Affidavit: Dunn says he saw shotgun barrel or stick

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

JACKSONVILLE, Fla. - An affidavit released Wednesday from the state attorney's office shows some of what a Jacksonville Sheriff's Office detective found through his investigation into the killing of Jordan Davis and arrest of Michael Dunn on a murder charge.

This latest information comes a day after Dunn's lawyer asked for his client to be let out on bond until the trial.

The affidavit is from a deposition with Marc Musser, the lead detective in the case. In it, he says that Dunn admitted to shooting into the red Dodge Durango that Davis and his friends were in that November night after an argument over the teens' loud music outside a Gate gas station.

The detective says in the affidavit, "Michael Dunn stated he shot because he was in fear for his life. He stated he saw the barrel of a shotgun as Jordan Davis started to exit the red Dodge Durango. However, when advised no weapon was located in the red Dodge Durango he stated he saw either a barrel or a stick."

DOCUMENT: Affidavit, deposition in Michael Dunn case
AUDIO: 911 calls in Jordan Davis case
IMAGES: Crime scene, evidence photos

The detective also says a witness told him he "heard the white male say, 'You are not going to talk to me like that,'" before firing at least nine shots into the passenger side of the SUV from a squatting position. According to the affidavit, the SUV was trying to leave the parking lot when Dunn began firing.

According to the affidavit, two witnesses said two of the occupants of the SUV drove about 400 feet away from the original position and got out of the vehicle after the shooting.

The witnesses said they thought the people in the SUV had done the shooting and were trying to "stash" evidence, but later told police they never saw either person in possession of a weapon or take anything out of the SUV.

The teen driver of the SUV then drove the vehicle back to the gas station parking lot about 90 seconds later, where it remained until police arrived, according to the affidavit. Dunn and his fiance had driven off, according to the affidavit.

"He left the scene only because he was afraid they were going to come back and either retaliate and shoot him or come back with other people," Dunn's attorney, Cory Strolla, said.

The other three teens in the SUV told police there was no weapon in the vehicle, and Davis had nothing in his hands when he started arguing with Dunn, according to the affidavit.

"We don't have to prove there's a gun in the car. That's been the misnomer from day one," Strolla, said. "All we have to prove is that Mr. Dunn had reasonable fear that he was going to be imminently in danger of his life or great bodily harm and that he only shot in self-defense. And that's justifiable use of force."

Dunn remains in the Duval County jail without bond, and is due back in court April 9, when a judge will reveal her decision on whether to grant him bail.

Davis' family has said their son was not armed the night of his killing and was merely an innocent victim.

Attorney John Phillips, who's representing Davis' family in a civil suit, believes the evidence from the affidavit proves that Dunn was not acting in self-defense and is guilty of what he's charged.

"Absolutely, no question. That's all you need to say," Phillips said. "It's Michael Dunn, and there's statements in there that he basically told the boys that you're not going to talk to me like this. And you know, that says it all. This was a man that got angry and for whatever reason resorted to gun violence."

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