Ted Wafer, Convicted For Killing Renisha McBride, Gets Re-Sentencing Hearing

Wafer and McBride

Ted Wafer, convicted for killing Renisha McBride

In summary, on August 7, 2014, Ted Wafer was found guilty of second-degree murder, manslaughter, and unlawful use of a weapon in the killing of 19-year old Renisha McBride.  For more background information, please see our archives of posts about the case and trial.

Wafer is serving his sentence in the Alger Correctional Facility in Munising in the Upper Peninsula of Michigan. He was sentenced to 15-30 years in prison for the murder count and 7-15 years for the manslaughter charge. He also received a mandatory two-year consecutive sentence on a felony firearm charge.

At his sentence hearing, Wafer’s attorney argued that he should only be sentenced to 10 years.

Detroit News reports that on April 6, 2016, a three-judge panel of the court ruled that Wayne County Circuit Judge Dana Hathaway erred in ruling she could not “go below the (sentencing) guidelines” when she sentenced Theodore Wafer in August 2014.

“Because the trial court’s compulsory adherence to the guidelines range was erroneous, in keeping with (case law) we remand for … proceedings,” according to the opinion by judges Cynthia Stephens, Joel Hoekstra and Deborah Servitto.

The court upheld Wafer’s conviction.

Wayne County Prosecutor’s Office spokeswoman Maria Miller said Wednesday “We’re pleased that the conviction was affirmed.”

The Appellate Court rejected Wafer’s appeal where he alleged double jeopardy on his murder and manslaughter convictions for the same offense.

“Indeed, while defendant frames his argument as one involving double jeopardy principles, in actuality his complaint is that the jury reached inconsistent verdicts insofar as it convicted him of both second-degree murder requiring malice and statutory involuntary manslaughter, … which must be committed without malice. … this claim of inconsistency does not amount to a double jeopardy violation.”

Wafer is not required to attend the proceedings when the court makes its decision on whether to re-sentence him, but if he is re-sentenced, he is required by law to be in the courtroom.

The following video is from Wafer’s sentencing hearing.

 

Posted on 04/08/2016, in Cases, Renisha McBride and tagged , , , , , . Bookmark the permalink. 22 Comments.

  1. Two sides to a story

    Doesn’t make sense to me either to have a murder and manslaughter charge at the same time. But if he served the minimum for both charges – twenty-two years – that seems about right for his impulsiveness and negligence.

    Liked by 2 people

  2. Renisha didn’t have to die that night. Wafer lied and that had to have some bearing on being found guilty. Let’s hope the good sense that has been shown during his trial continues through his re-sentencing appeal

    Liked by 2 people

  3. yahtzeebutterfly

    Thanks for this important update, Xena.

    It will be interesting to see what unfolds legally.

    Liked by 2 people

  4. His racist paranoia is being punished………and that’s good enough for me. He can write letters to Duhhhnnn and they can bitch about the system to each other. As far as I’m concerned, they’re both where they belong.

    It’s only a matter of time before Fogen slips up and joins their club.

    Liked by 2 people

    • yahtzeebutterfly

      Racer,

      “It’s only a matter of time before Fogen slips up and joins their club.”

      Yep. I believe that Trayvon will receive justice someday.

      GZ never explained how he did the shimmy without smearing the blood on the back of his head.

      Shimmy shimmy, to and fro
      Shimmy shimmy, to and fro
      Shimmy shimmy, to and fro
      Shimmy shimmy, to and fro

      Shimmy shimmy, shimmy shimmy
      Shimmy shimmy, to and fro

      I do the shimmy
      When I walk down the street
      Cause that good music
      Gives me the creeps

      Since you are our music man, Racer, I will add… Makes me think of other moves he could have lied about:

      Liked by 1 person

      • Yep………….there are a few things he never explained away. That because the truth never changes, but the lie always morphs. Kike Trayvon and those X-ray eyes, among other things. Then there is the unexplained time frame discrepancies….

        Then there is the major problem of Trayvon facing the wrong way and being 8 or so feet from the concrete. Must be my misunderstanding, ya know…….being so inquisitive and all.

        Like

        • Must be a perfectly logical explanation. We’re just misunderstanding that whole physics thingy.

