courtroom and also packed. we were shoulder to shoulder with each other. i haven't seen the courtroom quite that packed. but it was an electric moment in the courtroom just now. >> i can only imagine. standby to all of our analysts and guests. it's the top of the hour. breaking news out of jacksonville, florida. you're looking at pictures of the duval county courthouse. jurors in the loud music murder trial sent a note e to the judge saying they have reached a verdict in 4 of the 5 counts against this man, this is michael dunn. but they say they are dead locked on the charge of first-degree murder. dunn is charged with the murder of 17-year-old jordan davis. after an argument over loud music. we have a team of

correspondents, guests, we'll give you all the analysis you need. starting with martin savage. we have sunny hostin there as well. holly hughes and on the phone with us is mark o'mara. sunny hostin was in the courtroom and said it was very tense in there. it was a packed courtroom. you saw the davis family and they looked distraught. take us inside the courtroom and also explain to us the instructions the judge gave the jury and the possible outcome for all of this. >> reporter: injury. i mean, the jury made it clear they have reached a verdict on four counts, but they were really dead locked on the first count. not only the first-degree murder count, but all the lesser includes. they went over manslaughter and still couldn't reach a consensus. when that happens, when a jury is dead locked, the united states supreme court in a case called u.s. vs. allen, a judge

can instruct a jury to go back, try to reach a consensus and consider the opinions of your fellow jurors. that's exactly what this judge did. the charge was a bit different than the charges i have heard, but he told them to go around the room, each and every one of them, all 12, and explain the weakest points in their own arguments. that's really a fascinating way to do it. the davis family was very disace pointed when they heard the count they couldn't agree on was the count related to their son. they were looking down. head bowed. it was a very, very tense moment. michael dunn also stood up and looked at his parents. they have been in the courtroom every single day. the spectators are there. the media is there. even congresswoman brown is in the courtroom. it's absolutely packed. and really almost a collective

gasp when thigh said they reached a verdict only as to four and not the one which by many accounts is at least by the davis account is the one that's important to that family because it's related to the death of jordan davis. >> that's the big charge. the bottom of your screen it says loud music, murder trial has reached a verdict on four of the five counts. let's be honest. if this continues to go in the direction that it appears to be going, this is a possible mistrial. >> reporter: yes, it is possible. it's possible, though, let's make it clear, that there's a mistrial only as to that count. only as to the first count in connection with the murder and death of jordan davis. i will say that i have spoken to folks in the courtroom and it's pretty clear that if they hang on that count, the government will retry the case just for that one count. >> sunny, standby. i have an interesting guest on the the phone. i'm being told a jury consultant

richard gabriel. mr. gabriel, when you hear the jury, note that the jury sent to the judge and his instructions back to them, take us inside the minds of the jury right now. >> what tends to happen in this case is there's one or sometimes more jurors that are hung in this particular count. when the judge sends them back, that's a dynamite or an allen charge, which is meant to unlock them and says, look, everybody wants a verdict in this case. it telegraphs the jury, please try again. by this point after this many hours of deliberation, quite frankly, jurors are pretty positional. it just has to do with how big the hang is, in other words how many jurors are for acquittal and how many jurors are for conviction on this particular count. >> so then what happens now in this jury room? that's what everyone is wondering. how can they -- it seems to be a cut and dry case to most people.

you heard what the judge told the jury. he said go back and try. i'm going to give you this allen charge, and go back in and try to come to a consensus. what's happening now? >> what's happening now is they are going back and either one or two people that are either for acquittal or conviction, whoever basically -- and it sounds to me like there's really only a coup couple. if they found agreement on most the other charges, for the most part, there's probably only a couple people or maybe even one person that's hanging on this charge. basically, they are trying to work it out. depending upon how deeply entrenched these particular jurors are, it can be -- typically what happens jurors go what can we tell you? they ask them to enumerate the reason as to why they are not convinced usually on the conviction. and at that point, i have some doubts about whether there was a gun or may say, i think he may have perceived it and therefore,

