecalling? (none / 0) (#153)
    by squeaky on Wed Feb 19, 2014 at 03:10:18 PM EST
    If you want to be left alone join a members only club, or just stop making comments here.

    For someone who so easily throws a tantrum, it is funny that you call others two year olds when they call into question your rhetoric.

    Parent

    Incorrect... (1.00 / 0) (#174)
    by ScottW714 on Thu Feb 20, 2014 at 09:44:20 AM EST
    ...First, there is no tantrum, and secondly please don't deflect, I didn't call 'others' names, I called you out, specifically, on your behavior.

    Stop acting like a child and I will stop calling you one.

    Parent

    I'm one of those ... (5.00 / 1) (#160)
    by Yman on Wed Feb 19, 2014 at 08:08:06 PM EST
    ... "law abiding gun owners", and your comments about "blood libel" are TSFW.

    Maybe you shouldn't presume to speak for "law abiding gun owners".

    Parent

    Now I Get It (5.00 / 0) (#145)
    by squeaky on Wed Feb 19, 2014 at 01:45:26 PM EST
    It seemed strange that you would be berating Harold, who appears to be a responsible gun owner, for posting here. Now I get it, you want to argue against gun rights, or scare others into believing that gun ownership is a bad thing, in order to increase the odds of your prevailing in a gun fight, since you are a gun owner.

    If that is not the case, your arguments are really strange.

    Do you also argue the same points about car ownership?

    Parent

    No he's not (5.00 / 5) (#146)
    by vicndabx on Wed Feb 19, 2014 at 02:12:03 PM EST
    a responsible gun owner

    if he's asking rhetorical questions such as this:

    So you're saying the law and case law is such that asking someone to turn down their music is such a provocation that if their response is a threat of lethal force, you must disengage and retreat if at all possible?

    IMO, a responsible gun owner who "lives the concealed carry lifestyle" should go about that lifestyle minding his/her own business and not start $hit w/random strangers.  Especially strangers that don't know he/she has a gun.  At least have the b@lls to show your gun if you're going to talk $hit.  Then the other person can make an informed decision about whether THEY should withdraw since apparently, gun owners (at least in FL) don't have to.

    A responsible gun owner should DISCOURAGE confrontation.  Not look to start it.

    Parent

    Case Law Argument (5.00 / 0) (#148)
    by squeaky on Wed Feb 19, 2014 at 02:33:58 PM EST
    Not sure how that comment makes the commenter an irresponsible gun owner. He is responding to an out of context comment about aggressor statute.

    Do you believe that any gun owner that believes SYG is a good law is an irresponsible gun owner?

    Parent

    Deflection (5.00 / 1) (#151)
    by vicndabx on Wed Feb 19, 2014 at 02:57:33 PM EST
    Not what I said.

    You missed the IMO in my post.  Beyond that, Harold was also talking about "lifestyle" which isn't the same as law.

    To directly answer your question, no.  If you are truly threatened by no fault of your own I believe gun owners should be able to defend themselves.  Clearly case law demonstrates fault doesn't matter.

    These laws should be clarified so that actions prior to shooting, not just the point the shooter felt fear, are taken into consideration.

    Otherwise as I state above, we will all need guns to protect ourselves from getting killed over simple arguments.  Either that, or make sure you always roll with a bunch of attempted murder candidates so that the prosecutor will be able to charge the person that kills you with something other than your murder.

    Parent

    by no fault of your own (5.00 / 0) (#155)
    by squeaky on Wed Feb 19, 2014 at 03:36:06 PM EST
    Well that is a pretty big qualifier. In the example stated above.  In your opinion, would asking someone to turn down their music classify you as having fault?

    Use of force or threat to use force prior is the only provocation that disallows claim of self-defense claim by a defendant. That is the line that seems clear to me.

    Are you arguing that the line should be broadened to cover insults or other provocations that are short of using force or threatening to use force?

    Parent

    In a word (5.00 / 1) (#179)
    by vicndabx on Thu Feb 20, 2014 at 10:26:09 AM EST
    YES.