          Like

          • Shocked O’ Moron didn’t slip that in at some point. The old……”everybody else is wrong”

            Yep……….like since Trayvon was on top, why didn’t any of Trayvon’s blood drip onto Fogen……..oh……..my bad……..Fogen was on top. Sir Issac Newton told me about this new thing called “Gravity”

            Just like in one of Fogen’s interviews where he said he had to be careful when he aimed so he wouldn’t blow his other hand off. But wait !!!!! didn’t Trayvon have his arms pinned ?? !! ?? Yes !!! And Robbie the Racist went to great lengths to expound on that with his tale where Fogen had at least 6 arms. Trayvon had both his arms pinned, but my brother was deflecting the punches with “his other hand” and using his other arm to help him wiggle off the concrete (making 4) and pushing Trayvon back with his other arm, (5….count ’em, 5) and then he remembered he had his pistol…….well, that is, only after my brother saw Trayvon fire up those Superman X-Ray eyes and see the gun……..then he used his other hand to wrestle the gun away from Trayvon……….

            Right……………and some jurors bought that shit.

            Liked by 1 person

            • Racer,
              Remember that according to George, his defense team, and his supporters, Trayvon was also clairvoyant. When he ran, he knew before hand that George would get out of his truck and follow him. He knew that George would walk to Retreat View Circle, and he knew that George would walk back, and when he would walk back. It would have been impossible to pull the ambush-punch-in-the-nose without having that foreknowledge.

              Like

    • Speaking of fogen, it’s about time for him to rear his fat ugly head again.

      Liked by 1 person

      • I’ve anticipated news about him. He’s officially single now, but maybe since his last affair, no woman will give him the time of day.

        Liked by 1 person

        • True that is and with his NBC lawsuit out the window and what with O’Mara wanting 2 million in legal fee’s I believe the term “Great Catch” is not a term he can really use on his dating site applications……..just sayin’

          Of course, taking his new girlfriend out to go target shooting on a 1st date isn’t a real clincher either.

          Damn !!!!!!! imagine a date with Fogen. I can see it now…………

          So his new flame is dressed fairly nice expecting a nice dinner out and maybe a dance club or a show or a movie, but no……..here it is.

          Fogen shows up in his Honda SUV wearing dirty jeans and a gun shop T shirt, which smells…………..not just of gunpowder……but mix some sweat in with it. Needless to say, he has his trusty Kel-Tek tucked in a holster for everyone to see the bulge, since the T shirt is too small or more accurately, he a lot heavier. She’s kind of put off by all the trash in the back seat of the truck as well, not to mention a pistol in a holster that is mounted hanging from the dashboard.

          So he starts by telling her what a great night he has planned for them and she won’t believe what a great time they’ll have. She’s a bit put off by his dress, his dirty truck and well………..his odor, but listens to him anyway.

          He see’s a new hot babe willing to be his next paycheck, so he’s on his best behavior, …………….whatever that means.

          So he says they’ll be eating out at a place that just redid the entire menu and he’s dying to try it out. Sooooooo……..off the Burger King they go where Fogen shows her that BK now has “Flame Grilled Hot Dogs” and “Chicken Fries” and sells this with that boyish enthusiasm he can flash at times.

          So they dine in and he regales her with his stories of manliness and bravery. She thinks to herself…….(“WTF did I get into here………he talks about how proud he is for following someone around the neighborhood he thought was dangerous, yet accosted him from behind……stupid maybe…….brave……not so much……since he did have that, ya know….pistol on him. Then that stupid story of how he chased the UPS guy out at gunpoint since he didn’t look like he belonged there, but damn……with all the internet sales, that’s common so……..is he stupid ? Why am I here?”)

          So, they agreed to Dutch Treat………..well, to be precise, Fogen suggested it and in this day and age she didn’t think it that out of place. Until he said he forgot his wallet with all his money and ATM card and since he doesn’t trust banks, refuses to have a credit card and well……we know his routine on that.

          So after the new flame treating him to 6 hot dogs, 2 large fries, 1 onion ring and a Bacon Dbl Cheeseburger and an order of chicken fries and a large drink, they depart for the “Fun Part” of the date.

          Oh joy, oh joy…..oh happy day.

          When they are leaving the Palatial Burger King, Fogen taps his watch, see’s it’s not working and asks her what time it is. She casually looks at her watch and thinks deeply and after giving him a sour look, she looks away………into the night.

          So, Fogen drives around showing her all of the places he lived and has some history at. She notices, but makes no mention of his never saying something like “…..and that’s where I worked for 8 years” or the like, but he does keep mentioning how his ex-wife is the one who ruined his life and all his plans. He mentions it quite a bit in fact.

          Then he says he had to defend himself (once again) against her father and a laptop computer attack. Has it on video he says. He also relates how every girl on the planet, and he says he’s had many, all seem to turn on him…….hell, he even stated gun play was involved a few times.

          So after the Fogen Life in FL tour, he heads out to take her to a relaxing evening…..so, they pull up to the gun store………..did he mention target shooting is the best 1st date ever ???? Welllllllllll, not until they get there.

