Jurors: If unable to agree on count, is entire case mistried?

JACKSONVILLE, Fla. -- UPDATE, 6:30 p.m.: The jury asked this question of Judge Russell Healey: If we are unable to agree on one count, is the count mistried or is the entire case mistried?

Healey said just the count, not the entire case, is mistried.

UPDATE: The Dunn trial jury has reached verdict on four of the five counts, Judge Healey announced just before 5 p.m.

At this time, the jury has been unable to reach a unanimous verdict on the first-degree murder charge or lesser charges on first-degree murder.

Judge Healey issued an Allen charge, telling jury to continue deliberating. An Allen charge is "an instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict," according to Cornell University Law School.

MORE: Mistrial possible on murder charges in Michael Dunn trial

Previous Story:

Family members, lawyers and the jury made their way into the Duval County Courthouse Saturday morning for Day 4 of jury deliberations in the murder trial of Michael Dunn.

Judge Russell Healey was in court at 9 a.m. sharp to speak to the court and jury deliberations resumed at 9:05 a.m.

Dunn trial jurors were expected to arrive at the courthouse around 8:45 a.m., but were late for unknown reasons. Jurors requested that the large evidence evidence boxes be removed from the jury room and expressed to Judge Healey that they have thoroughly investigated the boxes and would prefer to have more room as they continue deliberations. The evidence boxes will be returned to an evidence locker.

Just after 9:30 a.m. the jury presented Judge Healey additional questions:

  1. Is the defense of self-defense separate for each person and each count?
  2. Are we determining if deadly force is justified against each person in each count?
  3. If we determine deadly force is justified against one person, is it justified for the others?

Judge Healey answered questions one and two with a simple "yes." However question three prompted a discussion between Healey, State Attorney Angela Corey and Dunn's Attorney Cory Strolla. Healey's response to the jury was, No self-defense and justifiable use of deadly force applies separately to each count. After receiving answers from Healey, jurors returned to the jury room to continue deliberations.


After three days of deliberating, jurors in the murder trial of Michael Dunn trial asked to conclude Friday night around 7 p.m. after 10 hours.

Before leaving Friday night jurors asked if they could return a verdict on one of five counts but not another. Healey told them that is possible.

The jury must consider five potential charges: first-degree murder, three counts of attempted first-degree murder and one count of shooting into an occupied vehicle.

Previous questions asked by the jury include wanting to see the surveillance video from the Gate gas station the night Jordan Davis was shot and killed -- that request was granted.

Thursday Judge Healey said no to jurors being able to see the mannequin used by a medical examiner. State prosecutors used the dummy to try and demonstrate how Davis may have been shot. Healey said the evidence demonstrative and not evidence.

The jury also asked for a large piece of paper and for the date Michael Dunn wrote certain letters to his family from jail.

You can watch live coverage of the verdict on firstcoastnews.com and on twitter @FCN2go.


To find out more about Facebook commenting please read the
Conversation Guidelines and FAQs

Leave a Comment