    Here's why - the confronter/asker has no way of knowing how the person will respond.  The person confronted could be having a bad day or just have a regular old chip on their shoulder.  Who's to say what's too loud?  Here now are potentially a number of lives wrecked when all that CCP holder had to do was live his own life and deal w/the random crap we all deal with.

    Policy for CCP holders should be when armed and not on your property, do not initiate interactions with random people unless you have a specific business purpose for doing so.  Otherwise, mind your own business, you have no special authority to police anyone other than yourself.

    IMHO.

    Parent

    Ah, a student of Cardinal Richelieu (2.00 / 1) (#149)
    by Harold on Wed Feb 19, 2014 at 02:42:10 PM EST
    Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre. "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."

    Disputed, and perhaps from one of his agents, but a true enough principle for someone who wishes to turn a discussion of the fine points of the law into a damning statement of my beliefs, ignoring other statements such as:

    That rhetorical question being a setup for this one:

    Let's turn that around: would a provocation of playing objectively (i.e. enough dB) excessively loud music warrant a response of a threat of lethal force ("Turn down your music or I will kill you with this gun in my hand"), and you must first try to disengage and retreat if you can???

    Or:

    every time I walk out the door, unless my destination bans guns, I "get my gun" and put it in its holster.  Where it's mostly forgotten until I return home.

    Yet here I sit, posting on the net instead of rotting in a jail cell.  If you really insist, I can direct you to my state's judicial database, but you'll find slim pickings since the sum total of my formal adversarial interactions with the police are two parking tickets in 53 years of life.

    And then the cautions:

    One of the main things taught in all good self-defense classes is that you don't go around in "here-I-come-to-save-the-day" mode.  In fact, you avoid changing your behavior in any way.

    About specific alternatives Dunn had vs. confrontation:

    I.e. avoid creating (more of a) conflict in the first place.  Which is yet another thing we're taught in self-defense classes, that we'll be held to a high standard if we, however legally, initiate a conflict that ends with our using lethal force.

    As I've mentioned before, I know of no one in the self-defense community who has anything positive to say about Dunn's actions.

    Which of course directly contradicts your:

    A responsible gun owner should DISCOURAGE confrontation.  Not look to start it.


    Parent
    speaking of contradictions (5.00 / 2) (#156)
    by NYShooter on Wed Feb 19, 2014 at 03:42:21 PM EST
    "As I've mentioned before, I know of no one in the self-defense community who has anything positive to say about Dunn's actions."

    You must have missed the logic of the three Florida jurors who felt that Dunn's shooting & killing a fleeing, unarmed, teenager was justified under Florida's self defense laws. Or, to put it more succinctly, felt that such a shooting did not translate to murder.

    While the three jurors may not have been members of the "self-defense community" you cited, I'll, simply, point out that the only member of your
    "self-defense community" was the killer himself, Mr. Dunn.

    Parent

    What higher standard (none / 0) (#152)
    by vicndabx on Wed Feb 19, 2014 at 03:07:06 PM EST
    we'll be held to a high standard if we, however legally, initiate a conflict that ends with our using lethal force.

    Your peers will look down their noses at you?  That doesn't help the dead person.

    Where is the legal application of this higher standard?  There is none, which was my point.  Or is there some fine legal point I'm not aware of?

    Parent

    More unintentional hilarity... (5.00 / 1) (#147)
    by Anne on Wed Feb 19, 2014 at 02:16:58 PM EST
    "Now I get it."
     

    To no one's surprise, uh, no...you really don't.  

    You may, however, have scored a personal best in the category of "seriously fractured logic" with this gem.

    Podium is over there, right next to the man waving a gun and shouting threats, and Mr. Blood Libel (who is not in contention for his use of fractured logic, but for invoking that term).  I don't know which one of you is entitled to gold, but please, in the interest of responsible gun ownership, try not to settle it with a gun (oh - what am I thinking?  No one ever settles a silly argument with guns...).


