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Thread: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial[W:336]

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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Excon View Post
    D'oh!

    Because what we are discussing has nothing to do with those charges.

    The burden was on Dunn to make a showing to generate the instruction. That is all.

    It was a desperate move and it failed. There was zero evidence supported that there was a weapon with the teenagers.

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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Del Zeppnile View Post
    It was a desperate move and it failed. There was zero evidence supported that there was a weapon with the teenagers.
    You are not making any sense here.
    And you are wrong again.
    There is evidence that there was a gun.
    His testimony is evidence. And that is supported by circumstantial evidence that they tried to stash it.
    “The law is reason, free from passion.”
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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Excon View Post
    You are not making any sense here.
    And you are wrong again.
    There is evidence that there was a gun.
    His testimony is evidence. And that is supported by circumstantial evidence that they tried to stash it.
    It is evidence that was given zero weight by the jury. Are you not aware of how this process works? The jury weighs the evidence and they gave no weight to that assertion by Dunn.

    A defendant could take the stand and blame the killing on space aliens. Yes, that testimony would be "evidence", but evidence not worth the price of the Mrs O'Malley's cow's crap.

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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Excon View Post
    Oy vey. His life was verbally threatened, that threat was then coupled with action making the threat to appear to be actual, the barrel on the window, then with his stating that it was "going down now" as he got out to carry through with the threat. That, to anybody, would appear to be a real threat. Under such circumstance the only one being an asshole and at fault for what happened, was Davis, not Dunn. Now, you do not have to believe that happened. But the prosecutor does have to prove it didn't. And she failed at doing so.
    Oy vey, the defendant CLAIMS his life was threatened- you seem to think that defendants don't lie to escape punishment.

    There are no witnesses to back the claim of a threat, there are those who contradict it. Forensics doesn't back up the 'getting out' claim Dunn makes about the teens. Dunn was seen drinking prior to the event, fled the scene of a self defense shooting- who does that???!!!

    The defense didn't claim SYG, a hearing for that was never requested by the defense. If a judge had heard the SYG defense and had agreed then there would have been no trial. THAT is how SYG works.

    It comes down to was it traditional self defense and Dunn being overcharged with Murder 1.

    And to be clear Dunn was NOT found not guilty of Murder 1, the jury deadlocked- far cry from the jury believing Dunn was facing a credible threat and was acting in self defense.

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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Del Zeppnile View Post
    It is evidence that was given zero weight by the jury. Are you not aware of how this process works? The jury weighs the evidence and they gave no weight to that assertion by Dunn.
    Clearly you do not have a clue as they did not return a verdict on the murder charge.
    What he testified to, which was evidence, was considered and obviously was given weight.
    “The law is reason, free from passion.”
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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Excon View Post
    Clearly you do not have a clue as they did not return a verdict on the murder charge.
    What he testified to, which was evidence, was considered and obviously was given weight.
    You don't know that to be a fact. Unless you have some interview by the jury that this was the reason for the hung verdict on the first degree murder charge, why are you claiming that? It would appear that the a few people on the jury were not convinced that Dunn was intent on killing, but I find it bizarre that the conceded that shooting 10 rounds into a vehicle could be attempted murder, but when one was killed was not murder.

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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by notquiteright View Post
    Oy vey, the defendant CLAIMS his life was threatened- you seem to think that defendants don't lie to escape punishment.
    You seem to think everybody lies to get out of being found guilty rather than speaking the truth. And that just doesn't sit well with the actual plea stats. No, most do not lie. Not even close to being a large number statistically speaking.

    And our standards are innocent until proven guilty.
    You have no evidence to suggest he is lying to even make the assertion in the first place.


    Quote Originally Posted by notquiteright View Post
    There are no witnesses to back the claim of a threat,
    Doesn't need to be. The prosecution has to disprove his claim.


    Quote Originally Posted by notquiteright View Post
    there are those who contradict it.
    There was no reliable or viable witness who did so.
    The prosecution presented the Davis's friends. And those are not reliable viable witnesses.
    Especially the driver with the felonies who was violating his curfew. Birds of a feather tent to flock together.
    There is more than enough reason to suspect their accounts.
    Their incredibility casts no doubt on Dunn's account.


