Ted Wafer’s Attorney Re-Litigates Case To Argue For A Reduced Sentence

doc53d16324af17b1093173181 Ted Wafer shot and killed 19-year old Renisha McBride. A jury found Wafer guilty of 2nd degree murder, manslaughter, and unlawful use of a weapon. He is due for sentencing next week. Wayne County prosecutors, and defense attorney Cheryl Carpenter, have filed their pleadings.

 

Prosecutors are asking that Judge Hathaway use sentencing guidelines. Wafer stands to be sentenced between 15 and 25 years in prison that would be in addition to an automatic 2 year sentence for unlawful use of a gun. Prosecutors are asking that Wafer be sentenced to at least 17 years in prison.

Defense attorney Cheryl Carpenter, however, filed a 12-page pleading asking the judge to go below the guidelines and sentence Wafer to 6 years in prison, served consecutively with the 2 years for the unlawful use of a weapon.

Attorney Carpenter’s reason is:

“The facts and circumstances of this case are more akin to manslaughter than murder. It does not seem fair or just that a person who does not intend to kill another person is convicted of murder.”

In my opinion, disrespecting the jury’s decision is not going to get attorney Carpenter what she wants for sentencing. If attorney Carpenter wants the court to go below sentencing guidelines, it would have been better for her to argue that Wafer is an angel and no threat to society, who should be able to serve his sentence and get on with his life, rather than inferring that the jury was wrong.

Renisha was 19-years old.  Wafer should serve one year for each year of Renisha’s life, and the additional 2 years for unlawful use of a weapon for a total of 21 years.  Even that is a light sentence.

More on this on Huffington Post.

Posted on 08/28/2014, in Cases, Renisha McBride and tagged , , , , . Bookmark the permalink. 31 Comments.

  1. Six years is an insult to those who loved her. I would be absolutely amazed if a person ever just stepped up and owned what they did, and accepted the consequences of having done it.

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    • Mindyme,
      You make an excellent point. Why don’t those who are guilty just say so, get a plea bargain, and start serving their sentence, rather than spending hundred of thousands of dollars taking their chance on a defense based on inconsistencies? I know many innocent people who take plea bargains because they cannot afford a private lawyer, and don’t trust public defenders.

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      • butterflydreamer2

        Xena and Mindyme,

        I’ve known people who know they are guilty, who didn’t except a plea deal, thinking they will get off taking their chances with a jury. They ended up being found guilty, and serving 3 times more, than if they excepted the plea deal.

        Btw, I sat in court last week in the criminal division and heard the judge sentence 6 youth (over 18) who were already in custody. They had committed crimes such as welfare fraud, shop lifting, robbery, drugs. They were all released with time served, but one of them, and ordered to pay restitution. Some were ordered to complete drug intervention classes. The 5 that were released were white or Hispanic, the black young man was ordered to serve 277 days in jail. One Hispanic young man had already been sentenced to serve a year for robbing a quick stop and possession of meth. He was enrolled to start a detox program for 45 days, and the judge said once that is completed, he would be released with time served. All of them were told they could not own a firearm and would be given instructions on what to do if they were in possession of one.

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        • butterflydreamer,
          Makes me wonder — how many of those released will be repeat offenders while the one Black defendant is still in jail?

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          • butterflydreamer2

            Xena,

            The two women (welfare fraudster and shoplifter) were repeat offenders. Those big tears started as they promised they would never do it again. They’ll be back, especially knowing the jails here won’t keep them if they are not a violent offender or black), they are overcrowded. Since the African American population here is so small, (1%) guess who all the violent offenders must be?

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            • Butterflydreamer,

              Since the African American population here is so small, (1%) guess who all the violent offenders must be?

              I understand what you mean. I’ve observed cases in court and minorities are given the most extensive sentencing for convictions of the same crimes that Whites are sentenced to probation and a fine.

              There is one case in particular that I took interest in. It was a felony case and the defendant is a Sovereign Citizen. He was convicted and instead of jail, he was sentenced to a year of probation and a fine. The fine was over $3,000. He lied to the court saying that his only income is social security. The man has income from 3 rental properties. Since about 2010, he’s been paying $5 a month towards his fine, while pocketing well over $2,000 a month in rental income. The State’s Attorney was not interested in the defendant’s perjury and turned the unpaid fine over to a collection agency.

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  2. Two sides to a story

    I’m all for compassion, but sheesh. If he’d pled guilty, pled for mercy, etc. I can see where he’d might be good for a lighter sentence. At his age, I’d vote for at least 10.

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  3. Reblogged this on It Is What It Is and commented:
    …. and the wheels of our justice system continue to churn!!!! SMH …

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  4. Jackie Saulmon Ramirez

    No way should he get a lighter sentence.