    Parent

    Not really a "takedown", but ... (1.00 / 0) (#162)
    by Yman on Wed Feb 19, 2014 at 08:23:56 PM EST
    ... just out of curiosity - In what fine, peer-reviewed journal did this scholarly work appear?

    Parent
    Did you even bother to read or skim it? (5.00 / 0) (#168)
    by Harold on Wed Feb 19, 2014 at 09:19:39 PM EST
    It seems reading comprehension is rather more of a rare skill on this forum that one would hope.

    Note this little bit from the post you're replying to:

    for that paper I was one of Clayton's research minions

    I know, because I did my share of the research, that the original Violence Policy Center paper is garbage.

    I also know that Clayton is a bit more proud of getting cited by the Supremes (Heller and McDonald) and Federal Circuit and probably District courts---the latest being the 9th's Peruta v. County of San Diego---than merely getting anything formally published e.g. in a law review.  I doubt any of us have done anything so consequential....

    Anyway, that paper was prepared for Woollard v. Gallagher, since the plaintiffs were citing the VPC paper which it "tookdown" to justify Maryland's severe may-issue regime.

    Parent

    So the shorter answer is ... (5.00 / 1) (#169)
    by Yman on Wed Feb 19, 2014 at 09:54:23 PM EST
    ... none.  This "paper" isn't even a study, since it has never been subjected to peer review.

    BTW - Interesting that, according to you, the VPC is a "piece of garbage", yet Clayton's paper wasn't enough to avoid a unanimous reversal by the 4th Circuit.

    Go figure.

    BTW - "Clayton" must have been so proud - getting "cited by the Supremes", and all.  Of course, those "Supremes" were (in reality) simply one Supreme - Scalia, and his paper was cited  - not because it "tookdown" the VPC paper - but merely as support for the idea that the phrase "bear arms" was also used in nonmilitary contexts in the founding period.

    I think you might be right about that whole "reading comprehension" thing ...

    Parent

    Concern Trolls/Bedwetters (none / 0) (#131)
    by squeaky on Wed Feb 19, 2014 at 11:02:52 AM EST
    Either the conservative branch of the so called liberal party who post here are bedwetters, afraid of getting shot by gun totting, save the day gun enthusiasts or they are concern trolls worried about the little people who are likely to get shot.

    The information disseminated above, not so different from right wing chants that muslim are going to come and take our freedoms away, is hype, propaganda and fear mongering.

    Many here believe that police and military should be the only ones with guns, because they are here to protect us from all the bad people.

    So much for constitutional rights, funny when the liberal and right wing overlap.

    Parent

    A legitimate concern (5.00 / 0) (#134)
    by Harold on Wed Feb 19, 2014 at 11:29:31 AM EST
    [...] or they are concern trolls worried about the little people who are likely to get shot.

    This is a legitimate concern.  It was the thesis of Crump's fraud, and it sure looks like it happened in the Dunn case; hopefully Team Corey (continuing to lose respect from just about every observer, I gather) will get their act together in the retrial and actually make the case they're required to.

    Which brings me to my major point: the problem I have with this concern is these very rare cases are ostensibly prompting people to propose to upend centuries of self-defense law, or even the foundational Western principle of law Ei incumbit probatio qui dicit, non qui negat--"Proof lies on him who asserts, not on him who denies", which per Wikipedia goes back to the 2nd or 3rd Century, per Justinian's famous 6th Century digest of Roman law.

    Yep, a principle foundation of our law for 2 millennia, to be cast aside for a case that's not even hard (referring to the maxim that "Hard cases make bad laws").

    Parent

    Squeaky (5.00 / 3) (#178)
    by jondee on Thu Feb 20, 2014 at 10:14:26 AM EST
    you're doing the exact same thing yourself when you resort to lurid, heavy-handed hyperbole about people being "anti-2nd" and "anti-gun" when all many desire is the reasonable, sane regulation of firearms.

    On this thread you're sounding more and more like some paranoid, armed-to-the-teeth Teabagger hunkered down in a bunker in the Ozarks or one of those who accused Bush critics of "hating America".

