JACKSONVILLE, Fla. — The state called two more witnesses in the Michael Dunn retrial and rested its case Monday afternoon.
The state called 27 witnesses in the trial, including the young men in the SUV with Jordan Davis and Dunn's then-fiancée Rhonda Rouer, who was also there.
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On Monday morning, the state began by calling Wendy Meacham, an investigator with the Office of the Medical Examiner. Meacham testified that $1.25 in currency, a bracelet, earrings, a cellphone, a knife and a watch were items removed from Davis' clothing.
Next on the stand Monday was Dr. Stacey Simons, who worked in the Medical Examiner's Office at the time of Davis' death.
Simons testified that the cause of Davis' death was multiple gunshot wounds and the manner of his death was a homicide. During Simons' testimony, several photos Davis' body were shown to the jury. Beforehand, the judge cautioned the court that if individuals felt they could not view these photos without outburst, they should leave the courtroom. Davis' father Ron remained in the courtroom while Davis' mother Lucia McBath left the courtroom.
Simons also showed the jury where on Davis' clothing that emergency personnel cut the clothing to perform lifesaving measures, and where on the clothing that gunshots passed through. Later, Simons demonstrated on "Bendy," an anatomical figure, the position that Davis was in when he was shot. Simons testified that, in her medical opinion, she did not believe Davis was outside, or leaning outside of the vehicle when he was shot.
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After Simons' testimony wrapped up at around 12:40 p.m., court took a lunch break. Before jurors were brought back into the courtroom after the lunch break, the defense presented diagrams showing the Durango parked next to Dunn's vehicle, a Volkswagen Jetta.
The state questioned the accuracy of the diagrams, which showed the Jetta at a slight angle and too much room between the vehicles. Fourth Judicial Circuit Judge Russell Healey ultimately did not allow the diagrams to be used, but said he would allow the testimony from the expert witness.
Just after 2 p.m., forensic consultant Michael Knox took the stand as the first witness for the defense. During an attorney sidebar, defense attorney Waffa Hanania told Healey she had given Knox transcripts of Dunn's previous trial for his own knowledge. Healey told Knox not to mention anything from the previous trial while testifying.
During his testimony, Knox brought forth his opinion that Davis' window, the rear passenger window, was rolled at least partially down. After Knox took the stand, four character witnesses testified for the defense. Randy and Beverly Berry, who lived in Aero Acres in Fort Pierce with Dunn's parents. The Berrys said they would often see Dunn socially for breakfasts on the weekends and through flying-related events.
Following the Berrys was Frank Thompson, who also lived in Aero Acres and saw Dunn socially and in a pilot capacity. The Berrys and Thompson said Dunn was a nice, calm person. During her cross-examination of these witnesses, State Attorney Angela Corey suggested that these witnesses did not know Dunn in a capacity outside of his parents' community.
The last witness to take the stand for the defense on Monday was Phyllis Austin, the ex-wife of Michael Dunn and the mother of Christopher Dunn. Austin testified to Dunn's behavior at his son Christopher's wedding, saying he was in control of his actions.
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Controversy began before anyone even took the stand in day three of the first-degree murder retrial on Saturday. Juror number four was dismissed for negative remarks about Corey. The derogatory comments came in a Folio Weekly interview with an excused potential juror.
"It just took some time to get through that. I apologize," said Healey on Saturday.
It's possible Dunn could take the stand in his own defense. He did that in the first trial, claiming the shots were fired in self-defense.
Dunn’s attorneys contend 17-year-old Davis was the aggressor, saying the teenagers had a gun in the SUV that night in 2012 at a Southside gas station, but a gun was never recovered from the scene.
The incident started after an argument over loud music. Dunn's then-fiancée testified, saying she heard him say, "I hate that thug music."
Rouer testified the couple went home to Brevard County after the shooting. They didn't call 911, and didn't know Davis had died until the next morning when Dunn was arrested.
Court is expected to resume at 9 a.m. Watch continuing live gavel-to-gavel coverage on ActionNewsJax.com.
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