Evidence tech testifies in Dunn trial

Published On: Feb 07 2014 06:40:00 PM EST
Updated On: Feb 08 2014 07:01:10 PM EST

AP photo/pool

Michael Dunn, 47, of Brevard County, is charged with first-degree murder, three counts of attempted first-degree murder and one count of shooting into an occupied vehicle.

JACKSONVILLE, Fla. -

The trial of Michael Dunn continued Saturday after jurors elected to hear testimony this weekend.

After the three passengers with Jordan Davis in the red Dodge Durango the night of the shooting took the stand Friday, the first person called to the stand Saturday was the evidence technician who was sent to the scene.

Evidence Technician Andrew Kipple testified that there were nine bullet holes in the Dodge Durango, but none in the front of the car.

He also said that three of the bullet holes were in the door where Jordan Davis was sitting and shell casings spread around the area.

"Enlighten the jury how the fragment, considering it was fired from the general location, ended up on the other side of the other parking space," Dunn's attorney Corey Strolla said. "Could have been kicked, thrown around," Detective Kipple replied.

Dunn has claimed that he saw a gun in the SUV the teens were in before he began shooting.

State Attorney Angela Corey asked Kipple, who examined the car both at the scene and again at the crime scene unit garage, if he saw anything resembling a gun.

"I didn't see any weapons," Det. Kipple said.

Friday, the three teens who were in the car with Davis the night of the shooting, said that Davis never attempted to get out of the car that night at the gas station, claiming the child locks were on.

Defense Attorney Corey Strolla questioned Kipple why the evidence picture he took of the lock was out of focus and spent a good bit of time questioning whether or not Kipple was adequately trained in ballistics and bullet trajectory analysis, also saying that he should have checked adjacent parking lots for a second scene.

Dunn, 47, has pleaded not guilty to murder.  Dunn's attorney, Cory Strolla, told jurors Dunn felt threatened and fired in self-defense. Under Florida law, Dunn had every right not to be a victim, the defense attorney said.

During testimony Friday, Tommy Stornes, who was the driver of the Dodge Durango, front-seat passenger Tevin Thompson and Davis' best friend, Leland Brunson, were all asked specifically if they removed a shotgun or any other weapon from the car in the minutes after the shooting before police arrived.They all answered no.

Thompson said he and his friends were playing loud music in the SUV parked outside the Gate store store when Dunn's sedan pulled into the space next to theirs and a woman got out of his car.

"It was pretty loud," Thompson said. "Jordan's window was a little down. My window was up."

Dunn shouted at them to "turn your music down. I can't hear myself think," Thompson testified.

Thompson said he reached over and turned the volume down, but Davis told him, "F*** that; turn the music back up."

Dunn and Davis started arguing, but Thompson testified he couldn't hear all their words. Thompson said he heard Davis cursing but didn't hear him make any threats.

Stornes, the SUV's driver, returned to the vehicle, and before getting into the driver's seat, he did a little dance to the music, Thompson said. Dunn and Davis continued arguing, and Thompson said he heard Dunn say, "'Are you talking to me?'"

Dunn then reached down to his right side, pulled out a silver pistol and fired into the SUV's door where Davis was, Thompson said.

Stornes backed the car out, and Dunn kept firing, Thompson said.

Stornes drove around to a nearby shopping plaza, and did a roll call. Everyone answered but Davis, who was gasping for air, Thompson said.

After Friday's lunch break Brunson was called to the stand.

Brunson, who said he was Davis' closest friend, told the jury Davis and Dunn began arguing and Dunn asked Davis: "Are you talking to me?"

Brunson said he saw Dunn reach into his glove compartment and retrieve a gun and cock it. He said Dunn fired several times, shooting Davis, whose body fell into his lap.

Defense attorney Cory Strolla asked Brunson how he could hear what was said over the loud music.

"Isn't it true Mr. Davis was the one who was yelling and cursing at him?" Stolla asked.

"Yes," Brunson said.

"And isn't it true that the music was so loud that you couldn't hear everything that was being said?" Strolla asked.

Brunson replied: "Yes."

The third teenager to testify was Stornes, the driver of the SUV.

"Did you take anything out of your car, take a shotgun and put it anywhere?" Guy asked Stornes.

"No," Stornes said. 

Guy continued: "Anything at all out of the car? Did anyone else do that?"

"No, sir," Stornes answered.

The prosecution did not try to hide that Stornes was on probation the night of the shooting and was out past his 7 p.m. curfew, but Strolla questioned him extensively about that. Strolla also asked who Stornes called first after the shooting, and that even though he had known Davis a only short time before he was killed, he called him "his homeboy" in a Facebook post the next morning.

Earlier in the day, three officers and a paramedic who responded to the scene testified. Officers said Davis died almost immediately.

Officers Robert Holmes and Dawn Valentine of the Jacksonville Sheriff's Office said they found Davis slumped against another young man in the backseat of the SUV.

Blood was coming out of Davis' back, Holmes said.

Friday's testimony ended with a brother and sister who heard the gunshots and both called 911.

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