“Loud music” Murder Case: Prosecution Delivers Solid Close [self-defense or murder?]

Legal Insurrection ^ | 2-12-2014 | Andrew Branca

[servo1969]

Assistant State Attorney Erin Wolfson made a solid presentation in the first of the State’s two closing arguments. (The State has a second closing argument after the defense’s close.)

Reasonable Doubt

She touched upon all the key points, using powerpoint slides and forensic photos, beginning with a definition of a reasonable doubt, defined in the negative as is pretty much the norm.

(Reasonable Doubt.)

First Degree Murder

The elements of the crimes with which Dunn is charged, beginning with first degree murder.

(Murder 1st Degree.)

In the context of first degree murder she also provided a definition ofpremeditation:

(A Premeditated Act.)

(Premeditation slide 2.)

(Premeditation slide 3.)

Second Degree Murder

Wolfson then transitioned into the lesser included charge of second degree murder, differentiating it from first degree:

She then defined 2nd degree murder in the context of the facts of this case:

(2nd degree murder under facts of this case.)

Finally, she defined the malice element of second degree murder:

(Malice of 2nd degree murder defined.)

Premeditation

She emphasized, however, that this was truly a case of 1st degree murder, not second, because the element of premeditation was proven beyond a reasonable doubt by the evidence:

(Premeditation evidence.)

During this argument she made extensive use of the forensic evidence of the bullet strikes and trajectory rods, emphasizing the number and accuracy/precision of the shots fired:

(Davis door bullet holes.)

(Davis door trajectory rods.)

(Exterior trajectory rods.)

Time for Reflection

She also touched upon the third burst of fire that struck the back of the fleeing SUV, and used this to transition into the “time for reflection” component of premeditation:

(Time for reflection element of premeditation.)

The Law of Self Defense

Wolfson then got to a subject near and dear to my own heart, the law of self-defense, starting with defining Florida’s laws governing the justifiable use of deadly force:

(Justifiable Use of Deadly Force.)

She also defined Florida law in the context of the use of deadly defensive force against a forcible felony:

(Self-defense, forcible felony.)

Wolfson noted, however, that any act of self-defense must be that of a reasonably cautious and prudent person under the circumstances:

(Circumstances, reasonably cautious and prudent.)

She then walked the jury through the facts in evidence, and urged that they conclude Dunn’s conduct simply did not qualify as lawful self-defense:

(Dunn’s conduct not self-defense.)

Attempted Murder

Wolfson then moved on to the three counts of attempted murder, in the context of Kevin Thompson, Leland Brunson, and Tommy Storns, defining the crime:

(Attempted Murder in the 1st Degree.)

These charges stem, of course, from the final three rounds Dunn fired into the rear of the SUV as it fled:

(Trajectory rods, final shots, rear of SUV.)

Wolfson then touched upon the lesser included charges here, including both attempted murder in the 2nd degree and attempted manslaughter by act:

(Attempted murder 2nd degree.)

In the context of the manslaughter charge, she also defined “wanton and malicious”:

(Wanton and malicious.)

Weighing the Evidence: Dunn’s Inconsistent Statements

Wolfson spent the last part of her closing explaining to the jury how Judge Healey would instruct them to weigh the testimony in court.

(Weighing the evidence.)

She then asked the jury to carefully apply that same standard to Michael Dunn’s own testimony, calling out one inconsistent statement after another:

(Dunn’s inconsistent statements.)

(Dunn’s inconsistent statements 2.)

(Dunn’s inconsistent statements 3.)

With that, Wolfson wrapped her closing statement, and Judge Healey recessed the court for lunch. Throughout the morning, defendant Michael Dunn sat impassive.

(Defendant Michael Dunn.)

Defense Closing, State Rebuttal, Jury Instruction, Deliberations

After lunch defense counsel Cory Strolla will present his closing argument, after which the State will have an opportunity to rebut.

Following the State’s final closing argument, Judge Healey will instruct the jury on the various criminal charges, self-defense, how to weigh evidence, and provide them with their verdict forms, then send them off to deliberate.

It is a dangerous art to predict how long a jury will be out in deliberations. I would note, however, that the Zimmerman jury was effectively in deliberations for just a few hours, and the Marissa Alexander jury for only 12 minutes.

See you back at the live coverage page at 1:00PM, and for live-tweeting be sure to follow me at both @LawSelfDefense and @LawSelfDefense2.

[Mr. K]

I don’t thie is is murder 1 but I would certainly agree with murder 2.

I think he should have argues that too. He got mad, and over-reacted.

I saw a guy in college do that once- he was always picked on and one day he just lost it, no one EVER thought he was capable of such violence, but he nearly beat the school bully to death with his bare hands. The bullies freinds had to pull him off and by then THEY were afraid of him.

