Dunn's ex-fiancee testifies; juror dismissed in retrial over criticism of State Attorney Angela Corey

Lead investigator in case testifies about investigation

JACKSONVILLE, Fla. – Rhonda Rouer, Michael Dunn's now-ex-fiancee, took the stand Saturday afternoon in Dunn's murder retrial.

Rouer, emotional as she spoke, said she was with Dunn when they went to his son's wedding in Orange Park the day he shot and killed 17-year-old Jordan Davis. Dunn is claiming self-defense. Rouer said they left the reception early to get back to their hotel room to take care of their dog, Charlie.

After leaving the wedding, they first stopped at the Gate gas station at Southside Boulevard and Baymeadows Road to get a bottle of wine, Rouer said. She said it was her idea.

UNCUT: Rhonda Rouer testifies
SATURDAY'S TESTIMONY: Investigators testify on Day 3 of trial

When they pulled in, Rouer said they heard very loud music coming from a red SUV. She said she couldn't understand the lyrics but knew it was rap music, and she could hear the bass.

Rhonda Rouer, Michael Dunn's now-ex-fiancee, testifies in his murder retrial. She gave emotional testimony, just as she did in the first trial.

She said Dunn told her, "I hate that thug music."

Rouer told him, "Yes, I know."

She said after he parked the car, she gave him a kiss, took cash and went into store. She got a bottle of wine and a bag of chips and went to the cash register. She said she couldn't hear the music from the SUV or anyone arguing.

"I heard a pop, pop, pop," Rouer said.

She said initially she didn't know where it was coming from, then she saw Dunn with his door open. She said it looked like he was still seated, just facing the other way.

Rouer said she went to the front door of the store, and Dunn said, "Get in the car." Rouer said she didn't at first, then "he said more urgently, 'Get in the car.' I got in the car."

Rouer said when she got in, Dunn was putting the gun in the glovebox. Rouer said Dunn started to back up and then pulled out of the parking lot "very quickly," not waiting for her to put her seat belt on.

"He was anxious," she said. "He went straight back to the hotel. We saw additional police lights heading in the opposite direction."

When they got back to the hotel, Rouer said, Dunn went to walk the dog. She said he came back and they ordered a pizza and each had a rum and Coke.

She went to sleep, then woke up about 7 a.m. Rouer said Dunn was in the bathroom and the TV was on, and she saw a teen had been killed at the gas station.

She told Dunn she wanted to go home, so they packed up and left and got home about 10:30 a.m. Rouer said she believed that she could be arrested for what happened.

Rouer said she was interviewed later that day by Jacksonville detectives in Satellite Beach.

Juror dismissed over remark criticizing State Attorney Angela Corey

On Saturday morning, a juror in the retrial was excused because of a quote in a Folio Weekly article criticizing State Attorney Angela Corey that the juror said during jury selection.

According to the article, Richard David Smith III, a prospective juror and former Folio writer who was part of the jury selection process, relayed a quote from a man who made it onto the jury. According to the article, the quote reads, "A 400-pound white schoolteacher who was sitting by me really hated (Angela Corey's) humor, and made the joke that 'she would have a hard time proving to a court that I am fat; there would still be reasonable doubt.'"

Michael Dunn listens in on a sidebar about an issue with his retrial.

That juror was described as a white man who is married with one young child. He is a teacher who has lived in the Jacksonville area for 44 years and has many friends in law enforcement. He was dismissed.

Smith said he was surprised to get a knock on his door from a Jacksonville police officer, who escorted him to the trial Saturday morning. Smith said Judge Russell Healey asked him to explain what Smith told Folio Weekly.

"It probably made his day," Smith said of the juror who was dismissed. "He was saying -- and this was on record to everybody -- he was concerned about missing the football games this Saturday. So he probably owes me a beer at this point."

Smith said he didn't tell anyone about the juror's joke sooner because others, including law enforcement, heard the remark, and Smith figured one of them would have said something if they thought the joke was that serious.

Smith also said everyone had opinions about this trial, and the judge was aware of that.

Healey said he excused the juror, erring on the side of caution to make sure Dunn gets a fair trial. He said the juror was very apologetic, saying he took this trial very seriously, and was concerned about how he may have disrupted the proceedings.

Investigators testify Saturday on Day 3 of murder retrial

Meanwhile, the trial resumed at about 10:30 a.m., an hour and a half after scheduled.

Brevard County Deputy Carmine Siniscal was the first to testify Saturday, talking about when Dunn surrendered at his home the morning after the shooting. He said Dunn complied with all instructions.

"I advised him to come out without a shirt and his hands up," Siniscal said.

Phillip Miranda, a crime scene investigator with the Brevard County Sheriff's Office, took the stand next. He photographed Dunn's car and gun, which was found in its holster in the open glovebox the morning after the shooting. Shell casings were also found inside the car, both on the floor and at the base of the windshield on the dashboard.

Jacksonville Sheriff's Office lead homicide Detective Marc Musser (pictured below) then testified about the investigation at the Gate gas station and interviewing witnesses.

Musser said the three teens in the SUV with Davis were interviewed separately to see if they gave consistent stories. He said that at the time they were interviewed, they didn't know Davis had died.

Jacksonville Sheriff's Office homicide Detective Mark Musser testifies about the investigation at the Gate gas station and interviewing witnesses.

Musser also interviewed Rouer the next day at their home in Brevard County. He said she was cooperative and answered his questions.

Defense attorney Waffa Hanania questioned Musser, saying he wouldn't be able to remember ever detail in his work. She pointed out that the Gate gas station area wasn't searched for a weapon until four days later.

Hanania said the adjacent area to the gas station was not secured that night, with people coming and going. And she noted that the child locks in the SUV were off when Musser examined it.

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Musser said the tripod under Davis' seat couldn't have been removed unless someone got out and pulled it out.

Hanania said Musser didn't know until months later that the gas station surveillance video from inside the store had audio.

After a lunch break, Karen Smith, a detective and crime scene investigator for the Jacksonville Sheriff's Office at the time of the killing, took the stand, expounding on some of the evidence.

FULL COVERAGE: State vs. Michael Dunn
 Latest coverage, video/evidence from first trial

Later Saturday afternoon, Sukhan Warf, a crime lab analyst who conducts DNA testing for the Florida Department of Law Enforcement, testified.

Maria Pagan, a firearms analyst for FDLE, was the last witness to take the stand Saturday. She demonstrated for jurors the specifics of firing the gun that Dunn used.

The judge said the state will likely have two more witnesses Monday. Court will resume at 9 a.m. Then the defense will begin its case.

During Dunn's first trial in February, there were four days of opening statements, testimony and closing arguments, followed by four days of deliberations.

Anyone interested in attending the proceedings may obtain an application for general public seating at the trial by visiting michaeldunntrial.com. A lottery-style drawing will be held each afternoon for the next day's proceedings. Those selected will be notified by phone.

Completed applications must be turned in no later than 4:30 p.m. the day before the requested date to attend the trial. The location to turn in applications or obtain a blank application is the Prime Osborn Convention Center at 1000 Water St. Use the north entrance on Bay Street.


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