the stand your ground defense is really where i think it is. and so it's really having the jurors work it out. this is where jury selection becomes important because it has to do with what's the dynamic of those personalities? how are they working together? whether they are fighting with each other and whether they are being respectful and trying to work out their differences. >> standby, mr. gabriel. we want to go to holly hughes, prosecutor, knows all about this. we have been talking about these cases. this particular case you and i on the air. is this surprising to you that this is happening now after four days of deliberation? >> no, because in the beginning -- >> holly, start over. we couldn't hear you. >> okay. it doesn't surprise me because they probably took a straw vote in the very beginning and they have been if you rememberly entrenched in their position,

whether it's not guilty all the way across the board or whether it's guilty across the board. and so what they have been doing is reviewing the evidence. this is a careful jury. you see it in the questions they are asking. they were so on top of it. one of them was missing one page of jury instructions, but noticed it. you know what that tells me, they read those 40 some pages to notice they were mising that one instruction. it doesn't surprise me. . it's disheartening they can't agree. i want to point out what somebody just tweeted to me saying, this allen charge was very weak. and that's true. a judge can drop the hammer. the allen charges we give here in georgia basically tell the jury there's nobody better qualified to make this decision than you. you guys heard the evidence. you saw the witnesses. you listened to the testimony. get back in there and get it done. but this particular judge gave sort of a softball version saying i can't make you do this,

but give it one more try. and honestly, i think they are going to go in there and pretty quickly come back out and tell us we are absolutely hung on charge number 1. >> that's interesting that you said that because i thought the same thing. i'm not an attorney or a legal person. i said, why isn't he more direct or firmer with the jury saying, i can't tell you what to do, but i'm going to ask you. >> it could have been a lot more forceful. >> and explaining that to me, also explain what an allen charge is. >> the allen charge comes from a united states supreme court case and basically it's language. when a jury comes out and says we're hung, you don't just want to throw in the towel at that point. so it is proper and it is necessary for the judge to instruct them. i know you have worked hard to this point, but just because you think you're at an impass, i'm

going to tell you to go back in the jury room. this charge said explain the weaknesses in your argument. basically admit to yourself what the weakness of your position is. and then that will open the floor for discussion. he also pointed out, which i have never heard in an allen charge, be respectful. don't interrupt each other. wait until everybody has had had their say and then discuss it. we have also heard reports that we could hear yelling coming from the jury room. that you could hear them arguing through the walls. those reports have been coming in. so that tells me, and obviously the judge has heard these reports, this is a feisty jury. you have people on opposite sides that are butting heads. i would have liked to have seen a more severe allen charge. >> okay. standby, holly. i have a lot of questions for you. i want to get back to you.

i want to go to mark o'mara down in florida. mark, i understand you want to make some clarification about what's going on. >> yes. i think it's the opposite and i apologize. it looks like they would have made a decision on the other four counts that he's guilty of it because that sits in much better with the previous questions of whether or not that's self-defense goes over to self-defense of other. i was thinking about they were talking about the lesser included of the other counts. it looks like they have made a good decision and it's probably of guilty but they can't make a decision on whether or not his action toward jordan davis was justified. it looks like a hung count on the first count, maybe retried. let's remember that those other three counts of attempted murder carry 20 mandatory each and under florida law those are consecutive. if he gets guilty on those three counts, that's a 60-year

sentence, no time off for good behavior. he has to serve every day of o 60 years. >> concurrent they can go at e one. but consecutive is 20 and then 20 and 20. and real quickly, just so the audience understands, what does this all mean? that they can't come to an agreement? mark o'mara? >> if they don't come to agreement on count one, that's a hung jury. that count has to be tried again. they will pick a new jury, have a new trial and go forward with the same information they had. but only on the one count. he can still go forward with the the appeal. if the appeal doesn't go forward, then the sentencing on other counts probably sentencing will be delayed on everything until they retry the count one. >> okay. thank you very much, mark o'mara. can i see martin savage? he's standing outside the courtroom now. martin savage has been covering

this trial since the beginning. we're going to get to him right after a break. there's movement now on the michael dunn trial. the loud music trial down in florida in jacksonville, florida. back with our correspondents and our analysts right after a quick break. there's this kid. coach calls her a team player. she's kind of special. she makes the whole team better. he's the kind of player that puts the puck, horsehide, bullet. right where it needs to be. coach calls it logistics. he's a great passer. dependable. a winning team has to have one. somebody you can count on. somebody like my dad. this is my dad. somebody like my mom. my grandfather. i'm very pround of him. her. them.

