JACKSONVILLE, Fla., Feb. 17 (UPI) -- Florida state District Attorney Angela Corey won't let the mistrial on the "loud music" murder charge against Michael Dunn stand without a challenge.
Dunn, who shot and killed teen Jordan Davis at a Jacksonville gas station in 2012, was convicted Saturday of three counts of attempted murder and one count of shooting a car.
But the jury could not decide whether Dunn, 47, was guilty of premeditated murder in shooting Davis, 17, when he pulled his pistol out of the glovebox of his car, firing 10 shots, and the judge declared a mistrial.
Corey, who was also involved in the unsuccessful murder trial against George Zimmerman in the shooting of Trayvon Martin, vowed to bring the outstanding first-degree murder charge back to court.
"We don't back off trying to retry," Corey said.
Dunn claims Davis got out of the car and threatened to kill him and brandished a shotgun, but no weapon was found, and a medical examiner said Davis was likely in the back seat of his friend's SUV when he was shot three times.
While Dunn's defense team claimed the state overstepped in charging Dunn with premeditated murder, Corey dismissed the notion as misplaced.
"I'm not really sure why any criminal defense attorney would ever complain, and chronically complain, about an overcharge when they have that tool available," she said. "If any criminal defense attorney thinks a criminal has been overcharged, they can file a motion to dismiss."
"Ten times out of ten, when someone fires ten shots into a car full of unarmed teenagers, we will file first-degree murder and attempted first-degree murder charges."
Still, with the four guilty counts, Dunn likely faces decades in prison. For each count of attempted murder, Dunn could face between 20 and 30 years. His sentencing court date has been tentatively set for March 24.
[First Coast News]