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JACKSONVILLE, Fla. (AP) — A Florida grand jury has indicted a man on a first-degree murder charge in the death of a teenager following an argument over loud music coming from the teen’s car.

The Florida Times-Union reports officials in the state attorney’s office said Thursday they won’t be seeking the death penalty against 46-year-old Michael David Dunn. He was initially charged with second-degree murder.

Dunn is accused of the Nov. 23 shooting death of 17-year-old Jordan Davis.

Officials say Dunn parked next to the vehicle where Davis was sitting with three other teens. Dunn complained about the loud music and they stared arguing. Dunn told police he thought he saw a gun and fired eight or nine shots into the vehicle.

Grand jurors also added three counts of attempted murder.

The trial is set to begin September 23.