JACKSONVILLE, Fla. -- Michael Dunn has waived his court appearance in the shooting death of a teen at a local gas station. Dunn is facing second-degree murder and attempted murder charges in the shooting death of 17-year-old Jordan Davis. The charges could be upgraded to first-degree murder, if the State Attorney's Office can prove the shooting was premeditated.
"We anticipate that we will continue our investigation over the next 21 days and we expect we'll have charges ready to be filed once we consider all the evidence," said state attorney Mark Caliel.
Caliel says the state has to prove Dunn's shooting was not a snap reaction to an argument over loud music.
Defense attorney, Robin Lemonidis, hasn't said if she plans to use the 'Stand Your Ground' law in Dunn's defense. But Caliel says he expects the controversial law to be used in this case.
Lemonidis says that her client acted appropriately that fatal Friday night. The defense claims someone in the red SUV pointed a shotgun at Dunn and he fired back in self defense.
Police never found a gun. Lemonidis claims the teens drove off after Dunn fired at them eight or nine times and apparently got rid of the weapon before returning to the Southside gas station.
"We will have our day in court and we are confident that Mr. Dunn will be shown to have been acting appropriately under the circumstances," said Lemonidis.
Dunn is scheduled to be back in court December 19th for his arraignment.