    Quote Originally Posted by notquiteright View Post
    Forensics doesn't back up the 'getting out' claim Dunn makes about the teens.
    Actually as pointed out in trial, it does.
    But because the Doctor was not given that account, and actually told otherwise, her conclusions where formed around that which she was given. Garbage in, garbage out.


    Quote Originally Posted by notquiteright View Post
    Dunn was seen drinking prior to the event,
    Matters not. No evidence suggests he was inebriated.
    None.


    Quote Originally Posted by notquiteright View Post
    fled the scene of a self defense shooting- who does that???!!!
    Anybody in fear would.
    And as it wasn't a requirement that he stay, or contact the police, so really isn't something you can hold against him.


    Quote Originally Posted by notquiteright View Post
    The defense didn't claim SYG, a hearing for that was never requested by the defense. If a judge had heard the SYG defense and had agreed then there would have been no trial. THAT is how SYG works.
    First of all. Self defense is part and parcel of the law as the immunity hearing is.
    The decision not to have one before trial matters not.
    He can still have one.


    Quote Originally Posted by notquiteright View Post
    It comes down to was it traditional self defense and Dunn being overcharged with Murder 1.
    The traditional self defense you speak of is part and parcel of SYG and the immunity hearing read the law.
    And in this case, the jury was asked to consider it in reaching a decision.
    As for your stating it was an overcharge. Yes it clearly was, yet the Jury was unable to return a verdict on lesser included offenses.


    Quote Originally Posted by notquiteright View Post
    And to be clear Dunn was NOT found not guilty of Murder 1, the jury deadlocked- far cry from the jury believing Dunn was facing a credible threat and was acting in self defense.
    To be clear nobody thinks he was found not guilty, so why you are speaking the obvious is unknown.
    Nor is it an indication of one way or another.
    For all we know, one or more believed he was acting in self defense and refused to go along with others wanting some sort of guilt finding.
    Or, for all we know, it was one or more that wanted to find guilt when the others didn't.

    For that information we have to wait until we hear from a juror.
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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Del Zeppnile View Post
    You don't know that to be a fact. Unless you have some interview by the jury that this was the reason for the hung verdict on the first degree murder charge, why are you claiming that? It would appear that the a few people on the jury were not convinced that Dunn was intent on killing, but I find it bizarre that the conceded that shooting 10 rounds into a vehicle could be attempted murder, but when one was killed was not murder.

    Yeah I pretty much do know that the jury coincided all the evidence and gave it weight they believed it deserved.
    I also know that they did not return a verdict on the charge, or on any of it's lesser included offenses.
    And some possibilities of why were previously mentioned, not just in the above.

    As for what you say now about not finding "because", but returning the verdict they did, etc...
    You are not considering that they had to make separate determinations in regards to those, separate from the murder charge.
    So again. Those individuals (Davis's friends) did not do anything to invoke a deadly response from Dunn like Davis did. As such, by the evidence, the jury really had no choice but to find the way they did on those charges.
    Last edited by Excon; 02-17-14 at 05:33 AM.
    “The law is reason, free from passion.”
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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by notquiteright View Post
    Oy vey, the defendant CLAIMS his life was threatened- you seem to think that defendants don't lie to escape punishment.

    There are no witnesses to back the claim of a threat, there are those who contradict it. Forensics doesn't back up the 'getting out' claim Dunn makes about the teens. Dunn was seen drinking prior to the event, fled the scene of a self defense shooting- who does that???!!!

    The defense didn't claim SYG, a hearing for that was never requested by the defense. If a judge had heard the SYG defense and had agreed then there would have been no trial. THAT is how SYG works.

    It comes down to was it traditional self defense and Dunn being overcharged with Murder 1.

    And to be clear Dunn was NOT found not guilty of Murder 1, the jury deadlocked- far cry from the jury believing Dunn was facing a credible threat and was acting in self defense.
    100% correct, there was factually no verdict and the charges are still present meaning he factually didnt walk.


    THeres no facts or corroborating evidence that there was any threats or it was self defence. Theres no facts or corroborating evidence that there was a gun. Dunn was proven to be a liar on the stand and his credibility was shot. He's a thug and will probably, hopefully, die in prison.
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    Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial

    Quote Originally Posted by Excon View Post
    Not exactly.
    He shot in self defense, so shouldn't have been convicted of anything.



    Self defense against what?

    Loud music?

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