by: Russell Colburn Updated:
JACKSONVILLE, Fla. - A new trial to decide the fate of Michael Dunn is underway in Duval County. Day 2 of the retrial featured testimony from Jordan Davis' friends who were in the red Dodge Durango with him the night he was shot.
Dunn is accused of shooting and killing Jordan Davis over loud music at the Gate gas station at Southside Boulevard and Baymeadows Road on Nov. 23, 2012.
The state Friday began by calling Shawn Atkins, who took down Dunn's license plate number as it fled the Gate gas station. Atkins is currently incarcerated and State Attorney Angela Corey made it clear in her questioning that Atkins is not getting any preferential treatment for his testimony.
Next, the state brought Tevin Thompson, a good friend of Davis' who was in the red Dodge Durango the night of the shooting. Thompson recalled to the prosecution that he turned down the music after Dunn asked. Thompson then recalled what Davis said after that: "F*** that n*****. Turn the music back up."
The defense wanted to impeach Thompson due to differences in his testimony from the last trial to this time, but cross-examination of Thompson continued after the morning break.
Another passenger who was also in the Durango the night of the shooting testified next, Leland Brunson. During the state's initial examination, Brunson talked about how Davis collapsed into his lap after the shooting and said he covered his friend as driver Tommie Stornes fled to the plaza adjacent to the Gate gas station.
"When I realized there was blood on my hands, I realized we needed to go back and get help," Brunson said.
While Thompson could not recall what Davis said after Davis said to turn the music back up, Brunson confirmed on cross-examination that Davis was angry and said he was tired of people telling him what to do.
After a lunch break, Tommie Stornes, the driver of the red Durango, took the stand. Like Brunson and Thompson before him, Stornes said everyone, including Davis, had a "calm and happy" demeanor before the shooting. Dunn's attorney Waffa Hanania questioned Stornes about a tripod that was in his vehicle at the time of the shooting. Stornes said it was under the back seat where Davis was sitting and it never left that spot.
Alyssa LeBlanc and Christopher LeBlanc, siblings who were eating at The Loop restaurant the night of the shooting, took the stand next. Also dining with them were Alyssa LeBlanc's roommate and Christopher LeBlanc's son, who was 2 at the time. Alyssa LeBlanc recalled hearing the gunshots while in the parking lot and then saw the Durango pull into the parking lot quickly and said she heard tires squealing.
Christopher LeBlanc took the stand next and his 911 was played for the court. He could be heard on the call saying that he saw two black males get out of the SUV after shots were heard by he and his sister.
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Two Jacksonville Sheriff's Office detectives, William Whittlesey and Andrew Kipple, testified about what they recalled about processing evidence. Whittlesey said homicide detectives brought to his attention a few days after the shooting a bullet fragment in the SUV that was missed.
During Kipple's testimony, jurors were shown a photograph of Davis' wallet and a bullet fragment next to it.
So far, Dunn's defense has tried to paint the picture that he had no choice but to pull the trigger with Davis acting aggressively. A gun was never found in the teen's SUV, so the state calls it murder, and is working to prove that after day one of testimony.
Already convicted of attempted murder, Dunn watched on Thursday intently, hearing opening statements from his own attorney and the prosecutor looking to put him away.
Prosecutor John Guy contended Dunn fired the shots with intent to kill that night in November 2012 when Davis and Dunn got into an argument involving loud music at a local gas station. Guy said even after the shots were fired, Dunn left Davis helpless and didn't call 911. Hanania fired back saying Davis was the aggressor and Dunn feared for his life.
Day 3 of testimony will begin Saturday at 9 a.m. Watch continuing live gavel-to-gavel coverage on ActionNewsJax.com.
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