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  1. #11  
    Power CUer noonwitch's Avatar
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    Tomorrow, the Wayne County Prosecutor is having a press conference regarding the shooting in Dearborn Heights.

    I'm reasonably sure that the shooter is white, but there is one section of Dearborn Hts. that has a fairly large black population. That's not the area this occurred in, though. Kym Worthy, the county prosecutor, is a black female, which may play a role in why there is not a national outcry-the victim and lead investigator are of the same race.


    Personally, I think the reason that there are not major protests, that Sharpton and Jackson aren't here leading the call for "justice", and so on is that the victim is a woman. Bros before hos.
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  2. #12  
    Power CUer noonwitch's Avatar
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    Update:

    Wayne County Prosecutor Kym Worthy just announced that her office was filing 2nd Degree murder charges against the homeowner for killing Renisha McBride. It was announced late yesterday that the victim had a BAC of over .20 and marijuana in her system. I didn't catch the part of the press conference in which the identity of the shooter was revealed.
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  3. #13  
    Sin City Moderator RobJohnson's Avatar
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    Quote Originally Posted by noonwitch View Post
    The media has not been as all over this case as you would think.
    That usually means a minority pulled the trigger. Just my guess.
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  4. #14  
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    Quote Originally Posted by noonwitch View Post
    Update:

    Wayne County Prosecutor Kym Worthy just announced that her office was filing 2nd Degree murder charges against the homeowner for killing Renisha McBride. It was announced late yesterday that the victim had a BAC of over .20 and marijuana in her system. I didn't catch the part of the press conference in which the identity of the shooter was revealed.
    Second degree murder?

    That seems a little harsh since this drunk and stoned stranger shows up at 4 am at his door. I could excuse a homeowner at that time of night/morning for thinking this person was coming for no good, especially if there were kids in the house. Manslaughter would have been my guess.

    I'm also with Ron in that the shooter must be a minority of some kind or this would have been all over the papers. Has Jesse "My Son is a Felon" Jackson or Weird Al Sharpton shown up yet?
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  5. #15  
    Power CUer noonwitch's Avatar
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    Quote Originally Posted by Elspeth View Post
    Second degree murder?

    That seems a little harsh since this drunk and stoned stranger shows up at 4 am at his door. I could excuse a homeowner at that time of night/morning for thinking this person was coming for no good, especially if there were kids in the house. Manslaughter would have been my guess.

    I'm also with Ron in that the shooter must be a minority of some kind or this would have been all over the papers. Has Jesse "My Son is a Felon" Jackson or Weird Al Sharpton shown up yet?

    The shooter's name is Theodore Wafer, and I'm guessing he's white, because Kym Worthy made a statement to the effect that race was not a factor in the investigation.
    I was thinking maybe he was middle eastern, but not with that name. The neighborhood where the shooting occurred is a mostly white neighborhood, but it is on the border with Detroit and Dearborn.

    He opened the inside door and shot her through the screen door with a 12 guage shotgun.
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  6. #16  
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    Quote Originally Posted by noonwitch View Post
    The shooter's name is Theodore Wafer, and I'm guessing he's white, because Kym Worthy made a statement to the effect that race was not a factor in the investigation.
    I was thinking maybe he was middle eastern, but not with that name. The neighborhood where the shooting occurred is a mostly white neighborhood, but it is on the border with Detroit and Dearborn.

    He opened the inside door and shot her through the screen door with a 12 guage shotgun.
    If he's white, I am surprised they came to the conclusion that race was not a factor. I suspect there is more to this. Perhaps he is elderly?

    As far as shooting her through the screen door is concerned, I don't know what the house looks like, but if the inside door was solid wood and did not have windows, there would be a reason to open it to see who was outside. The screen door remained closed. It sounds like Mr. Wafer was awakened by the intruder's knocking, bell ringing, or something similar, went to the door with his gun (since it was 4 am), saw a stranger acting oddly and shot.

    Once again, I really think manslaughter would have been the appropriate charge. If you've got a drug addled stranger at the door at 4 am, you don't know if this person is armed or has other friends waiting outside.
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  7. #17  
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    Spike Lee Wants Fla. Zimmerman Tweet Lawsuit Ended
    http://www.breitbart.com/Big-Hollywo...-lawsuit-ended

    Spike Lee has asked a federal judge to throw out lawsuit filed by a Florida couple who say the movie director mistakenly retweeted their address as the home of George Zimmerman.