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breaking news here. movement on the michael dunn trial in jacksonville, florida.

he's on trial for killing of 17-year-old jordan davis and the attempted murder of his three friends. in november of 2012, everyone was at a gas station. michael dunn pulls up and didn't like the loud music. he got into an altercation with them. he said he feared for his life because he saw a gun. no one else has seen that gun. nobody has found the gun. the gun, not part of evidence because no one has seen it. but he says he saw it and now we have come to a trial with four days of deliberation. the jury has now said they have reached a verdict on four of the charges, but count one, the biggest charge, the one that's murder for jordan davis's life, they can't come to a consensus on this and this is possibly a hung jury, which means a mistrial in part. down to florida now. nerves are raw across the country. this is really become a cause for the community and for folks in florida.

martin savage is there and can tell us about it like no one else can. martin, go. >> reporter: you're right. this is more than just jordan davis the victim this was a murder trial. but it looks like now the verdict that's going to come out of here is not a murder conviction. it is going to be a mistrial on that particular and one very important count. the family has been inside the courtroom. they are clearly looking dejected. there are several dozen protesters. they have been here all day. they have just been sitting and waiting for word. now the word they are hearing is unsettling. right now the mood is frustrated that people here clearly believe that jordan davis is not going to get the justice that they felt that he deserved. if you support michael dunn, you'd see things very differently. one of the things i should point out is tomorrow is jordan davis's 19th birthday.

his mom tweeted out, i pray we'll celebrate a just and righteous verdict. it does not appear they are going to get that. >> he would be 19 years old, unbelievable. this is a clear cut case for most people just listening. no one should die for loud music. if you don't like someone's music, then you go to another gas station. this is florida. there's one on every corner. this is not your business what someone else is playing inside their car. it seems cut and dry. when you get to the stand your ground law in florida, that's where the hiccup comes. >> reporter: and we should point out that the jurors are only allowed to take in judgment what they heard in the courtroom. and one of the things the defense was very effective at pointing out is that there are inconsistencies with the state's case. the biggest thing they pointed out was maybe there was no gun, at least that's how they began their closing arguments, there was no gun, but the defense came back and said, there was a gun. they just didn't find it.

then they pointed out the fact that authorities did not go searching in the area where the suv ended up about 100 yards away from the gas station until several days later. the insinuation was that a weapon could have been tossed and that in the days that it took before the police decided to go look in that area, it could have been recovered, thrown away, who knows what. so it was that seed and a number of others that the defense apparently was effective in planting into the minds of those jurors. >> that's interesting. wouldn't the prosecution come back and say if someone is shooting at you, wouldn't you leave and try to go somewhere else and once they are gone come back. but if you're the prosecution, don't you try to plant that in the the minds of the juror? >> absolutely they did. first and foremost, if there was a gun, don't you think they would have used it? on top of that, would they have fled as they did. then would they have come back just three minutes later if they

truly were the guilty ones. in other words, the ones that had a gun that somehow made michael dunn feel like he had to open fire. that's what the prosecution would say. the reason there was no gun was there was no gun. >> interesting. the reaction there, you talked about this has become a cause. i don't even want to plant this. i'm sure people are upset, but what is the natural reaction that happened once they heard what the jury had just said? >> that's the obvious thing i put out there when i talked to people in front of the the courthouse. say it doesn't go your way, what happens next? this isn't just happening by itself. this is on top of people who feel satisfied from the george zimmerman trial. it's now part two of this. a lot of people see a lot of similarities. two 17-year-old african-american youths who were killed. it would be, people say, public

protest. it would be demonstration. it would be peaceful, but people would want to show they are unhappy with the verdict that they can't believe could come about. this could be a mistrial. there could be convictions on very serious charges for michael dunn. he could be away for 60 years to life if he's convicted on the lesser charges. but that's not the same as a man being convicted of murder. that's not the same as jordan davis, at least his family, seeing the outcome they wanted to see, which was a conviction. then the prosecutor in both cases, and though politics is not supposed to weigh in, you can bet that there was a lot of political pressure for her to deliver on this case. in fact, people were holding signs that said "let us win this one, this time" a direct reference to zimmerman. >> it just all seems so odd. there's something not smelling right about all this.

especially when it comes to the stand your ground law. martin, stick by. there's a lot i want to say, but i'm going to hold back. standby. we're getting a response from trayvon martin's family on what is happening down in florida. i'm going to give that to you in a little bit. also the comparisons made to the george zimmerman trial and what about the jury, the makeup of the jury. does that have any implication? we're going to talk about it, right after this break. [ sniffles, coughs ] shhhh!

