General Discussion
In reply to the discussion: Dunn created the confrontation, made it deadly & under FL's insane laws, the prosecution was limited [View all]Fred Sanders
(23,946 posts)Dunn's lawyer, Cory Strolla, did mention it during his closing argument, saying, "His honor will further tell you that if Michael Dunn was in a public place where he had a legal right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force."
As in the Zimmerman case, the jury instruction concerning justifiable homicide mentioned that right, and it is more plausible in this case that it made a difference, since Dunn arguably could have driven away even if, as he claimed, Davis menaced him with a shotgun. (By contrast, Zimmerman's account of the fight that ended in Trayvon Martin's death, which was supported by substantial evidence and seems to have been accepted by the jury, precluded the possibility of retreat, since Zimmerman claimed Martin knocked him to the ground and was on top of him, smacking his head against the concrete.) Then again, even states that impose a duty to retreat make an exception when it cannot be done safely, and driving away from a gunman who has just threatened to kill you (per Dunn's account) would be pretty risky.
http://reason.com/blog/2014/02/16/did-floridas-stand-your-ground-law-hang
You are just WRONG about your point that the SYG either was not "used by the defence", or that it was not a factor.
It simply WAS.