    Making sure nuts and gangbangers can't stockpile AR 15s at gun shows has nothing to do with being "anti-gun" or "anti-2nd".

    Parent

    it's that right wing "slippery slope" (1.00 / 0) (#180)
    by jondee on Thu Feb 20, 2014 at 10:26:17 AM EST
    paranoia again, i.e. if we take away Adam Lanza's Bushmaster, next they'll come for my Browning 20 gauge and my great grand daddy's Colt's Dragoon..

    And while we're at it: single payer is the first step toward full-blown socialism and the EPA and the SEC are another step toward complete government takeover of the economy..

     

    Parent

    Yeah, Like Some Clown... (none / 0) (#136)
    by ScottW714 on Wed Feb 19, 2014 at 11:32:45 AM EST
    ...who keeps tossing out 8 million concealed carry permits not realizing that just because someone has one doesn't mean they actually carry a gun in public.

    Or that people with permits don't always follow the instructors teachings, or that the teachings may not be that good to begin with, or that many folks with guns don't actually have permits to carry them ?

    Is that what you were referring to or was it some other canard ?

    Trying to split the responsible gun owners from idiots with guns is a ridiculous, it's subjective GZ being a prime example, responsible or not ?  Never get a consensus on that, but here you are trying to differential between the two, when they are one in the same.

    Gun owners are one lot, myself included, and trying to peel off this or that faction as some group beyond reproach is pointless for the folks who aren't scared of their own shadows and leave the house without a a loaded weapon, like myself.  We should not have to walk around wondering who is actually responsible and whose gun is going to fall out an go off in a crowded coffee shop.

    Even if we did everyone agreed, they certainly would never agree to not giving irresponsible people guns, can't even figure out if legitimate crazy people can own guns at this point in the game, so there is no point is trying to split that hair.

    Instead of arguing ridiculous points at a place where few have guns how about preaching to the idiot brigade that keeps giving 'responsible' people like yourself a bad name by acting like guns are toys and/or extensions of their male organs.

    Parent

    Instead of? (none / 0) (#138)
    by squeaky on Wed Feb 19, 2014 at 12:10:30 PM EST
    Instead of arguing ridiculous points at a place where few have guns how about preaching to the idiot brigade that keeps giving 'responsible' people like yourself a bad name by acting like guns are toys and/or extensions of their male organs.

    Not sure why you think that the commenter should not be discussing his opinions here because you believe most commenters are not gun owners. Besides the fact that many read TL who do not comment and may be gun owners, it is good to have another opinion than that of the anti-gun chorus here.

    Also what makes you think that the commenter does not also make comments to gun owners about being responsible?

    Parent

    Thanks (5.00 / 0) (#141)
    by Harold on Wed Feb 19, 2014 at 12:33:00 PM EST
    Not sure why you think that the commenter should not be discussing his opinions here because you believe most commenters are not gun owners.

    Indeed; one of the reasons I occasionally comment on Talk Left is to provide the perspective of a law abiding gun owner who routinely carries concealed.  And to avoid maintaining an echo chamber of my own by getting reminded of how we are routinely Othered as not being members of "civilized society".  And how often these prejudices are so obdurate we can never count on reason changing them, but have to e.g. seek remedies in the courts like in so many previous civil rights wars.

    it is good to have another opinion than that of the anti-gun chorus here.

    Thank you.  And I thank our host for not declaring it thought crime.

    Also what makes you think that the commenter does not also make comments to gun owners about being responsible?

    And has been formally teaching responsible gun handling since 1977....

    Parent

    Nope ! (none / 0) (#75)
    by gbrbsb on Mon Feb 17, 2014 at 09:22:32 PM EST
    A very important point (5.00 / 1) (#24)
    by NYShooter on Sun Feb 16, 2014 at 05:59:59 PM EST
    is whether the judge determines the 4 guilty verdicts to be served consecutively, or, concurrently. If consecutively, the murder 1 charge is pretty much moot as the other charges would effectively be a life sentence. (Dunn is in his mid 40's.)

    I wonder how a judge determines these things.

