UPDATE, 6:54 p.m.: Verdict has been reached in Michael Dunn trial.
UPDATE: Just before 6:30 p.m. the jury asked another question of Judge Russell Healey:
If we are unable to agree, is the count mistried or is the entire case mistried?
Judge Healey said only the single count is mistried, not the entire case.
JACKSONVILLE, Fla. – The jury deciding 47-year-old Michael Dunn's fate has deadlocked on the murder charge against him.
After deliberating for almost 30 hours, the group of 12 told Judge Russell Healey they were unable to reach a unanimous decision on charge of murder in the first degree, or the lesser included charge of second degree murder for killing 17-year-old Jordan Davis
Jurors told Healey they have reached a decision on the three attempted murder charges for the shots fired into the red Dodge Durango, carrying teenagers Tommie Stornes, Leland Brunson and Tevin Thompson. They have also reached a conclusion on one count of shooting/throwing deadly missiles for shooting in the red Dodge Durango carrying the teens. They have not yet announced either of those outcomes.
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? First Coast News
Judge Healey sent the jurors back with instructions, known as an Allen charge, to each present the weakest point of their argument. If after that they are still unable to reach a unanimous decision, Healey told them he would declare a mistrial.
If Dunn is convicted on the attempted murder charges, he could still be facing significant prison time. Each carries a penalty of up to 20 years, which if not served concurrently would amount to an effective life sentence. The deadly missile charge carries a maximum penalty of 15 years.
But the lack of a murder conviction in the death of Jordan Davis will likely cause some consternation, and further elevate the case's national profile. The family of Jordan Davis left courtroom 406 after the announcement looking very somber, some in tears. Jordan Davis would have turned 19 tomorrow, and as of Saturday afternoon they were planning a birthday celebration at the Landing.
And throughout the week, protests have occupied the steps of the downtown courthouse, with calls for "Justice for Jordan."
The jury consisted of seven women and five men and has been sequestered since last Thursday. They began deliberating at 5 p.m. Wednesday.
Jury in the Michael Dunn murder trial says it has returned a verdict on four out of five counts.
The jury instructions are from the
, which Healey read to the jurors:
4.1 JURY DEADLOCK
I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case.
We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be.
There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them up for you now. That should be my problem, not yours.
If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.
I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weakness of your own position. You should not interrupt each other or comment on each other's views until each of you has had a chance to talk. After you have done that, if you simply cannot reach a verdict,
then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation for your services.
You may now retire to continue with your deliberations.