Murder of Jordan Davis

Map of Jacksonville, Florida
Date	November 23, 2012 (2012-11-23)
Location	Jacksonville, Florida, U.S.
Participants	Michael Dunn (shooter)
Deaths	Jordan Davis
Charges	One count of first-degree murder Three counts of attempted second-degree murder One count of firing into a vehicle[1]
Verdict	Mistrial on first-degree murder charge Guilty on three attempted murder charges Guilty on firing into a vehicle charge

The shooting of Jordan Davis occurred on November 23, 2012, in Jacksonville, Florida. Davis, a 17-year-old high school student, was fatally shot by Michael David Dunn, a 45-year-old software developer,^[2] who was visiting the city for a wedding from Brevard County. The incident began when Dunn asked Davis and his companions to turn down the loud music that was being played in the vehicle in which Davis was a passenger. After the jury was unable to return a unanimous verdict on a charge of first-degree murder, the judge declared a mistrial on that count. However, Dunn was convicted on three counts of attempted second-degree murder for firing at three other teenagers who were with Davis and one count of firing into a vehicle.^[3] None of the other teenagers were injured.

This case has often been compared to the shooting of Trayvon Martin due to the implications of Florida's "Stand-your-ground law", even though neither case actually invoked that law.^[4][5]

On Friday, November 23, 2012, around 7:30 p.m., four teenage males stopped at the Gate gas station to buy gum and cigarettes. While the driver, Tommie Stornes, was inside making the purchase, Michael Dunn and girlfriend Rhonda Rouer pulled into the adjacent parking spot. Rouer left the car to make some purchases.^[6] She testified that Dunn told her, "I hate that thug music" before she left the car for the store, although Dunn claims he used the phrase "rap crap."^[7][8]

The bass from loud music playing in the teens' SUV started to shake both cars and bother Dunn, who asked for it to be turned down.^[6] Front seat passenger Tevin Thompson initially complied, but then Jordan Davis objected and Thompson turned the music back up.^[9] According to the other teens, Davis and Dunn continued to talk to each other, with Davis cursing and becoming "extremely upset" while Dunn remained relatively calm. Meanwhile, Stornes returned to the vehicle.^[6]

According to Dunn's testimony, Davis threatened to kill him, then opened his car door and pointed what appeared to be a shotgun at him.^[8] Dunn, who has a concealed weapons permit,^[2] took a handgun out of his glove compartment and started firing at Davis' door, hitting him in the legs, lungs, and aorta. As the SUV backed up to evade his gun shots, Dunn opened his own door and continued firing at the car, later testifying that he still feared for his safety as well as that of Rouer, who was to return to the vehicle imminently.^[10]

Contradicting Dunn's account, investigators later searched the SUV and found no weapons; however, police detectives did not search the area for a weapon for several days after the shooting.^[11] Davis' friends testified that he couldn't have opened his door because the child lock was set. Rouer testified that, contrary to Dunn's claim that he mentioned the shotgun several times, he never mentioned a gun either that night or the next day.^[8][9]

After the shooting, Stornes drove the SUV a short distance away to a nearby parking lot and stopped to find Davis "gasping for air."^[6] Rouer returned to Dunn's car and they went back to their hotel where they ordered pizza. Dunn did not contact the police. The next morning, Rouer saw a report about the shooting on the news, indicating that Jordan Davis had died. At her request, the couple abandoned their prior plans and headed straight home. On the drive home, Dunn testified he called a neighbor who works in law enforcement to arrange to speak to him about the shooting, but phone records indicate that the neighbor actually called him, and Rouer testified that the shooting was never mentioned during the call.^[12] Eventually Dunn returned home, where he was soon arrested, his license plate having been reported to police by an eyewitness.^[13][14]

Davis' family civil attorney, John Phillips said, a silencer was found in Dunn's trunk. He refuted Dunn's claims (outside the courtroom) that Davis had been holding up a shotgun, by stating, "if it had been a long shotgun, it probably would have been in Leland's position to be able to reach where he wanted it to reach."^[15]

Shortly after Davis's death, his parents, Ron Davis and Lucia McBath, filed five civil complaints against Dunn; they were represented by John M. Phillips in a wrongful death lawsuit against Dunn. The case was settled for an undisclosed amount in January 2014. Dunn’s insurance company, Progressive Select Insurance, has been challenging its duty to cover the lawsuit. On December 18, 2013, had requested additional time to explain why the company shouldn't be held responsible. In his criminal trial, Dunn has been declared broke.^[16][17][18]

On February 15, 2014, after more than thirty hours of deliberation, the jury reached a guilty verdict, and Dunn was convicted on the four lesser counts, including three counts of attempted second-degree murder.^[3] Dunn could face up to 75 years in prison, with each attempted murder charge carrying a maximum sentence of 30 years and the firing into a vehicle charge carrying a maximum of 15.^[19] He will be sentenced on March 24, 2014.^[1]

The jury could not reach an agreement on Dunn's first-degree murder charge and a mistrial was called. Florida state attorney Angela Corey stated that her office will seek a retrial for this charge.^[20]

Michael Dunn's former neighbor, Charles Hendrix, said he was not surprised by Dunn's behavior.^[15][21] Hendrix commented on Dunn's behavior, which he described as arrogant and controlling, adding that Dunn's ex-wives told him that Dunn was violent and abusive toward them, although he never personally witnessed this.^[21] Hendrix spoke of a previous discussion where Dunn asked him if he knew anyone who would "take care of" someone who infuriated him in an unrelated incident, and Hendrix interpreted further discussion as Dunn wanting to send a hit on this person.^[15] Hendrix added:

Did I ever hear him say that he wanted to shoot somebody? Not directly. But there were several times where he made comments that I can`t wait for somebody to try something with me when I have my gun. When I heard about this incident with Michael Dunn, I said There you go. I knew it. Sooner or later, he`s going to kill somebody. Michael Dunn got infuriated that somebody would not obey his commands and he lost control. Do I believe that he wanted to kill that young man? No, I don`t believe that. I think he lost control, and once the bullets came out of the barrel of that gun, he couldn`t take it back.^[15]

"I'm in constant contact with Tracy Martin, Trayvon's father, and I text Sabrina [Trayvon's mother] all the time and I just want to let them know, every time I get justice for Jordan, it's going to be justice for Trayvon, for us", Ron Davis said.^[22] Ron Davis said he wanted to confront Michael Dunn in jail about his son's murder.^[23][24]

Rebecca Dunn, Michael Dunn's daughter, defended her father's story, by her statement during an interview, "he is going to protect himself if he sees no other way then [sic] to bring out his gun, then that's what he's going to do."^[25][26] She described Dunn as "a good man. He's not a racist. He's very loving."^[19]

• Crime in Florida

• Arrest and Booking Report of Incident, michaeldunntrial.com; accessed February 23, 2014.