General Discussion
In reply to the discussion: Juror in 'Loud Music' Trial Wanted Murder Conviction [View all]TorchTheWitch
(11,065 posts)Though the closing arguments don't specify anything very specific really about what evidence showed that. You really have to watch the whole trial to be able to figure out what various bits of evidence showed that Davis never got out of the car. Dunn gave many different stories about Davis and his getting out of the car, what he said about that on the stand, what he said during his interrogation and what he said in his letters written while in jail which would need to be untangled and figure out what all that means. There was no independent witness that saw the entire encounter, but what each one was able to testify to covered almost all of it.
For me there was many pieces of compelling evidence that proved Davis never got out of the car with the child locks being engaged so he wasn't able to open his own door maybe being the most compelling. Had the driver been in the car at the time that Dunn said that Davis got out of the car it wouldn't be all that compelling since the driver had access to those controls and knew how to use them. But at that time the driver was not yet back in the car. Tevin was in the passenger seat in the front and could have disengaged the child locks so that Davis could get out, but Davis would have needed to ask him to do that, and Dunn says there was nothing said about disengaging the child locks. This would have also been only the first or second time that Tevin had ever been in the car, and I believe him when he said he didn't know how to disengage the child locks (I wouldn't know that either). All the surviving boys testified that as they went from here to there during their evening that any time they wanted to open their doors to get out the driver had to disengage the child locks or even get out of the car himself and go open someone's door from outside the car.
For me it's Dunn's continually changing story about Davis getting out of the car with a gun and at what point he fired the shots according to what Davis was doing (out of the car, partially out of the car, in the process of getting back in the car... Dunn changed his story claiming every scenario). Dunn knows exactly what happened and he wouldn't have multiple stories about what Davis was doing and what position he was in according to the car when he fired the gun... it's the fact that with every new piece of evidence Dunn learned that his story changed to try to accommodate that evidence. It's just impossible for me to understand how anyone can look at all that evidence and not see Dunn as a total liar concerning what he believed, all that he claimed and what actually occurred.
You really just have to watch the whole trial to piece together all the evidence. Every case is like a puzzle, and you have to weigh all the various pieces of evidence on their own and put them together to come up with a picture of the whole incident and what happened.
Whatever Dunn's claims are and how many different stories he has about whether or not Davis ever got out of the car the physical evidence is clear as a bell that Davis was back in the car with the door shut when he was shot. Even if he had gotten out of the car at some point as Dunn claimed he did, the threat left when he got back in the car not having done anything physically threatening to Dunn. Though a person may still be in fear of their life in such a situation (had it been what really happened) the law says that you can't shoot or otherwise retaliate when the threatening person has retreated, and Davis having gotten back into the car without having done anything to Dunn other than verbally, the threat had legally left. I just can't figure out with all the evidence there was both physical and circumstantial how anyone could believe that at any time Davis got out of the car, but it shouldn't matter if he did or not because at the time Dunn fired at him he even said that Davis was getting back into the car or was already back in with the door open meaning that Davis was in retreat.
By the physical evidence alone both Davis's body and the rounds that went through the car door that hit him there is just no question that Davis was seated inside the car facing forward with both feet on the floor in the foot-well with the door shut when he was shot. The ballistics are clear, the plastic bits the bullets blasted out of the interior of the door are clear, and the ME did a great job of explaining how Davis was seated in the car with the door shut when he was hit.
Again, I think you just really have to take the time to watch the trial. Croakerqueen123 has it all on her page on YouTube. Though it would take a lot of time, a lot of stuff you can skip over and still understand all the evidence, what it means and piece it all together. There is just a boat load of various evidence that more than sufficiently proves this or that aspect some by itself but more so when fit together.