          So he takes her in and says she can use his guns and doesn’t need to rent one, but she will have to purchase the ammo she uses, since his is all “special use” ammo. Now since she doesn’t have a firearms lic. Fogen has to “come to the rescue” and sign for her ammo…….and he rubs it in several times over the next hour.

          The date starts to wind down since his date has no interest in guns, has a sense of justice, isn’t a racist, follows the laws and the news. She’s a pretty, blue eye’d brunette, about ohhhh, 5′ 6″ tall and 115lbs…….great shape, about 32 years old, never married, great career, great family…….a lot of positive in her life. Hell, she was “Miss Anytown USA” her senior year in High School and the head cheerleader.

          Graduated 9th in her class………………..so how does she wind up on a date with this asshole ??

          Well………………………the last thing Fogen was heard to ever say was ……………

          “……………..why are you pointing that gun at me ??”

          Yep, as you said “……..no woman will give him the time of day.” and as the story says………..she didn’t.

          Karma…………..it’s a bitch !!!! best served cold…….oh, that’s revenge…..my bad.

          Liked by 1 person

          • Racer,
            I LOVE that story. Based on (as Don West has conveyed), Zimmerman has problems with the ladies. Your story sounds right-on. Oh — you omitted that while on the date, George has his dog in the passenger’s seat. He makes his date ride in the back. 🙂

            Lately, I’ve done research about narcissists. Two sides is much more informed on that subject that I am. If she reads this, she might be able to explain more. What I’m seeing is a pattern where they like finding something, or making up something, that they can use for emotional blackmail. George’s item of choice appears to be naked photos.

            Liked by 1 person

            • I forgot about his MO with naked pics. Of course in my story, no such posing happens, she won’t give him the time of day, and well…….it’s just my human side that prompts the ending.

              I’ll send you an update on some things, but I still have the CA stuff to send and the friend of ours who knows CA was here for dinner and sends his love. He actually asked about doing a Bible study here……how cool is that !!!!

              Like

            • Racer,

              “He actually asked about doing a Bible study here……how cool is that !!!!”

              That’s really cool!!!! It makes me wish we were closer geographically.

              Like

  5. crustyolemothman

    It is beyond comprehension that the panel of judges would even suggest that Mz. McBrides value to this world would only result to a 10 year sentence for a man who IMO murdered her in cold blood and will malice in his heart! I thought at the time of sentencing that the time he was sentenced to was too short to fit the crime, and again, I think a reduction of the time is not only uncalled for, it is an insult to all honest and fair citizens of Michigan and this nation. How dare they value this young woman life so little! If the racial breakdown had been opposite, do you or anyone else actually think the killer would have received such a short and light sentence, much less a reduction of the sentence after the fact? Things in this nation will have to change if this nation is to survive much longer…

    Like

    • Racer,
      Remember that according to George, his defense team, and his supporters, Trayvon was also clairvoyant. When he ran, he knew before hand that George would get out of his truck and follow him. He knew that George would walk to Retreat View Circle, and he knew that George would walk back, and when he would walk back. It would have been impossible to pull the ambush-punch-in-the-nose without having that foreknowledge.

      Like

    • Mothman,
      Re:

      “If the racial breakdown had been opposite, do you or anyone else actually think the killer would have received such a short and light sentence, much less a reduction of the sentence after the fact?”

      The judge issued what she called “statutory guidelines” for sentencing. The Appellate Court said that she erred. Chances are that the trial might have been very different had Renisha been White. For one, other than the car accident, I don’t think we would have heard a blow-by-blow report of what she did the hours before she was killed. Prosecutors might have objected to the toxicology report because the trial was not about the car accident. What we would have probably heard was a blow-by-blow report of what Ted did that evening. Prosecutors would have combed through his debt/credit card purchases for the evening, interviewed the local liquor store clerk, Ted’s co-workers and neighbors, and made him out to be as abrupt and incoherent as he was on the 911 call.

      Like

  6. yahtzeebutterfly

    “Michigan’s top court looking at Theodore Wafer porch shooting trial”
    http://www.freep.com/story/news/local/michigan/wayne/2017/01/25/renisha-mcbride-theodore-wafer-porch/97044498/

    Excerpt:

    “The Michigan Supreme Court is zeroing in on jury instructions in the case of a man who killed an unarmed woman on his porch in Dearborn Heights — a key step that might eventually upset the second-degree murder conviction in the high-profile 2014 trial.

    “Theodore Wafer wanted an instruction that said he shot Renisha McBride because her actions showed she was breaking into his house. The trial judge explained self-defense to jurors but rejected that specific instruction.

    “In an order released Wednesday, the Supreme Court said it will consider whether Wafer’s rights were violated. It’s possible that the court will take no action after reading more briefs or hearing arguments in the weeks ahead.”

    Like

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