Prosecution seeks retrial in loud music killing case - CBS46 News

After hung jury, prosecution vows to seek retrial in loud music killing case

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ATLANTA (CBS46) -

The prosecuting attorney in the Jordan Davis/Michael Dunn murder trial says she plans to seek a new trial after the jury failed to reach a verdict on the charge of first-degree murder against Dunn. The 47-year-old was found guilty on four other counts, including three counts of attempter murder, after 17-year-old Jordan Davis, a Marietta native, was shot to death in November 2012.

The case has become known as the loud music killing trial because of the events that transpired before the shooting. Dunn said he was sitting in his car at a gas station when an SUV carrying four teenagers pulled up next to him, blaring loud music. He asked them to turn it down, leading to a confrontation with the teens. Dunn said he saw a shotgun coming out of the car, pointing at him. That prompted him to reach for his gun and fire upon the SUV.

Atlanta-based trial attorney Jackie Patterson said there's not much use in spending taxpayer money on a new trial, given the prison time Dunn faces by virtue of the three guilty verdicts on attempted murder.

"From a realistic standpoint, he's never going to get out of prison alive," said Patterson. Dunn is likely to serve at least 60 years for the three attempted murder charges.

Still, Prosecutor Angela Corey insists she will move to get a new trial on the murder charge that hung the jury.

"Right now, that's the thing to say, because the verdict just came in," said Patterson. "Once the defendant is sentenced, I think that's going to end everything."

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