Dunn trial analysis: Legal expert disappointed at first degree conviction

Rubin believes the facts that were presented on the stand show a clear case of second degree murder. The difference between first and second degree centers on premeditation.

“The jury had to believe that Dunn intended to kill Jordan Davis,” Rubin says.

Dunn was convicted Wednesday of first degree murder for shooting in to a car with four teens inside following an argument on loud music. Dunn claims he thought 17-year-old Jordan Davis was armed and he heard him threatening Dunn, so he fired in self-defense. Dunn was convicted in February of three counts of attempted second degree murder relating to the other teens who were in the car with Davis, but that jury hung on the charge relating to Dunn. His retrial lasted just about a week and a half, including jury selection.

Aside from concerns about Dunn being overcharged, the other big takeaway from the trial for Rubin is a statement on self-defense. He says Dunn has every right to pursue self-defense, although the jury did not believe that when they interpreted the information they were shown.

“You’re not going to get a free pass because you use it [self-defense] and you have a story that goes with it,” Rubin says.

He says while society’s feelings toward self-defense often change, this verdict does send a message.

“You need to be really careful and really clear that you’re going to be in the right when you draw your weapon and you are prepared to use it,” he says.

Because jurors are not required to speak to the media, we may not ever get a clear picture of what influenced the ultimate decision jurors made. Rubin believes that, while race wasn’t made an issue during the trial, it may have had an impact in why Dunn was charged with first degree and the conviction he was ultimately given.

Dunn’s tentative sentencing is set for October 17. Unless he appeals and is successful, he will face the rest of his life in prison.