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  5. OT: Lawrence O’Donnell tonight reported the company Glide which provides the App the anonymous witness used while inadvertently recorded the gunshot sounds, is verifiable.
    Time: 12:02:14 pm CST (per Glide issued statement)

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    • Peni,
      I understand that the verification has been given to the FBI. Remember in one of his first news conferences, the Ferguson Chief of Police said that all shell casings came from the officer’s gun, but he would not say how many there were. The independent autopsy determined that Mike had been shot 6 times, but only 3 of the bullets were found in his body. There are more shots heard on that tape than 6.

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      • Exactly Xena! one of the eyewitnesses stated they found bullet in one of the residents house, which to me says; “reckless”. I heard 11 shots though a specialist claims 10.
        The Prosecutors office claims if audio is authenticated, they will present it to the Grand Jury.

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        • Peni,
          I wish that the grand jury met more than once a week, had all the evidence presented, and could go on and make a decision as to whether to indict. Next thing, I wonder how McCullough plans to get the audio since it was given to the FBI? Or, is he just yanking chains?

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          • The weekly grand jury meet is a joke. As one of the local columnist claims; this is all so Wilson can make his story fit. Supposedly, the locals are working hand in hand with the FBI, (yea right) that’s why the chief disregarded DOJ’s recommendation regarding the release of store video of Michael Brown.
            So many things wrong with Ferguson and other suburbs across this nation.

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            • Peni,
              IMO, the decisions makers for the Ferguson LE defied instructions and common sense. AG Holder had also told them to get rid of the tanks and stop using tear gas on citizens. It’s my impression that the Ferguson Chief of Police wanted to provoke the people to violence so more lives could be taken and more harm caused to the people. In the alternative, he wanted to violate their constitutional rights to assemble and express themselves by intimidating them.

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            • Xena, what you’ve explained lends to why they (Ferguson LE) attempted to force journalist/news cameras out. To tell the press “No”, prompted news outlets to become that more curious as to why. So now we see the treatment towards protesters and journalist. I did hear several comments/interviews from protesters saying LE was baiting the crowds. Remember the one calling them “animals”?
              I see now they are wearing body cams donated by two companies along with ongoing lawsuits against Ferguson.

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            • Peni,
              Like in many cities, the powers that be don’t want outsiders exposing them. Threats of destruction of career, harassment by LE and such, don’t carry weight to outsiders like they do to local folk. But, I think that is changing now as citizens of Ferguson are fed up.

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  6. He need to be sentenced to the maximum allow by the law.

    First he killed her by accident,later he tried to demonize her and went
    demonizing Renisha doesn’t work out he try to get a lighter sentence,
    lock his cell and trow away the key.

    He is a convicted murderer without an ounce of repentance.

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  7. For a man who “feared for his life,” as he opened the door…he was “protecting himself,” she argued – I’m finding Ms Carpenter’s analogy disputable…”It does not seem fair or just that a person who does not intend to kill another person is convicted of murder.”

    Perhaps she should have argued at trial that he only intended to wound the unknown suspect, not shoot ‘at’ her face through the screen door, killing her instantly. Sarcasm intended. SMH

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    • Pilcher,
      Had Carpenter argued that at trial, she would have lost the opportunity to try and appeal to jury biases that Ted lived in a changing neighborhood where a drunk woman who had hit her head against the windshield in a car accident was of clear mind to knock on doors of Ted’s house hoping no one was home so she could break-in and rob the place. (snark)

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  8. crustyolemothman

    Might I suggest that a much more appropriate sentence for TW for the murder of Mz McBride would be 53 years. It is realistic to think that Mz. McBride would have lived to be 70 years old. TW should serve 1 year for each year he stole from her life, so 70 – 19 = 51 + 2 years for the weapons charge equals 53 years, that is the minimum sentence he should serve! IMO to sentence TW to merely 17 years is an insult to the memory of this young woman!!!

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    • Mothman,
      53 years would be beyond the sentencing guidelines for 2nd degree murder, but I understand your reasoning. 17 years would make Wafer about 72 years old, unless he’s released on earlier. Either way, I don’t like will ever be the same for him.

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    • butterflydreamer2

      I’m with you Crusty. No compassion here for his age, because of his age he should have acted more responsible. He tried to lie so he would serve no time. He went along with his attorney to “Thugify”, knowing it got Zimmerman off, thinking he would get off too. Sock it to him, he took as life. NO to lessons learned bullcrap.

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    • I agree. that sounds like a fair sentencing guideline for murder to me. but we also have to remember the friends and family that are going through hell now and will be for the rest of their lives from the pain of Renisha’s murder. he needs to be punished for them because they’ve been victimized too.

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  9. chuquestaquenumber1

    What happened to life in prison? What is this 17 yrs garbage. If that’s all the prosecutor asks for,as far as I’m concerned the prosecutor is being laxed on purpose.If there is no 25 to life . 50 yrs should be sought after. LIP for TED.

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    • Michigan’s sentencing guidelines does not have life in prison for 2nd degree murder. Florida does, and maybe because Florida has the death penalty for 1st degree murder.

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