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when you talk about the value of someone's life. i'm going to get to the statement in a moment. when you talk about the value of someone's life, and you can't come to some consensus on whether someone is guilty of murdering a teen because his music was too loud? that's none of your business. you go over, you start the altercation and then you can't deal with it and decide to shoot someone and it's someone else's fault that you're on trial for murder? it's absolutely ridiculous. >> i got to think the majority of people in this country are going to agree with you 100%, but i'm betting what this jury is probably arguing about is not even the self-defense issue. they are probably arguing about whether -- remember, the first count is mirs degree murder, premeditated murder. they are probably arguing over whether he thought about it. maybe some of the jurors said he decided to do this at the last

minute, it's not really premeditated murder. it's second-degree murder. maybe they will drop down to the second count. i don't know, we're not going to know until they come back. i have to say on the issue of self-defense to think that this is a legitimate self-defense case is ridiculous under the circumstances. no gun found, the guy goes and has pizza at a bed and breakfast, spends the night and doesn't even tell his girlfriend that a gun was pulled out. >> people are saying, don lemon is mad. i'm mad because it's none of your business. there's a gas station on every single corner. if you don't like what's happening at that gas sags because someone's music is loud, because then you move your butt to the next gas station. and get your gas there where you can't hear the music. it's ridiculous. i think there needs to be a mind your business law that goes along with the stand your ground law. >> stand your ground, people have said this is not a stand your ground case. this is all about stand your

ground. if this were in new york or any number of other states, you would have had -- he shs t, ther of the car, could have stepped on the gas and got out of harm's way. that's the doctrine of retreat. but florida says, no, everybody is john wayne. you can stand your ground. if you have a gun and you feel threatened, shoot the other guy. that's exactly what was done here. it's all about stand your ground. >> isn't it one thing to defend yourself? even if it were the case he was defendi ining himself, but he s ten times. at some point it became a massacre. >> if i have a gun in the car and there's a crazy man that comes up to me in the car, i presume crazy. anyone who tell mess to turn my music down comes up to me in the car and i have a gun in the car, you think i'm not going to use it if someone is shooting at me? >> of course, you would use it. i got to say the defense attorney put a lot of things on the board that he got this jury

thinking about. >> before you go to that, are you saying the prosecution did not do a good job? that's what they said in the george zimmerman trial. mark o'mara is standing by. and i was there witnessing the george zimmerman trial. they said the prosecution did not do a good job. is that the same thing? >> i'm not criticizing the prosecution because i'm going to say something i shouldn't say as a lawyer. lawyers don't make a big difference in a lot of cases. cases turn on two things. the facts and who gets picked for that jury. now on this jury, you have two african-americans sitting in judgment on this case. you have african-american kids shot down and you have a predominantly caucasians on the jury. a lot of them feel this threat whenever black kids come by playing the loud music. >> hold on. jeff has been trying to get me to talk about this. he goes let's talk about the

makeup of the jury. if you're at home, tell your friends and family and people you don't like, they better tune in to cnn right now. we're absolutely going there. this is ridiculous. if this turns out to be a mistrial, there's going to be outrage. i will be one of those people. so i want to get -- where's richard gabriel. are you there? until we get richard gabriel on the, if an the phone, he's a jury consultant. four white women, two black women, one asian, four white men, one hispanic. richard, what impact does this have? >> the racial makeup has less of an impact than whether the fear factor. and i think the african-american women are going to see this differently than the white jurors. the truth is when you're sitting at a gas station and hear loud music from a car and look over and see four youth, there's a

large portion of the white population that does have fear and expectation. and it's whether that is driving this or not. whether they think that jordan davis was the agrgressor or whether michael dunn was. it has to do with perspective. that's why i would be interested -- i know there's a lot behind the closed doors done in jury selection as to how jurors, what their attitudes were about guns, about stand your ground and what these jurors thought about the zimmerman verdict. that's more determinative because their race absolutely doesn't form that perspective, but it's really their life experiences and their fundamental believes and attitudes that's driving this jury deliberation. >> go, jeff. >> if it's about the fear, we can theorize that dunn went ahead and confronted these four black youth. perhaps was scared to begin with and therefore felt or imagined

