Michael Dunn, the man found guilty on three counts of attempted second-degree murder in the shooting death of a teenager over loud music at a Florida gas station will get a new trial after jurors failed to deliver a first-degree murder verdict, The New York Daily News reported on Monday.
Dunn, 47, will go on trial at the Duval County Courthouse for the second time on Monday when jury selection begins in the death of 17-year-old Jordan Davis, who was shot during an escalated incident at a Jacksonville gas station in November 2012. Dunn is accused of killing the teen while in town for his son's wedding.
Dunn fired at Davis and three of his friends after parking next to their Dodge Durango sport-utility vehicle and getting into an argument over the music. Dunn defends that he was threatened and saw a gun, so he shot Davis in self-defense. Only Davis was hit and killed.
No witnesses could confirm that it Davis seemed to have a gun or not, according to The Florida Times - Union.
Reaction about a second trial was split among other lawyers who have heard cases multiple times, but Jacksonville Attorney Mark Rubin believes the second trial benefited him.
Jurors convicted Dunn of attempted murder in February, but were deadlocked over first-degree murder charges in Jordan's death.
He fired 10 shots at the SUV, nine of which hit the vehicle as it drove off. Only Jordan, from Marietta, Ga., was struck with a bullet. The jury deliberated for 30 hours over the course of four days before coming back with a split decision.
Dunn, who faces the retrial with new lawyers, has asked that the second trial be moved from Jacksonville due to the case's widespread publicity, the Times-Union reported. Corey Strolla, who was hired by Dunn's parents, withdrew from the case after the family's funds dried up following the first trial.