Lawyer seeks delay in loud-music case sentencing
Mar. 04, 2014
JACKSONVILLE, Fla. (AP) — Attorneys are seeking to delay the sentence for a man convicted of attempted murder until after he's tried again for fatally shooting a teenager during an argument over loud music.
Michael Dunn was convicted last month and faces at least 60 years in prison for the attempted murder of three teens — Tevin Thompson, Leland Brunson and Tommie Stornes — who were in a car with Jordan Davis, 17, of Marietta, Ga. Dunn is accused of opening fire on the group as they were parked outside a Jacksonville gas station in 2012. Jurors deadlocked on whether Dunn was guilty of killing Davis, and Dunn is expected to be retired.
The Florida Times-Union (http://bit.ly/1dkFku4 ) reports that attorney Cory Strolla argued in a motion filed last week that it would be unfair to sentence Dunn before disposing of the murder charge. Sentencing is set for the week of March 24.
He said his client can't properly prepare a statement for a pre-sentencing report or testify because it would put him "in a very precarious legal dilemma regarding this 5th Amendment Right against self-incrimination."
Because Dunn won't be able to speak on his own behalf, he risks a more severe sentencing, Strolla said.
The teen's parents, Ron Davis and Lucia McBath, oppose delaying the sentence.
"A jury of 12 found Mr. Dunn guilty, and we hope that decision is treated with the respect it deserves," said John Phillip, an attorney representing Davis' parents.
Information from: The (Jacksonville) Florida Times-Union, http://www.jacksonville.com