that there was a gun. there was no gun. so spooked himself, if you will, no pun intended here. and did something horrific. stepped into something he was never prepared to handle and therefore out of fear, murdered. that's why we have diverse juries. >> we have that for two reasons. i have been looking at the stats of that area. about 30% african-american population. less than 18% of the jury picked was african-american. and in jury deliberations, people form coalitions. and it's very hard -- let's assume hypothetically, by the way, for all we know, the two african-american women voted not guilty. e we won't know until this is over. assume they wanted to fight for a conviction, there are only two against ten others. it's very difficult to hold out against such a big group of people. so you need large coalitions of people representing diverse viewpoints in order to get a fair jury.

>> i see joey jackson. we'll get as many people on the set as possible. i want to tell you at home. if you're watching this with children, you probably want to get them out of the room. this is something if you're easily offend, you don't want to watch. we're going to go there when you consider what's going on down in florida. many people around the country are outraged. what if this turns out to be a hung jury or a mistrial for another teenager who was shot by someone who was invoking the stand your ground rule just because they were afraid or upset by something someone else was doing. a quick break. tell your friends and your family, even your enemies to tune into cnn. it's like you have never seen before, on the other side of this blaek. break. male announcer ] need help keeping your digestive balance in sync? try align. it's the number one ge recommended probiotic that helps maintain digestive balance. ♪ stay in the groove with align.

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welcome back to breaking news here on cnn. viewers, i'm don lemon. i feel your pain. i'm picking up what you're putting down. i can't believe what's going on down in florida. but the jury has come back in florida in this dunn trial and they have said they have reached an agreement on four of charges. the big charge, the one that has to do with the value of a teen's life, they somehow can't come to an agreement on. because this guy invoked stand your ground.

they sent the judge a note about an hour ago saying we can't cothis. we need to see you. the judge told them to come into the courtroom, gave them instructions and here's that judge just moments ago. >> for the record, indicating that you had reached a verdict on four of the five counts and are unable to reach a unanimous verdict on count one or any of the lesser included offenses related to it. that, then, under that kind of a situation and in that circumstance, i am required to read to you an additional jury instruction. i'm going to read that instruction to you now, and then i will provide a copy to it to each of you when i'm finished. i know that all of you have worked hard to try to reach a verdict in this case to each of the counts. it apparently has been impossible for you so far. sometimes an early vote before discussion can make it hard to reach an agreement about the

case later. the vote, not the discussion, might make it hard to see all sides of the case. we are all aware that it is legally permissible for a jury to disagree. there are two things a jury can lawfully do, agree on a verdict or disagree on what the facts of the case may truly be. there's nothing to disagree on about the law. the law is as i told you. if you have any disagreements about the law, i should clear them up for you now. that should be my problem, not yours. if you disagree over what you believe the evidence showed, then only you can resolve that conflict if it is to be resolved. i have only one request of you. by law, i cannot demand this of you, but i want you to go back to the jury room. then taking turns, tell each of the other jurors about any weaknesses of your own position. you should not interrupt each other or comment on each other's views until each of you has had

a chance to talk. after you have done that, if you simply cannot reach a verdict, then return to the courtroom and i will declare this case mistried as to that count and will discharge you with my sincere appreciation for your services. thank you, ladies and gentlemen. you may now retire for further deliberations and we will provide you with a copy of this instruction. >> that was the judge down in duval county in jacksonville, florida. ashleigh banfield is now the host here on cnn and also wor d ed "in session." she has been covering this on her show here at noon on cnn. i don't know about you, i am outraged. you're wanting to talk to me. what do you want to say? >> here's what i think people watching need to know. and i feel your pain, don, without question. if you were trying this case based on the headlines and the

television coverage, it would be a slam dunk and the guy would be gone for life. if you were in the courtroom and followed it moment by moment without any gaps, it may not be as simple and that's why i want to bring you into the jury room for a moment. these people were told by a judge, by law, they have to give him from the outset the presumption of innocence. let's start there. the presumption of innocence. so they are building from there. and to get from the presumption of innocence to first-degree murder and put him away for life is a very, very difficult process for nib. if anyone is outraged or angry at this jury for dead locking, if they are on that one charge after all is said and done, we all have to take a deep breath and remember if you're on a jury and you stare at somebody across the courtroom for an extended period of time, it all becomes far less of a character on television and a narrative where a lot of opinionated people have

