Expert: Michael Dunn must convince jury he was threatened

17-year-old Jordan Davis was shot, killed after exchanging words with Dunn

JACKSONVILLE, Fla. – A fourth day of testimony in the retrial of Michael Dunn on a first-degree murder charge began Monday morning with a forensic investigator testifying for the state, followed by the pathologist who conducted the autopsy on 17-year Jordan Davis. The prosecution is expected to rest late morning, then the defense will begin its case.

Dr. Stacey Simons, the medical examiner who performed the autopsy on Davis, testified and demonstrated for the jury how she believes Davis was ducking to try to protect himself from the gunshots, given the bullet wounds in his body (see image below).

Dunn is expected to testify in his defense, as he did during the February trial that ended in Dunn's conviction on three counts of firing into an occupied vehicle and three counts of attempted murder, but that jury deadlocked on the murder charge in Davis' death.

Dr. Stacey Simons, the medical examiner who performed the autopsy on Jordan Davis, demonstrates how she believes Davis was ducking to try to protect himself from the gunshots, given the bullet wounds in his body.

Attorney Randy Reep, who is not affiliated with the case, said he believes the defense case will be short and he thinks Dunn has to take the stand in order convince the jury he was fighting for his life the November 2012 night he fired 10 shots at an SUV of teenagers after exchanging words over loud rap music the boys were playing. 

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Dunn has claimed that he saw Davis with what he thought was a gun. Police found no gun in the SUV or at the scene, although crime-scene detectives admitted during Saturday testimony they didn't conduct a thorough search of the property and trash bins in the area until four days after the shooting when they learned that Dunn was claiming self-defense.

Reep said Dunn really has two things to accomplish when he gets on the stand: articulate his reasonable fear of Davis and explain why he didn't call police immediately following the incident.

"You just took someone's life, where do you go? You drive to the police and say, 'Hey, I almost died. There's some bad dudes. They left by the way.' If he thought those people were out doing nefarious things, trying to shoot people, three of them got away," Reep said.

Dunn's ex-fiancé, Rhonda Rouer, testified Saturday that shortly after the incident, where Dunn fired 10 shots in the parking lot of a Southside Gate gas station on Baymeadows and Southside Boulevard, he hastily drove them back to the hotel where they were staying, ordered pizza, walked the dog, drank a rum and coke and then went to bed. Rouer told the jury they didn't talk about anything that night.

"He didn't tell his fiancée about it till a great deal of time? That speaks very much to his consciousness of his guilt," Reep said.

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Another thing the prosecution said Dunn didn't divulge for a long time, even during his first trial, was that Davis had a shotgun. Dunn said that's what prompted him to fire his gun. No weapon was found in or around the red SUV Davis was riding in. Reep said that the evidence is compelling and will be difficult to reconcile for the jury.

"He has to be able to articulate a reasonable fear of imminent death or great bodily harm meaning, 'I was in a fight for my life, which is why I killed this guy,'" Reep said. "At the same time, he has to seem remorseful because people need to remember, those 60 years that we talk about are a minimum mandatory statutory sentence. He could do life in prison on any one of those charges that he's already been convicted of."

News4Jax also spoke with Reep about juror No. 4, who was excused for a remark he made about State Attorney Angela Corey to a former writer for Folio Weekly. Reep said having a juror excused happens more often than you might think. He said it proves Judge Russell Healey is doing a fantastic job at protecting the jury system.

Anyone interested in attending the proceedings may obtain an application for general public seating at the trial by visiting michaeldunntrial.com. A lottery-style drawing will be held each afternoon for the next day's proceedings. Those selected will be notified by phone.

Completed applications must be turned in no later than 4:30 p.m. the day before the requested date to attend the trial. The location to turn in applications or obtain a blank application is the Prime Osborn Convention Center at 1000 Water St. Use the north entrance on Bay Street.