    How does this work out in terms of actual time (none / 0) (#185)
    by Mikado Cat on Fri Feb 21, 2014 at 09:30:18 PM EST
    served?

    If consecutive, does that apply to the mandatory portion of the sentence?

    Short version, when is Dunn up for parole?

    Parent

    What might have happened with the jury (5.00 / 1) (#32)
    by Harold on Sun Feb 16, 2014 at 08:32:18 PM EST
    According to O'Mara the prosecution qualitatively failed to meet their burden of proof; if so, and one or more jurors noticed that, they could not vote guilty on the main charge WRT to the guy who was killed.

    However, completely separate from that, after a little time with Google it seems that the distance between the two cars was very small, "not enough to open the doors" from several accounts, according to Dunn himself.  Combine that with the very wide arc of the shots, and, well, only cops are allowed to wildly dump their magazines into vehicles with innocents.

    Here's the Florida law on second degree murder itself:

    The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree....

    Thus, Dunn, by making his affirmative defense of self-defense, implicitly or explicitly admitted to making all his shots, he "owns them" as we refer to it, and was "evincing a depraved mind regardless of human life", satisfying the Florida requirements for attempted second degree murder.

    Some thoughts (5.00 / 3) (#33)
    by Michael Masinter on Sun Feb 16, 2014 at 08:47:28 PM EST
    First degree murder requires premeditation, but no particular time duration for the premeditation.  I disagree with O'Mara; if you credit the prosecution case, the evidence of premeditation is legally sufficient irrespective of whether it persuaded this particular jury.

    Given that there is sufficient evidence of premeditation to support a first degree murder charge, the state had a reason to pursue it -- under Florida law, first degree murder charges require a twelve member jury, but second degree murder and lesser homicide charges only require a six member jury. Do the math; if you want to avoid an all white jury in Jacksonville given how toothless Batson has become, you charge murder one.

    I have not read any interviews with jurors yet, but the convictions on the attempt charges suggest the jury was not especially taken with a justifiable homicide defense, and instead hung over the degree of culpability. If that is the case, is it really in the interest of the defendant to have a second trial? Plea bargains resolve most criminal prosecutions.

    I encourage driving defensively, but in Florida, defensive driving has less to do with avoiding automobile accidents than avoiding being shot.  

    Anybody find it note worthy (5.00 / 3) (#80)
    by NYShooter on Tue Feb 18, 2014 at 02:39:03 AM EST
    that Dunn's girlfriend answered "no" to all the prosecutor's questions as to whether Dunn mentioned seeing a gun in the Davis vehicle?

    Here's an update without autovideo, ... (none / 0) (#3)
    by Donald from Hawaii on Sat Feb 15, 2014 at 06:49:40 PM EST
    Jeralyn: "([N]o link because I can't find one yet without automatic video playing.)"

    ... from the Los Angeles Times: LINK.

    Mark O'Mara on the Dunn Case (none / 0) (#5)
    by RickyJim on Sat Feb 15, 2014 at 07:51:42 PM EST
    Anybody who followed the Dunn case dispute O'Mara's analysis?

    Can the state try him on 2nd degree murder (none / 0) (#9)
    by ruffian on Sun Feb 16, 2014 at 06:32:43 AM EST
    now since the 1st degree charge was a mistrial?  I think it is likely that the premeditation issue is what hung the jury.

    Or do they have to use murder 1 again ina retrial? (none / 0) (#10)
    by ruffian on Sun Feb 16, 2014 at 06:33:59 AM EST
    if they retry him (none / 0) (#50)
    by Jeralyn on Mon Feb 17, 2014 at 12:50:17 PM EST
    on first degree murder, the jury would again be given the option of second degree murder or manslaughter as lesser included offenses.

    Parent
    Logic of jury in Dunn case (none / 0) (#37)
    by citizenjeff on Mon Feb 17, 2014 at 01:18:39 AM EST
    Folks are complaining it was illogical of the jury to conclude it was lawful to shoot the decedent but unlawful to fire at the other three passengers. Other than they couldn't agree which crime Dunn committed, is there a way the jury's reasoning could be valid?