weigh weighed in without having sat in the courtroom. that's where i come from when i cover court. i said at the beginning when i watched him on the stand and watched his entire testimony, it was a game change. go back and run the tape. i said it's a game change. not because i or someone else believed it or didn't believe it, but because he brought a story that i know some people could have believed to the stand, and that would have made it difficult to just be a slam dunk. >> okay, ashleigh banfield. standby. everyone, we get the whole presumption of innocence. i love you. but we all kind of smiled when you said that, presumption of innocence for someone who went over sand shot someone because e didn't like their muse ping. >> she lays out the legal principle. that has to be respected obviously. this is a country of laws. and as a result of that, we respect that and any

presumption. at the end of the day, however, the jury has to make a decision. and that decision is whether or not there was sufficient premeditation. and i think, don, that that's the issue here. when most people think about, and let's think about first-degree murder. when we talk about first-degree murder, it's premeditated. most people think in common terms that it's lying in wait. that you have to plan and plot and strat jazz. when i can tell you that premeditation can be formed in an instant. when the jury was struggling with is that very notion. it looks like they are not struggling. people are entrenched because the prosecutor was attempting to say that this is how the premeditation formed. he grabbed that weapon. he pulled it out of the glove compartment. he was inside the vehicle at the time. he grabbed it, he pulled it, he unlocked it in terms of allowing the safety to go off. he aimed that gun, he pointed

that gun and he pressed the trigger. and so the issue then becomes is that sufficient premeditation? and if not, then what do we have? do we have second-degree murder. from the looks of it, it seems like there are jurors that are entrenched in their positions. >> ashleigh banfield, this is your night off. if you have something else to say, go ahead. >> i just wanted to put the thought in the viewers' mind for a moment. if this is about race and a lot of people feel this is about race, if you switch the player's colors for a moment and put a black driver by himself behind the wheel and four sort of very -- you know, four white older teens full of bravado who sling some language that's a little derogatory and maybe frightening, then you might

consider that the black single driver could be afraid from the get-go. if you take it from there, then at least you might be able to gin up belief for this story on stand. and it's very hard to do this. >> but afraid of what? to me, that doesn't make sense. if i'm afraid of someone, i'm not going to go near them. if they are wearing a hoody or whatever, whatever case you can make up, if i'm afraid of them, the first inclination, my first response is to get away from them. not to approach them. >> you're right. i say the same thing. except if my boyfriend is in the convenience. store, i'm not going to leave them behind if i'm worried about what these four kids might do. i'm not saying this is a legitimate. but it's belief that you could understand someone might have. they may not be someone like you or me, but they may be someone

who could have that belief. >> i'll tell you what happens. >> they have to understand -- >> open up the mic. >> if you want to see a case where they reverse the color, there's a case try ied in long island. you may know the case, joey. african-american guy, his house is surrounded by this group of white kids, thugs, who are out to get his son that they have had a problem with. they threaten his son, they then start to enter the house. the guy comes out with a gun to protect himself and he shoots one of the kids. you know what happened to john white? he goes down for murder. went to prison. went up an appeal. the governor pardoned him because it was obvious he was defending himself. that's a reversed color situation. because he obviously was in fear of his group. >> we can't do the reverse color thing. the fact is it doesn't matter who the perpetrator was.

if the perpetrator is black, if the perpetrator is white, because -- >> do you have -- >> come on. i don't care what color you are. if you don't like what someone is wearing, you don't like their music, it's none of your business. go somewhere else. don't look at them. put some ear plugs on. >> you're making an assumption. >> it's a reasonable one. >> that's why we have juries to decide what the facts really were. the defendant in the case doesn't say i shot him because i hate the music and the way they were dressed. >> yes, he did. >> no, he didn't. >> his testimony is that he saw a gun. >> from the defendant's -- the person who was with the defendant, his fiance said i hate that thug music. that's what came from his mouth. >> but he's claiming he saw a

