Jordan Davis Case

One of my friends posted this on Facebook today.

http://www.washingtonpost.com/blogs/she-the-people/wp/2014/02/17/no-justice-for-jordan-davis-more-worry-for-parents-of-black-children/

I found it pretty interesting. I followed the Trayvon Martin case and this one is very similar. A young black teenager is killed in supposed self defense. The court system supposedly commits errors. And the accused walks away.

Of course both cases are more complex than that. In the Martin/Zimmerman case the justice system did commit errors. The police checked Martin’s body for signs of drug use, but conducted no such tests for Zimmerman. The police also let Zimmerman walk free for a month after the killing based only on his own word that it was in self defense. The police most likely did this because Martin was black and Zimmerman was not.

I do believe the correct verdict was reached in the Martin/Zimmerman case. The physical evidence reported clearly shows that Zimmerman was attacked. Zimmerman had several injuries while Martin had one. Zimmerman stated that Martin saw Zimmerman’s gun and that Martin then said, “I’m going to kill you.” If that was true, then stand your ground laws would certainly apply. The incident would not have happened if Zimmerman had not profiled Martin as a troublemaker, but that doesn’t excuse Martin’s decision to attack Zimmerman and threaten to kill him.

The Jordan Davis case suffers from the same problem of racially profiling the deceased. Dunn clearly saw Davis and his friends as “thugs” because of their race.

Let’s talk about the word “thug” for a minute. I haven’t experienced the word’s usage myself that much in my sheltered suburban life, but it is beginning to have the same racial connotations as nigger. When used in an offensive way thug will almost always mean a young black man who is making too much noise, carrying a weapon, selling drugs, etc. Any crime in a neighborhood will be explained away, “Oh, the thugs did it.” Meaning that the young black men did it.

So when Dunn calls Davis and his friends thugs, he’s already setting himself up as the committer of a hate crime. Davis and his friends were playing loud rap music at a convenience store. Dunn got out of his car and told them to turn it down. A reasonable enough request. They did and he went in to shop. Upon coming out they turned the music back up, presumable thinking he wouldn’t mind as he was leaving. He told them to turn it down again and they refused.

This is where the witness reports conflict. Dunn said that he saw a shotgun stick out the window of Davis’ car. No one else saw that. None of Davis’ friends saw that. Dunn’s wife didn’t see that. No one in the convenience store saw that. No shotgun was found in the car and none of the Davis’ friends owned one that mysteriously went missing. Dunn reacted to the imaginary shotgun by grabbing his pistol from his glovebox and firing on the teens before driving away. Davis was killed and his three friends drove away fearing for their lives. Dunn turned himself into the police soon afterward.

The trial just concluded and Dunn was found guilty of attempted second degree murder for Davis’ three friends. A mistrial was declared on a first degree murder charge for the killing of Davis. In order to deliver a verdict in a murder case, the jury must be unanimous, but they apparently weren’t for the murder of Davis. This isn’t particularly unusual. I imagine that it is very stressful to decide cases of life and death as a juror. The prosecution is appealing the case.

My personal opinion, Dunn is not guilty of first degree murder. He’s guilty of second degree murder. First degree murder is premeditated. Second degree murder is committed in the moment. The state views first degree murder as worse because most people will not choose to kill someone after thinking about it.

Did Dunn think about killing Davis? I seriously doubt that. Additional evidence makes it clear that Dunn hated black people, but he no evidence suggests that he went to that convenience store with the intent of killing someone. He went there to get some wine and chips. I hope the appeal court decides Dunn is guilty of second degree murder as that appears to be the truth to me.

The Davis/Dunn case is a great example of how complicated our justice system can get. More importantly, its an example of how racist my country continues to be.

-Mister Ed

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