TODAY   |  February 16, 2014

Mistrial declared on murder charge in loud music trial

Jurors found Florida man Michael Dunn guilty of three counts of attempted murder, but a mistrial was declared on the most serious charge. NBC’s Kerry Sanders reports.

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>> the country this morning. florida man facing the real likelihood of spending life in prison after being convicted on four of five counts in what's come to be known as the loud music murder trial but it's the jury's inability to reach a decision on that fifth and most serious charge that is really fueling the controversy. kerry sanders was there when the verdict was read and joins us from jacksonville this morning. kerry, good morning.

>> reporter: good morning, erica. none of the jurors of the 12-member jury has commented on why they were deadlocked on that top charge of first-degree murder. they had the options to come back with a guilty charge of first-degree murder, second-degree murder, of manslaughter or not guilty. after four days of deliberation on that charge of first-degree murder they couldn't reach consensus so the judge declared a mistrial.

>> no peace, no justice!

>> reporter: with protesters gathered outside the court, the 12-member jury couldn't agree if michael dunn was guilty of murder.

>> as to count one i would declare that mistried.

>> we sore very happy to have just a little bit of closure.

>> reporter: while deliberating the jury repeatedly asked the court questions and closely reviewed 20 minutes of security videos from where the shooting took place a year and a half ago.

>> he's shooting, somebody's shooting out the car.

>> reporter: dunn said he felt threatened by 17-year-old jordan davis, who he said pointed a gun at him from inside a car, after dunn says he told him to turn down the loud music . deputies never found a weapon. in all, dunn fired ten shots, nine hit the car.

>> to expel one bullet you've got to pull the trigger one time.

>> that should give you an idea how much of a panic i was in that i was able to pull it ten times.

>> reporter: inside that vehicle three of davis' friends which is why prosecutors also charged dunn with attempted murder .

>> we the jury find the defendant guilty of attempted second-degree murder --

>> reporter: the jury agreed dunn was guilty of those charges and of firing a missile into their car.

>> do i like their verdict, absolutely not. do i agree with it? absolutely not.

>> he's looking at 60 plus years on the attempted murder charges and 15 years on the shooting into a car charge. he's 47 years old, so he will be locked up for the rest of his life.

>> reporter: but michael dunn has yet to actually be sentenced, that will happen at least a month from now when the judge has him back in the courtroom for that. prosecutor angela corey says that she will retry dunn on the first-degree murder charge by impaneling another jury. erica?

>> kerry sanders live for us, thank you.