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Judge hears closing arguments in death of Marietta-teen Jordan Davis

By Tom Watkins and Eliott McLaughlin CNN | 2/12/2014, 4:46 p.m.
Jordan Davis, 17-year-old murdered in 2012.

Dunn rolled down his window and asked the youths in the car next to him to turn it down, which they did, but then turned it back up, Wolfson said.

A witness, Steve Smith, has testified he heard Dunn say, "You're not going to talk to me that way."

"This defendant was disrespected by a 17-year-old teenager, and he lost it," Wolfson said.

"He got angry at the fact that a 17-year-old kid decided not to listen to him," she said, adding that Dunn then pulled a 9 mm. gun out of his glove box and shot "systematically and methodically" at the SUV. "Nobody denied that Jordan was talking back. But this defendant took it upon himself to silence Jordan Davis forever."

Dunn testified Tuesday that he saw Davis reach down and pick something up, and that he saw about "4 inches of a barrel" from a 12- or 20-gauge shotgun above the window.

Davis then answered his question, saying, "Yeah, I'm going to f*ing kill you," Dunn recounted, saying he was stunned and "in fear for my life," but that his pistol remained holstered in the glove compartment.

Davis then told him, "You're dead, bitch," Dunn testified, and "I became even more fearful at that point. I thought I was going to be killed."

Then, Davis' door opened, "and this young man gets out and as his head clears the door frame, he said, 'This st's going down now,' " said Dunn, who added that he thought, "He's coming to kill me."

Dunn said aloud to himself, "You're not going to kill me, you son of a bitch," as he opened the glove compartment, grabbed his pistol, dropped the holster at his feet, chambered a round and began firing, he said.

Nine of the 10 rounds hit the car, three of them striking Davis, one of them cutting through his liver, his lung and his aorta.

Though the incident may have occurred quickly, "there's no certain amount of time that's required" for a defendant to form an intent to kill, Wolfson said.

She rejected Dunn's assertion that he had been trying to de-escalate the situation. "Every action he took was a conscious decision that he made to escalate the situation and ultimately kill Jordan Davis," she said.

She also rejected his assertion that he feared for his life.

"He had steady hands when he was shooting at Jordan's door," she said, referring to a picture that showed the SUV passenger door struck by bullets that had hit close together.

Defense lawyer Cory Strolla noted that no witnesses had accused Dunn of using any words of hate and testified that his client had just come from a wedding, where his ex-wife said he had appeared to be in a good mood.

Strolla noted that the SUV departed the gas station after the shooting and was gone for three minutes before it returned, enough time for the youths to have dumped a gun.

Detectives did not search the area for days after the shooting, he said.