I am totally speculating but I think the guy got pissed at the rude dumbass kids with the loud music and lack of manners and he just lost it. I can totally see it happening that way.

[Bloody Sam Roberts]

From what I have seen of this case, Dunn will be convicted. Self defense is not a reasonable stance when you are firing at a car that is speeding away from you.

[Mr. K]

DAMMIT I SWEAR I AM PROOFREADIGN IMPARED!!!!!!!!!!

that was supposed to say:

I don’t think this is murder 1 but I could certainly agree with murder 2.

I think he should have argued that too. He got mad, and over-reacted. “I didn't mean to kill them but they were just such A$$HOLES provoking me”

I saw a guy in school do that once- he was always picked on and one day he just lost it, no one EVER thought he was capable of such violence, but he nearly beat the school bully to death with his bare hands. The bullies friends had to pull him off and by then THEY were afraid of him.

I am totally speculating but I think the guy got pissed at the rude dumb-ass kids with the loud music and lack of manners and he just lost it. I can totally see it happening that way.

But he's lost that argument now. I would have granted some leniency on sentencing if he was provoked, is all I am saying.

[DoodleDawg]

I think he helped convict himself when he said he saw a gun and that the victim was waving it around and how he discussed his need to shoot in self defense to his girl friend and told her about the gun. Then the prosecution gets her up on the stand and leads her through a series of questions showing that he never once mentioned a gun to her. He destroyed his own credibility and based on the evidence deserves conviction. He shot that kid down for no good cause. If he gets off on this then and that theater guy gets off then it’s clear that you can shoot anyone you want for any reason, or no reason at all, and by claiming threat you can walk away.

[thorvaldr]

“Self defense is not a reasonable stance when you are firing at a car that is speeding away from you.”

That should include cops.

[colorado tanker]

Yep. I haven’t followed this closely, but the prosecution’s points look pretty damning.

[Nifster]

That’s okay. I just figured you were an immigrant. Now that I know you suffer the same dilemma I do, I feel better. Even though my fingers are connected to my hands, they some how manage to type things that are non-directed

[Bloody Sam Roberts]

That should include cops.

Agreed. But, well...we are neither living in a perfect world nor a civilized one.

[servo1969]

I think Murder 2 definitely from what I’ve read.

[metmom]

I saw a guy in college do that once- he was always picked on and one day he just lost it, no one EVER thought he was capable of such violence, but he nearly beat the school bully to death with his bare hands. The bullies freinds had to pull him off and by then THEY were afraid of him.

Sounds like some friends of mine back in their middle school or so days.

They both told me the same account. Except that the guy who got beat up by the one that nobody expected to lose it like that, kind of blew it off saying it wasn't so bad. The guy doing the beating tells a different story about how bad it was.

FWIW, they're best of friends.

[Scoutmaster]

I think he helped convict himself when he said he saw a gun and that the victim was waving it around and how he discussed his need to shoot in self defense to his girl friend and told her about the gun.

I don't think he helped himself by leaving the alleged shotgun and self-defense out of his story until after he consulted with his attorney.

[SWAMPSNIPER]

I am not at all convinced that the kid didn’t have a gun and that his friends didn’t hide it.

[Hulka]

Wanna-be ‘gansta’s’ and thugs that drive around in those thumpa-thumpa noise-makers that rattle your windows should be exiled to the tundra where no one will be bothered by their insensitive, self-centered, rude, immature, me-me-me, I-am-no-one-so-I-must-make-noise-to-get-people-to-notice-me, I-am-doing-this-to-ruin-your-peace-and-quiet, don't-even-ask-me-to-turn-it-down-profanity-laced-uga-uga-'music’-or-I’ll-really-turn-it-up-because-I-am-a-nothing-more-than-a-little-sissy-that-has-to-make-noise-to-feel-like-a-big-man nonsense.

Civility is dead and the provocations are too many and too often that sometimes good people have had enough. "Falling Down" is becoming more than a movie.

[DCBryan1]

Those last 3 bullets into the rear are going to send him to the pokey.

[Uncle Chip]

This would be Murder 1 if his second or third volley of shots killed Davis but since it appears that the first volley of 3 shots killed Davis then it is Murder 2.

[frog in a pot]

Thank you very much for this summary.

[Owl558]

“I am not at all convinced that the kid didn’t have a gun and that his friends didn’t hide it.”

Assuming facts not in evidence?

[dmz]

Lack of civility has never been a capital offense, nor should it be.

[Georgia Girl 2]

So true. You can’t kill somebody for throwing popcorn on you and you can’t kill somebody for playing their music too loud in traffice. You may want to but don’t do it.