DEARBORN HEIGHTS, Mich. (AP) — A Detroit-area man who fatally shot a drunk, unarmed woman on his porch will stand trial for second-degree murder, a judge said Thursday, rejecting a self-defense argument for the killer’s “bad choice.”
There is no dispute that Theodore Wafer shot Renisha McBride, 19, through the screen of his front door in the early hours of Nov. 2. His attorneys said the 54-year-old man feared for his life, but Dearborn Heights Judge David Turfe said there were other ways to protect himself, including a phone call for help.
“This court recognizes you can’t automatically penalize someone for making a bad decision when pressed to react quickly,” the judge said. “But at the same time we can’t allow one to use a bad decision as a shield to criminal prosecution.
“The defendant made a bad choice when there were other reasonable opportunities,” Turfe said.
The standard for a court to order someone to trial in Michigan is not as high as beyond a reasonable doubt, which is the common, traditional threshold to win a criminal conviction. Prosecutors must show only a portion of their evidence at this stage. Indeed, Wafer apparently made a one-hour recorded statement to police, but it was not introduced, despite efforts by his lawyers.
Defense attorney Cheryl Carpenter said Wafer didn’t intend to kill McBride, only protect himself. She referred to Michigan’s 2006 self-defense law.
“If someone is breaking into a home there is a presumption that a homeowner can use deadly force,” she argued.
“You don’t know how many people are out there. … There’s violent banging on the front door. We have a man alone in his home,” Carpenter said.
But Wayne County assistant prosecutor Danielle Hagaman-Clark said it’s “ridiculous” to believe that Wafer was deeply afraid yet still decided to open the door and fire instead of first calling Dearborn Heights police.
“He shoved that shotgun in her face and pulled the trigger,” Hagaman-Clark said.