    Why would Mark O'Mara think it significant that Dunn was overcharged if the jury could have convicted on lesser charges?

    Jeralyn, what did you mean when you wrote?: "If they can't reach a verdict on Count 1, the judge will declare a mistrial as to that count only, which would allow prosecutors to retry him." Like O'Mara, you also didn't mention the lesser charge option. Very confused as to what extent that option might be relevant with respect to the jury's reasoning.


    Possible logical reasons (none / 0) (#45)
    by ecreegan on Mon Feb 17, 2014 at 09:44:10 AM EST
    The jury could have found Dunn guilty of the last cluster of shots, or the second two clusters of shots, while being hung on whether reasonable doubt existed for self-defense on the first cluster of shots.

    On the audiotape, Dunn shoots three times, pauses, shoots four times, pauses, and shoots three more times.  While he's doing so, the other car is moving away -- and if they have a shotgun, no one is firing it.  So it's logically possible that the person/people on the jury who wouldn't convict for murder thought that reasonable doubt on self-defense ended when the victims retreated.

    The jury did ask questions about self-defense and if self-defense has to be consistent on all charges, or are they finding separately for self-defense on each charge, so the jury questions do suggest concern with self-defense.

    Or in spite on the jury questions, it could be a murder one / murder two conflict. One or more people on the jury could have accepted taking the gun out of the glovebox and chambering a round as premeditation and been unwilling to convict for murder two when she / he / they thought that premeditation existed, with another one or more people on the jury refusing to see premeditation in the time frame presented and not willing to convict for murder two.

    Personally, I don't see reasonable doubt in Dunn's self-defense claim: there was simply no evidence of a weapon beyond his own account, there was no evidence of something that could be reasonably mistaken for a weapon beyond his own account, the fact that no one shot back when under fire is suggestive that there wasn't a gun, and he didn't behave like a man who committed self-defense.  (He didn't go to the cops to get them to get the dangerous thugs off the street, or to put his story on the record and start the search for the shotgun; he claimed he was frightened thugs would come after him, but he didn't go to the cops for protection and claimed he walked his puppy while leaving his gun in the glove compartment of his car; etc.)  None of this is absolute proof, and I acknowledge people do unreasonable things after perceiving a threat -- but the accumulation of reasons to believe he did NOT commit self-defense and the paucity of reasons to suggest that he did passes the reasonable doubt threshold for me.

    Parent

    What's required and not for credible self-defense (none / 0) (#46)
    by Harold on Mon Feb 17, 2014 at 10:35:24 AM EST
    Personally, I don't see reasonable doubt in Dunn's self-defense claim: there was simply no evidence of a weapon beyond his own account, there was no evidence of something that could be reasonably mistaken for a weapon beyond his own account, the fact that no one shot back when under fire is suggestive that there wasn't a gun....

    None of the above are required.  No evidence of a weapon per se is required, look at the example of someone pointing something at you inside his outerwear pocket and claiming it's a gun.  Depending on the circumstances, demanding the person on the other side determine if it's a gun or a finger could be unreasonable, hence the reasonable person legal concept.

    One should also note that if not immediately secured evidence is known to conveniently disappear, this is yet another reason not to leave the scene unless it's necessary for safety.

    That no one shot back could be an artifact of his shooting first, if he hit the person with the gun or otherwise rattled him.

    The rest of your points, though, are strong, they and I gather testimony including probably his own (I heard his defense was so weak he had to go on the stand to provide the evidence needed for a self-defense jury instruction) all bear on his credibility.

    Although I don't know exactly what's required of the prosecutor.  Establishing there is no reasonable doubt he is lying sounds like a high hurdle.

    Parent

    SITE VIOLATOR! (none / 0) (#82)
    by caseyOR on Tue Feb 18, 2014 at 07:38:48 AM EST


    Hey, casey - how are things going? (5.00 / 2) (#83)
    by Anne on Tue Feb 18, 2014 at 08:10:42 AM EST
    Been thinking about you a lot, hoping you and your family are doing okay.

