Man Gets New Trial In Murder Of Neighbor On Basketball Court

In November 2012, Trevor Dooley, now 75-years-old, was found guilty of manslaughter and sentenced to 8 years in prison for the September, 2010 murder of a neighbor, 41-years-old David James, on a basketball court – as James’ 8-year-old daughter watched. Dooley was convicted in 2013, and served three years and three months of his sentence in prison.

Dooley’s first appeal was denied, but the Tampa Bay Times reports a second appeal has been granted because of an ineffective appellate lawyer and “erroneous” wording in the jury instructions on the justifiable use of deadly force. In Florida, that’s known as the “stand your ground” law.

Xena is following this case and posted this update on her website at We Hold These Truths To Be Self-Evident

by Xena

(l) Trevor Dooley booking photo (credit: Florida Dept of Corrections); (r)David James (family photo)
(l) Trevor Dooley booking photo (credit: Florida Dept of Corrections); (r)David James (family photo)

When I heard that Trayvon Martin was killed, and that his killer was claiming Florida’s stand your ground defense, that law piqued my interest.  I had not heard of stand your ground and wanted to know of other cases in Florida where the defendant claimed that defense.

Among the cases I found was that of Trevor Dooley.  On January 23, 2013, I wrote an article on the significance of the Dooley decision.  It is a Florida case where the defendant claimed self-defense….

Read full story at We Hold These Truths To Be Self-Evident

 

 

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Lawyers Seek New Trial For Michael Dunn In Jordan Davis Murder

After receiving a fourth extension of time to file initial appeal briefs, attorneys for Michael Dunn finally did so, and asked a panel of three judges at Florida’s 1st District Court of Appeals on June 7 to throw out his conviction in the death of 17-year-old Jordan Davis.

Dunn fatally shot the teenager at a Jacksonville gas station on November, 23, 2012 after a confrontation over loud music coming from a vehicle Davis was sitting in with three friends.

Michael Dunn
Michael Dunn (photo credit: Bruce Lipsky, Florida Times-Union)

Dunn was originally convicted on February 15, 2014 of the attempted murders of Davis’ friends, but a jury deadlocked on whether Dunn was guilty of Davis’ murder. A new jury convicted Dunn of first-degree murder on October 1, 2014.

Dunn is serving a life sentence (with no chance of parole) for the shootings at an undisclosed Florida prison. He was not present at the appeal hearing. It could be weeks or even months before the appeals court issues a ruling. Read the full story at jacksonville.com

 

Man Running Home Naked Is Killed, Shooter Still Not Charged

 

In a case that could have stand your ground implications, a young man running home naked after his clothes were taken died after being shot by a motorist who has never been charged.

Jandei Cherry, 22, a Pembroke Pines, Florida man, had been skinny-dipping on a beach with co-workers after getting off from work at a restaurant, and got into some type of argument with one of them, who took off with his belongings, leaving Cherry to take a ten-mile run home with no clothes on.

Jandei Cherry
Jandei Cherry (facebook/Justice4Jandei)

Cherry was spotted running down a Hollywood, Florida street naked sometime between 5:00 and 6:00 a.m. on October 6th by Duke Laguerre, 29, and a female passenger, who circled back and stopped to ask if he was OK. Police said there is no indication the two men knew each other. There are few details of what happened next, since there were no other witnesses.

But, according to documents obtained by The Sun-Sentinel, Laguerre told police he asked several times if Cherry was OK, and that Cherry grabbed the car window, pulling on it as Laguerre tried to roll the window up.

Laguerre said Cherry then reached into his car and grabbed his shoulder. Laguerre reached into his console, grabbed a Glock 9 mm handgun and fired. shattering the window. Laguerre drove away, called a friend, and then his stepfather, who told him to call 911.

Cherry was shot in the stomach. A passing policeman found him on the ground in the pre-dawn darkness. He was awake and talking but later pronounced dead at a hospital. Laguerre returned to the scene.

His passenger corroborated his story and said she recorded some of the incident on her cellphone. Cherry’s co-worker brought the victim’s clothes, wallet, a skateboard, and other belongings to the restaurant the next day.

Jandei Cherry and daughter
Jandei Cherry and daughter (photo from petition on Change.org)

He leaves behind a 3-year-old daughter and a distressed mother. Now, his family wants answers, and someone held accountable. They wonder why Laguerre has not been arrested. The family has started a facebook page, Justice4Jandei, and a petition on Change.org calling on Florida authorities to charge Laguerre in the case.

UPDATE: This article has been edited to include the words “never been charged” into the first sentence.

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