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