gun. >> the other thing that i think is a bit disturbing to the public in general, if you think about this logically, and he makes the comment to his girlfriend or what have you initially upon rolling into the scene and sees them. if he's so in fear, why allow your fiance out of the the car? so to the, tent that something like this could be prevented. >> we are waiting for the jury that's now being sent back by the judge down in florida. he's told them to come to a consensus. if they can't, he says it's going to be a hung jury, in part. >> he will take a partial verdict. >> according to mark o'mara, he said that could happen within an hour or two. usually when you have this allen charge. standby, everyone. i'm going to take a breath. we're all going to take a breath. my thanks to ashleigh banfield who came on on her night off. thank you very much. again, this is going to be a point of view here. not going to sit here and read a run down on camera and say now

let's do this and the jury said this. we're really going to talk about it like adults do, like you do at home. so fasten your seat belts. it's going to be a bumpy newscast. we'll be right back.

so i get invited to quite a few family gatherings. heck, i saved judith here a fortune with discounts like safe driver, multi-car, paperless. you make a mighty fine missus, m'lady. i'm not saying mark's thrifty. let's just say, i saved him $519, and it certainly didn't go toward that ring. am i right? [ laughs ]

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breaking news happening down in jacksonville, florida, and

that is why you are seeing the live pictures. i'm don lemon and thank you for joining us. this is real talk and grown-up talk here, and i'm going to give you my opinion and not the boring rundown and the teleprompter, but we are going to have a conversation. and joey jackson and paul camera were having a discussion off camera, but i instructed them just like the judge in florida to have it on camera. and holly hughes is so impassioned by this, she is jumping at the screen, i'm being told about my conversation with ashleigh banfield that whether you are afraid of someone whether you approach them or not. >> okay. don, he pulled into the spot. then he pulls in and he makes a comment about the music, and there is testimony at the trial that there were multiple other spots at the gas station. if you are so offended by the music, back into another spot.

this entire situation could have been avoided by employing common sense. that is all there is to it. it did not have to happen. and, you know, let's talk about this "stand your ground" law. i mean, good god just because you think that somebody might possibly have a gun, you get to blow a wway a teenager. and by the way, risk the lives of the other three this that car? this is absolutely avoidable, and i think that you should talk about that. >> and holly, this is my thing at the bottom of it, who the, he, will l he hell do you think that you are that you can go do that -- >> well, it is arrogance, don. it is backed up by the law, because if you tell them that i had a reasonable fear and i thought that i had a gun, and then you can get away with it. that is what -- florida has got to do something, and they have to look at revamping this law,

because how many kids have to be shot and killed before we ooh finally say enough is enough, you guys. you can't just make up a story. there has to be some evidence to back it up, and clearly somebody on that jury thinks that it is possible. that is a bad sign. now i think that given the questions, don, i think that they are probably going to be coming back with the guilty on the ones they have decided on which is great, because you are look looking at the 60 years, and it is a question of intent, and he did not ever say that any of those other young men had a weapon, a knife, a pipe, a shotgun, nothing. >> and but, but, but, and hold on, here, because i have to get to the break, or the computer will cut us off. we will p be right back and we e not going anywhere and the jury has more instructions, and they are weighing it again down there in jacksonville, florida. i have to take a break, i

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i am don lemon and thank you for joining us. it is close to the top of the hour and almost 6:00 p.m. eastern here in new york, and 6:00 p.m. eastern and we are following the the breaking news of the so-called loud music trial in jacksonville, florida. scratch that, i don't want to say loud music murder trial anymore, because it is the jordan davis murder trial, and i'm sorry about saying that all evening. a teenager was killed here because somebody did not like their loud music, but it is jordan davis murder trial, and i hear you on the social media and you are absolutely right. jurors deliberating the fate of michael dunn sent a note to the judge. lis ep. >> we have reached a verdict on 4 of 5 counts, but we have not with been able to reach a verdict on count one or the lesser included offenses.

>> so the jury is deadlocked on count one, and they are deadlocked on the murder charge against dunn, but they have reached a verdict on the other four counts. dunn is charged with killing 17-year-old jordan davis. back in november of 2012, after an argument over loud music. he is also facing attempted murder charges for firing into the car, which was also carrying davis' three trends. t -- three friends. the testimony in this trial is emotional and unpredictable. let's look back at the week of testimony. >> we just heard gunshots at the gas station. >> we need help now. >> someone has been shot. >> it was coming from over at the gas station, and then a red, and it lood