On Tuesday, February 18, 2014 8:41:59 PM UTC-5, Robert Green wrote:
"Kurt Ullman" wrote in message



They are talking about refiling the 1st degree charge. Since he was

already convicted, how is that not double jeopardy?



Hung jury on the one who was killed. The three attempted murder charges

covered the surviving three occupants. The jury did not acquit on murder

one or the lesser charges on the victim, they could not agree to a verdict.

Don't worry. Although the jury is mum for now, my J-prof assured me that 12

people can't keep a secret like that and so far he's been right. Someone

always talks.



Then we'll find out that there was at least one holdout who believed in the

magic shotgun theory.



Magic because Dunn's GF said he never mentioned it until long after the

shooting.



Magic because Dunn was drunk enough to not really know what he was seeing.



AFAIK, no one ever proved that or anything close to it at trial.




Magic because the occupants did not fire back with the alleged shotgun but

ran instead.



Magic because Dunn didn't bother reporting the incident and had to be

tracked down by the cops.



Magic because it was never found nor could the defense prove the occupants

ever owned or had access to a shotgun.



They did drive 300 ft away to another parking lot. The police never
secured that area and didn't search it for the alleged shotgun until
4 days later. Witnesses also could not account for the whereabouts of
all the other 3 during the period immediately after the shooting.
Leaving the possibility that they could have gotten rid of a shotgun.





Magic because no corroboration of any kind exists for that story which

sounds like it came from the fertile mind of a defense attorney.


AFAIK, it came from Dunn himself when he was questioned by police.
If he made it up, it sure doesn't take a lawyer to come up with that
little tale. If some thought had gone into it, I'm sure they could
have come up with a lot better. Plus it would be a crime for the
lawyer to tell his defendant to lie to the police and/or court.




Too bad for him the magical story appears not to have worked on the other

charges of attempted murder.



Because it couldn't work.




They almost have to refile on the most serious charge because the jury DID

convict on the attempted murder counts.

And why is that? It seems almost a certainty, unless the judge
does something totally bizarre, that he's going to get at least 20+20=40
years, ie essentially a life sentence. IMO, a total sentence of
20 years would be more appropriate. You have all kinds of people
who have done far worse, doing a lot less time. And many of those
have long criminal records. Dunn has no priors. Whatever happened,
it was a spur of the moment thing, not a premeditated crime wave
by a career criminal.


The state will no doubt refine its

case once the jurors start talking about the deliberations. For me it

hinges on how can a drunk or stoned person reasonable evaluate if his life

is in danger when his perception is legally impaired. We say it's illegal

to drive a car that could kill someone when impaired but don't question if

that impairment affects their decision to shoot someone. Eventually Florida

will refine its laws once enough of these cases occur.


Why waste everyone's time and money when the guy is already going
away for essentially life. Good grief.



The outstanding charge is really bad news for Dunn who could still be freed

if he wins at appeal. He could win on appeal but lose again on murder one

at a retrial. Frankly, I don't think he can win on appeal because the state

had some pretty big guns on the case.



He's got about a zero chance of winning on appeal. And if he does,
they can retry him on murder then. But if this jury couldn't convict,
there's no guarantee another one will either.





Can't wait to see what happens to the man who was lethally defending himself

against a popcorn attack. Apparently like Dunn couldn't find another

parking space, the gun made it impossible for the popcorn killer to find

another seat. That's the well-known downside of letting every warm body (it

seems) carry a weapon.

Shouting matches and fistfights now become

homicides - very expensive homicides.

But it was OK for you to carry one right? But not an ex-cop?
Hypocrite.



I can't imagine this will be cheap

for our fellow Floridians. Nor do imagine that these cases will stop as a

result of these two trials. The genie is out of the bottle.



What cases? How about all the similar cases in Detroit, Chicago
where people are getting shot every day. Oh, but you hardly hear
about them, because the lib media only wants to focus on certain
cases, especially if it's a white guy that shoots a black guy.
But black shoots white, no big story there. Black shoots black, no
big story there.