New documents include witness statements in Dunn case

Dunn charged with murder, claims self-defense in death of Jordan Davis

Published On: Apr 02 2013 11:59:12 AM EDT   Updated On: Mar 04 2013 07:10:00 PM EST
Jordan Davis, Michael Dunn
JACKSONVILLE, Fla. -

New documents and audio released Tuesday by the state attorney's office provide more insight into what happened the night investigators say Michael Dunn shot and killed Jordan Davis in a dispute over loud music.

Dunn is charged with murder in the shooting death of the 17-year-old outside a Gate gas station on the Southside in November.

Witness statements from those who were in the SUV in which Davis was killed and from Dunn's girlfriend, who was in the store and talked to Dunn as they were driving off, are included in the nearly 150 pages of documents.

Jordan Davis Davis (pictured, right) and his friends were in a red SUV parked at the Gate station when Dunn and his girlfriend pulled into the parking lot and parked beside them, according to the documents. Dunn's girlfriend went into the store to buy wine, according to the documents. Dunn asked the teens to turn the music down, and he made a comment to his girlfriend about how he hated "thug music," according to the documents.

Dunn's girlfriend said that type of comment was common for him, but she said it was totally out of character to confront someone over loud music, according to the documents.

According to the documents, one of the teens in the SUV turned the music down, but Davis told him to turn it back up. Davis was cursing at Dunn and said, "I am tied of people telling me what to do," according to the documents.

DOCUMENT: Discovery materials in Dunn case
AUDIO: Recording near cashier register captures dialogue
(Warning: Contains graphic language)
DOCUMENT: Order denying Dunn bond
DOCUMENT: Affidavit, deposition in Michael Dunn case
AUDIO: 911 calls in Jordan Davis case
IMAGES: Crime scene, evidence photos

One witness heard Dunn say, "You talking to me?" according to the documents, He said Dunn then got his gun from the glove compartment, loaded it and started shooting while sitting in his car, according to the documents. He opened the door, got out, crouched down and kept firing, according to the documents.

Dunn's girlfriend heard the gunfire in the store, went out and yelled, "Michael, what have you done?" according to the evidence materials.

Inside the store, those at the cash register also heard the gunfire.

"Somebody is shooting. Somebody is shooting out of their car. I swear to God. He is shooting. Right here in front of us," one witness said in surveillance audio from the cashier counter.

"The cops are right across the street," another said.

Dunn's girlfriend got in the passenger side of the car, and Dunn drove off to the hotel where they were staying, according to the documents. Witnesses who were in the store got the license plate number for Dunn's car.

Later on, according to the documents, when questioned by police, the girlfriend said during that conversation minutes after the shooting that Dunn never mentioned he thought someone in the SUV had a gun, just that he thought they were getting out of the SUV. He told her he was scared because people were making threats, according to the documents.

The teens in the SUV told police Davis had nothing in his hands.

When police questioned Dunn on the phone at his home in Brevard County before he turned himself in, they said he told them he knew what they were calling about. "I acted in self-defense. The guys were getting out of the truck," Dunn said, according to the documents.

When told he need to go to the nearest Brevard County Sheriff's Office, Dunn said, "This sucks."

Dunn, 46, was denied bond last week and will remain in jail until his trial.

Davis family attorney, John Phillips, spoke out Tuesday about the latest documents released about the night Davis was killed by Michael Dunn.

Phillips told Channel 4 that he's learned a lot about accused killer, Michael Dunn.

"Jordan having the only window down, music came from that. Michael Dunn pulled up, his fiancé got out," said Phillips. "Heard gunshots, came out of the car, Michael Dunn said get the *** over here, get back in the car after he fired 9 or 10 shots at the boys."

In reports from the night Davis was shot and killed, witnesses told police they could hear Dunn say, "Are you talking to me?" then they said, Jordan Davis began cursing at Dunn.

After that, witnesses told police they "saw Dunn pull out a gun from somewhere on his right side and start shooting at him." The report goes on to say that Dunn told his girlfriend to get in their car, they drove off and police didn't track him down until a couple days later when they called Dunn in South Florida.

"He answered the phone and then he acted like it was total inconvenience to him they were calling, oh by the way, it was self defense, I know why you're calling, are you kidding?" said Phillips.

Richard Kuritz, Defense Attorney and former prosecutor in Jacksonville said the witness reports could impact Dunn's chances if prosecutors can convince the jury that Dunn appeared callous or uncaring.

"Jury is going to look at that and if you seem callous it turns off a jury," said Kuritz. "Once you turn off a jury odds of success diminish greatly."

Channel 4 reached out to Michael Dunn's attorney Tuesday night, but Corey Strolla did not return our calls for comment. Richard Kuritz wasn't surprised to hear that Strolla never returned the calls.

"Defense Attorney's doing the right thing," said Kuritz. "You have ethical obligation not to talk about facts of case. So he's doing the right thing. Victim's family attorney, whether they're trying to taint the jury or pool, I've never been a fan of that, but they're entitled to do that and they're doing that."