    Parent
    One juror speaks (none / 0) (#124)
    by SuzieTampa on Wed Feb 19, 2014 at 09:29:20 AM EST
    One juror gave an interview to ABC. The media is confusing the issue by referring simply to "murder," as opposed to first degree, second degree and manslaughter.

    Different Charges Were Discussed (none / 0) (#128)
    by RickyJim on Wed Feb 19, 2014 at 10:52:05 AM EST
    According to Valerie, the jurors who believed Dunn was guilty were split between first-degree, second-degree and manslaughter - but because they were unable to unanimously overcome the issue of self-defense, the jury was deadlocked. The jurors yelled and screamed at each other at one point, but all were respectful of each other's position.

    At the end of the interview when asked if Dunn had options she said,

    Oh yes.  Roll your window up, ignore the taunting, put your car in reverse, back up to the front of the store, move the parking spot over.  That is my feeling.

    Of course, some will argue that Florida's SYG law says that Dunn didn't have to exercise those options.

    Parent
    Point out some of those putative "some" (none / 0) (#130)
    by Harold on Wed Feb 19, 2014 at 11:02:05 AM EST
    Since Stand Your Ground only comes into play once force enters the conflict.

    These were all alternatives to Dunn telling them to turn their music down.  I.e. avoid creating (more of a) conflict in the first place.  Which is yet another thing we're taught in self-defense classes, that we'll be held to a high standard if we, however legally, initiate a conflict that ends with our using lethal force.

    As I've mentioned before, I know of no one in the self-defense community who has anything positive to say about Dunn's actions.

    Perhaps your "some" are those who dislike Stand Your Ground and therefore self-defense in the first place?

    Parent

    The Section of FL Law to Which I Was Referring (none / 0) (#133)
    by RickyJim on Wed Feb 19, 2014 at 11:18:04 AM EST
    776.013 (3)
    (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

    I think this wording is unclear because I am not sure what it says to do if the choice is between the following options:

    1. Retreat Safely
    2. Don't retreat and use deadly force.


    Parent
    What you are missing is (none / 0) (#187)
    by Mikado Cat on Fri Feb 21, 2014 at 10:26:32 PM EST
    what Harold just told you, retreat applies to the time force was used, not prior events. The moment that

    "it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

    It is strictly that moment where inaction allows the harm.

    Loud music is the initial event, but not the important one. Its the resulting argument where Dunn claims words had escalated to physical action and he was being approached by an armed aggressor.

    I'm not saying this is how it happened, just trying to explain the timing related to the statute.

    In almost all cases by the time harm is imminent its too late to safely retreat.

    Parent

    State failed to prove its case (none / 0) (#129)
    by Harold on Wed Feb 19, 2014 at 10:52:52 AM EST
    At least in this first trial, and it sounds like O'Mara was right.  Per Legal Insurrection's commentary on the interview:

    In this case, juror #4 tells us that the initial polling amongst the jury on the Davis charges was 10 to 2.  Ten jurors believed Dunn guilty of the murder of Jordan Davis, and two were unconvinced.  Interestingly, after four days of deliberations, this vote had changed to 9 to 3-now three jurors believed self-defense had not been disproved beyond a reasonable doubt, rather than just two. Given this trend, it is no wonder that the jury agreed to ultimately give up on the issue of the killing of Jordan Davis.


    Parent
    link was to a specific Zimmerman video (none / 0) (#159)
    by CityLife on Wed Feb 19, 2014 at 07:52:01 PM EST
    which you didn't and couldn't dispute a single point, instead you resorted to smear tactics against the channel. Your claims 1,2 & 4 are demonstrably false. Claim 3 is correct but shouldn't all good liberals be against abuse and discrimination?

    Andrew Branca Interview (none / 0) (#177)
    by RickyJim on Thu Feb 20, 2014 at 10:06:12 AM EST
    He does a good job of explaining the three groups of shots fired by Dunn and its probable effect on the outcome of the case.