0 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.