    Lee's attorneys filed a motion Tuesday to dismiss the lawsuit brought by Elaine and David McClain. The director's attorneys argued the lawsuit should be tossed out since the couple reached a $10,000 settlement with Lee last year.

    "The court should dismiss this case because plaintiffs have already settled the claim of negligence," Lee's attorneys said.

    The McClains contend the settlement only covered damages through the March 2012 settlement date and didn't include suffering that occurred afterward, including the aftermath last July of Zimmerman's acquittal in the shooting death of 17-year-old Trayvon Martin.

    The McClains received death threats and had to move out of their home after the original Twitter post, they said in their lawsuit.

    "Plaintiffs suffered and continue to suffer mental anguish and distress," the McClains attorneys said in the complaint. "Plaintiffs suffered and continue to suffer anxiety and fear."
    ....
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  8. #18  
    Power CUer noonwitch's Avatar
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    Quote Originally Posted by Elspeth View Post
    Second degree murder?

    That seems a little harsh since this drunk and stoned stranger shows up at 4 am at his door. I could excuse a homeowner at that time of night/morning for thinking this person was coming for no good, especially if there were kids in the house. Manslaughter would have been my guess.

    I'm also with Ron in that the shooter must be a minority of some kind or this would have been all over the papers. Has Jesse "My Son is a Felon" Jackson or Weird Al Sharpton shown up yet?


    Kym Worthy was the assistant prosecutor who handled the case against the cops who killed Malice Green 20 years ago. Since then, she has been a judge and now is the elected county prosecutor. She is a good prosecutor-the 2nd degree murder conviction of Larry Nevers for killing Green stuck through the appellate process. Budzyn won his appeal, mainly because his only crime was lying for his partner. He was resentenced to time served for manslaughter. A lot of white people hate her for this. A lot of black people hate her for prosecuting Kwame for perjury, which got him out of office so that the feds could investigate him for the racketeering charges. She still won county-wide office with a good majority of the votes, so she's not just getting supported by the people of Detroit.

    Kym Worthy is someone who I respect-as a judge, she had a reputation for being fair, but having a low tolerance for fools. I don't think she'd charge him with 2nd degree murder without the evidence supporting the charges.
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  9. #19  
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    Quote Originally Posted by noonwitch View Post
    Kym Worthy is someone who I respect-as a judge, she had a reputation for being fair, but having a low tolerance for fools. I don't think she'd charge him with 2nd degree murder without the evidence supporting the charges.
    It is hard to find eyewitnesses at 4am. I'm wondering what she used for evidence. Perhaps you have some decent links with good information.
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  10. #20  
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    There's actually an interesting analysis on the Detroit case (Wafer/McBride) by attorney Andrew Branca:

    http://legalinsurrection.com/2013/11...ng/#more-71902

    It's a long analysis by an attorney with an examination of the Michigan statutes. The upshot is that Wafer is going to have a hard time making a self defense case.

    Some snippets:

    In this case, we simply do not know how McBride was conducting herself on Wafer’s porch. It is here that considerable degree of intoxication becomes relevant. Grossly drunk people are more likely to act in loud, aggressive and generally alarming fashion than are sober people. Strongly undercutting this leg of the AOJ triad for Wafer, however, are his original references to the shot being an accident. A person who fired at the perception of jeopardy would be expected to state as much, and not turn to accident for refuge.

    In short, Wafer’s position is weak on “ability,” weak on “opportunity”, and weak on “jeopardy.” This is not a good argument for a reasonable perception of an imminent threat of death or grave bodily harm. Based on 780.972 alone, and the facts as currently understood, I would expect that State prosecutors have a strong probability of disproving self-defense beyond a reasonable doubt, as is their duty if they are to win a conviction.

    Conclusion

    New facts and evidence could well drive considerable changes to this analysis. As things currently stand, however, I expect Wafer to have a very challenging task in sustaining a defense of self-defense as justification for his use of deadly-force against Renisha McBride. Frankly, based on what is known, I strongly suspect that this shooting was, indeed, one of those unusual circumstances combining both initial steps of genuine self-defense, and ending with an accidental, unintended discharge. In that event, the appropriate penalty would be involuntary manslaughter (or equivalent).
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