CNN Falsely Claims Stand Your Ground Played No Role In Trial For Jordan Davis' Killer

Blog ››› ››› MATT GERTZ

CNN falsely reported that Florida's "Stand Your Ground" self-defense law played no role in the trial of Michael Dunn for the killing of Jordan Davis, a black teenager.

While visiting a Jacksonville gas station in November 2012, Dunn fired ten shots into an SUV full of black teenagers after they refused to turn down the volume of their music. The shots killed Davis, who was unarmed. Dunn subsequently claimed that Davis threatened him, drawing comparisons to George Zimmerman's killing of Trayvon Martin and reviving media attention on the role of Florida's "Stand Your Ground" law, which was drafted with the help of the National Rifle Association and allows a person who believes his life or safety is in danger to use deadly force in self-defense without being required to retreat in some circumstances.

On February 15, Dunn was found guilty on four charges, including three for attempted second-degree murder on the other teens in the car, but the jury could not come to a decision on the first-degree murder charge tied to Davis' death. In their article on the verdict, CNN inaccurately reported that "stand your ground wasn't used by Dunn":

The incomplete finale to this emotional, hot-button trial -- partly because of the fact Dunn is white and the teenagers who were shot at, including Davis, are black -- echoed George Zimmerman's trial for the killing of 17-year-old Trayvon Martin about 120 miles down the road in Sanford, Florida. While stand your ground wasn't used by Dunn, his lawyers did argue that he fired in self-defense.

In fact, "Stand Your Ground" is embedded in the Florida statute dealing with the "use of deadly force" in self-defense, and was specifically cited by Dunn's lawyer and noted in the judge's instructions to the jury.  During closing arguments, Dunn's lawyer Cory Strolla explained, "His honor will further tell you that if Michael Dunn was not engaged in an unlawful activity and was attacked in a public place where he had a legal right to be, a public parking lot asking for a common courtesy, saying thank you, trying to tell the guy I said thank you. He had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force." Strolla later added of the law, "It's not because I wrote it. It's not cause I like it. We're not here to change it and we're not here to fight it. We're here to apply it."

CNN previously reported that "Stand Your Ground" played no role in the Zimmerman trial, even though the jury instructions in the case specifically mention that "If George Zimmerman was not engaged in an unlawful activity and was attacked in anyplace where he had a right to be, he had no duty to retreat and had the right to stand his ground" and use deadly force. A Zimmerman juror subsequently told CNN that they had found Zimmerman not guilty because Zimmerman had "a right to defend himself" by killing Martin under "Stand Your Ground."

Posted In
Justice & Civil Liberties, Guns
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