The script read to Dunbar on April 24, 2009, by an assistant district attorney and an investigator as he awaited arraignment on charges that included attempted robbery contained phrases like: "If you have an alibi, give me as much information as you can, including the names of any people you were with" and "If your version of what happened is different from what we've been told, this is your opportunity to tell us your story. If there is something you need us to investigate about this case you have to tell us now so we can look into it."
Another statement in the script was, "This will be your only opportunity to speak with us before you go to court on these charges."
After having been read the script, Dunbar was Mirandized. The investigator asked him if he would answer questions and Dunbar said he would.
But Dunbar interrupted the questioning twice to express confusion or concern about whether the interview was to his benefit.
The investigator said the questioning would be helpful if, for example, Dunbar had an alibi to offer. The prosecutor and the investigator said Dunbar could say something like "it wasn't me, I wasn't there."
When Dunbar said he could not truthfully make such an assertion, the investigator immediately said, "No, you can't say that because we have pictures of you and they found the BB gun and all that stuff."
Dunbar asked if he would be talking to "the D.A." after talking to the investigator and prosecutor.
They responded the next person he would be talking to was his attorney and said it was their job to determine Dunbar's side of the story. Dunbar said he had been forced to rob a store by others.
In a subsequent omnibus motion, Dunbar moved to suppress the statement, but then-Acting Supreme Court Justice Robert McCann rejected the motion, saying Dunbar had knowingly and voluntarily waived his Fifth Amendment rights.
Dunbar then went to trial before Justice Fernando Camacho (See Profile) and was convicted of second-degree attempted robbery and fourth-degree criminal mischief by a jury.