"We don't back off trying to retry," State Attorney Angela Corey said after Dunn was found guilty on 4 counts, while the first degree murder charge resulted in mistrial.
JACKSONVILLE, Fla. -- After Michael Dunn was found guilty on four of five counts on Saturday night, State Attorney Angela Corey said she intends to retry Dunn on the outstanding first-degree murder charge.
"We don't back off trying to retry," Corey said.
Dunn faced a first-degree murder charge in the shooting death of 17-year-old Jordan Davis, a charge on which the jury deadlocked.
Corey said she relied on eyewitness testimony and physical evidence in an attempt to prove that Davis never got out of the car.
Corey said the State did not "over charge" when it charged Dunn with first-degree murder. Corey said Dunn's attorney Cory Strolla had the option to file a motion to dismiss.
"I'm not really sure why any criminal defense attorney would ever complain, and chronically complain, about an overcharge when they have that tool available," Corey said. "If any criminal defense attorney thinks a criminal has been overcharged, they can file a motion to dismiss."
Premeditation doesn't rely on a certain length of time, Corey said.
"Ten times out of ten, when someone fires ten shots into a car full of unarmed teenagers, we will file first-degree murder and attempted first-degree murder charges," she said.
Corey credited Assistant State Attorneys John Guy and Erin Wolfson for their work during the case, including opening and closing arguments.
Wolfson said Dunn faces 30 years for each count and within each of those counts, there is a 20-year mandatory sentence. Corey said she would consult the families of the victims before pursuing a retrial.
Dunn's sentencing on the three counts of attempted second degree murder and one count of shooting or throwing deadly missiles is tentatively set for March 24.