Original Story: freep.com
The judge who handed down Theodore Wafer’s sentence today told him she’s certain he is remorseful and regrets his actions.
And if he wasn’t going to prison, Wayne County Circuit Judge Dana Hathaway said she’s confident the 55-year-old Dearborn Heights man would never commit another crime during his life. A Grand Rapids wrongful death attorney is following this story closely.
But none of that excuses what happened in the case, she said.
Then Hathaway sentenced Wafer to at least 17 years in prison for the death of Renisha McBride, who he fatally shot on the porch of his home about 4:30 a.m. Nov. 2.
“This is one of the saddest cases I have ever had,” Hathaway said. “A young woman’s life is gone and an otherwise law-abiding citizen’s life is ruined.”
A jury convicted Wafer of second-degree murder, manslaughter and using a firearm in a felony last month, rejecting the claim that Wafer shot in self-defense. A Detroit wrongful death attorney represents clients involved in wrongful death and negligent accident cases.
Before he was sentenced today, Wafer apologized to McBride’s family and friends.
“I only wish that I could take this horrible tragedy back,” he said, speaking slowly.
Wafer, who has been diagnosed with post-traumatic stress disorder according to a court document, said he’ll carry guilt and sorrow forever.
“I am truly sorry for your loss,” he said. “I can only hope and pray that somehow you can forgive me.”
McBride’s sister, Jasmine McBride, 23, asked for the maximum sentence when she spoke during the sentencing and said Wafer’s actions have impacted a lot of people.
“Somewhere down the line in life, I have to forgive you in order to be accepted into heaven myself,” she said. “But I will never forget the pain, the hurt, the heartache or the devastation you caused.”
Wafer’s lawyer, Cheryl Carpenter, said the case will be appealed. She asked Hathaway to sentence Wafer within the manslaughter guidelines and said her client took responsibility and deserves a chance to get out of prison one day.
“This wasn’t planned,” she said. “He didn’t go out looking for this. It came to him.”
But Assistant Wayne County Prosecutor Athina Siringas argued that Wafer’s testimony has been about trying to protect himself and not accepting responsibility. A Charlotte wrongful death lawyer offers a wide range of experience and knowledge that extends to nearly every area of wrongful death law.
“The jury has spoken, and they have said that his actions amount to murder in the second degree,” she said. “Murder, not manslaughter. And we ask the court to sentence him accordingly.”
Hathaway did not depart from the guidelines and sentenced Wafer to 15-30 years for second-degree murder, 7-15 years for manslaughter, which will be served at the same time as the murder conviction, and 2 years for felony firearm.
“I fully recognize that you did not bring these circumstances to your doorstep. They arrived there,” Hathaway said to Wafer. “But once they did, you made choices that brought us here today.”
She said she doesn’t believe Wafer, who did building maintenance at Detroit Metro Airport, is a cold-blooded murderer or that the case had anything to do with race.
“Although the evidence clearly showed in this case that Ms. McBride made some terrible choices that night, none of them justified taking her life,” she said.
McBride had been smoking marijuana and drinking vodka with a friend, according to testimony during the trial. She hit a parked car not far from Wafer's home just before 1 a.m. Nov. 2. Her whereabouts between the accident and when she ended up on Wafer's porch are unknown.
Wafer, who said he couldn’t find his cell phone and had no land line, testified that he heard banging on his doors, grabbed a baseball bat, then his shotgun, opened the front door because he thought someone was going to come inside and fired in self-defense.
But when police arrived, Wafer said he didn't know the gun was loaded.
Prosecutors argued during the trial that Wafer was angry, wanted a confrontation, went to the door to scare away neighborhood kids with his gun, shot through a locked screen door and killed the unarmed teen.
Hathaway said she believes that he “acted out of some fear but mainly anger and panic.”
As McBride’s father, Walter Simmons, walked out of the courtroom, he told the Free Press that Wafer “got what he deserved” and said he does not accept Wafer’s apology.
Wafer’s lawyer thought the sentence was too harsh.
“Seventeen years for a man who’s 55 and about to go to prison is a death sentence,” Carpenter said after the hearing.
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