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Dunn jurors seek white board, video and full instructions

It’s the second day of jury deliberations, with only a few questions coming from jurors so far.

Late Wednesday, jurors requested to see the surveillance video from the Gate gas station the night of the shooting in its entirety, about 20 minutes. The video was submitted in to evidence, but because it is played on proprietary software- and therefore technically complicated to play- the attorneys requested the jurors receive special instruction.

The attorneys and judge met this morning shortly after 9:30 with the intent to decide how to best play the video. They decided it should not be in the open courtroom, because that would prohibit jurors from pausing and discussing the video at will. Instead, they created a set of instructions on how to play it and distributed it to the jury, along with a set of external speakers and an external monitor. Strolla believes it’s a good thing the jury wanted to see the tape.

That being done around 9:40, Judge Russell Healey let jurors resume their deliberations ahead of the scheduled 10 AM start time.

Since then, jurors have filed a few more question- first asking to see the demonstrative body form that was used by the Medical Examiner to explain the trajectory of the bullets which hit Davis and position he was in when they strucks. Generally speaking, these aids are not given to the jury as evidence, however neither the State nor Defense objected initially. Following a short recess the defense lodged an objection out of concern the dowels showing the trajectory could have shifted since the testimony. The Judge agreed the “demonstrative aid” should not be handed over.

The third question was a request for a dry erase board, large paper and easel or some type of writing aid. The fourth was a request for several pages of the jury instructions which were missing from one of the jurors packets. The missing pages were not specific to this case, so a generic copy was quickly located, as was a writing aid.

Just before 5PM another question came, with the jury wanting to know when Exhibit 201, one of the letters written by Dunn, had been written. A check of the testimony given by Dunn placed that in June 2013.

The 12 person panel must unanimously decide whether Dunn was justifiable in his use of deadly force when he shot at a car with four teens inside, killing Jordan Davis. Dunn claims Davis became increasingly angry after Dunn asked them to turn their music down. He says he saw Davis holding a shotgun and heard him make direct and imminent threats on his life.  No gun was ever located and the teens say Davis never made any direct threat.

Dunn is charged with First Degree Murder and three counts of Attempted First Degree Murder. He faces like in prison if convicted. Jurors can also consider the lesser included charges of Second Degree Murder/Attempted Murder and Attempted/Manslaughter by Act.

If there is no verdict by 6:15PM, the jury will call it a day and resume at 9 AM.

I am at the courthouse monitoring as deliberations resume. Stay with WOKV for updates every half hour on 104.5 FM and special anchored coverage when a verdict is reached. You can also get instant updates on Twitter (@NewsAndNom and @WOKVNews).

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