Judge sets September date for Michael Dunn retrial

Sentencing on February convictions on hold pending murder case

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Michael Dunn appears in court.

JACKSONVILLE, Fla. - The man accused of killing 17-year-old Jordan Davis during an argument over loud music will face a second murder trial in September, a judge ruled on Monday.

Dunn was convicted in February of attempting to shoot and kill three teenagers in a vehicle with Davis but the jury was unable to reach a conviction on the first-degree murder charge in Davis' death.

WJXT reports Judge Russell Healey said jury selection for the retrial would begin Sept. 22 and continue through the following week until a jury is seated.

Sentencing on the existing convictions was postponed until after the murder retrial.  Healey granted the delay at the request of the defense, which said if Dunn took the stand at his sentencing hearing to address the court or Jordan Davis' family what he says could be used against him in his murder trial.

On Monday said he would not change his mind on the delay.

"While I could do it legally, it concerns me that it could open up other matters on appeal," Healey said in court.

"Michael Dunn going away for the rest of his life is going to happen," said John Phillips, attorney for the Davis family. "Certainly, the (other) boys got their justice, but this is about Michael Dunn not (being) found to be an attempted murderer, but a murderer, and that's what he did that Nov. 23, and that's what they want to be heard."

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