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Justice for the family of Reneisha McBride - 9/3/2014 12:13:06 PM   
Lucylastic


Posts: 40310
Status: offline 		Michigan man who shot Renisha McBride on porch gets 17-32 years
http://www.latimes.com/nation/nationnow/la-na-nn-porch-killer-sentenced-20140903-story.html

an who shot and killed Renisha McBride while she was knocking on his door just before dawn in a Detroit suburb was sentenced to 17 to 32 years in prison after an emotional hearing that had both the defense attorney and a judge in tears as emotional family members looked on.

Theodore Wafer, 55, who was convicted last month of second-degree murder for shooting 19-year-old Renisha McBride in the face, read a short apology.

"To the parents, family and friends of Renisha McBride, I apologize from the bottom of my heart and I am truly sorry for your loss. I can only hope and pray," he said tearing up, "that somehow you can forgive me."

Judge Dana M. Hathaway then sentenced Wafer to 15 to 30 years in prison, plus two consecutive years for the gun crime.

McBride’s sister and father both read short statements before the sentencing; her father also read a statement from a younger sister who she said was having panic attacks and couldn’t attend the hearing.

“Many days I think about the good times we shared and how it was cut short by a person's cowardly actions,” said McBride’s sister, Jasmine McBride. "I was taught to apologize when I made a mistake or an accident. Never once had I heard Mr. Wafer send his condolences.... I find it very hard to believe that his actions were an accident."

Defense attorney Cheryl Carpenter argued with prosecutors before the sentencing, reminding Judge Dana M. Hathaway that this was not a premeditated murder.

“He has never been so afraid in his life,” Carpenter said. “He was in an extreme emotional state.... It is Mr. Wafer’s state of mind that you need to look at.”

Carpenter presented a number of reasons that the judge could give a lesser sentence, including Wafer’s age, 55, arguing that 17 years was a “death sentence.” She also said that he could be rehabilitated -- and that the jury didn’t want him to die in prison.

“They don’t think he's a bad guy,” she said, tearing up. “They don’t want a life sentence, they told you that.”
Prosecutors had recommended a sentence of 17 years. Wafer was found guilty of second-degree murder, which carries a minimum sentence of 15 years, plus two for a gun crime.



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RE: Justice for the family of Reneisha McBride - 9/3/2014 12:27:21 PM   
Maybeher


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Status: offline 		I don't get what jail will do... Won't stop the family from hurting

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RE: Justice for the family of Reneisha McBride - 9/3/2014 12:37:33 PM   
littleladybug


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Status: offline 		So, he got the minimum sentence.

Call me jaded, but I think that the family will feel that justice *really* has been served when they get a multi-million dollar judgment in the civil case. (Not that they'd be likely to collect...but even the prospect of a payoff for someone's death seems to make people feel a bit better about a situation.) A ten million dollar civil suit, really? Black, white, purple....I have a very hard time taking people's sadness at the loss of a loved one seriously when a criminal case has ended in incarceration, and the "civil case" is just around the corner. IMO, it's one thing if the death was of the breadwinner in a family, and the monetary loss can be "proven". But, in this case? Not so much.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 12:50:06 PM   
Lucylastic


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quote:

ORIGINAL: Maybeher

I don't get what jail will do... Won't stop the family from hurting

Nothing can bring her back,
But should a man who took her life walk free?
Why?

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RE: Justice for the family of Reneisha McBride - 9/3/2014 12:53:15 PM   
MrRodgers


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Status: offline 		Well a minimum sentence serves to perpetuate the American culture of guns and shooting first and asking questions later.

Just like Missouri police, (and others) just like Zimmerman and just like just about anybody else who just feels, hell when in doubt fuck it...shoot em.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 1:00:22 PM   
littleladybug


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quote:

ORIGINAL: MrRodgers

Well a minimum sentence serves to perpetuate the American culture of guns and shooting first and asking questions later.

Just like Missouri police, (and others) just like Zimmerman and just like just about anybody else who just feels, hell when in doubt fuck it...shoot em.


Is Zimmerman in jail now?

A minimum sentence, which in this case is 17 years, takes into consideration all of the particular facts of the case....as would any sentence where a judge has discretion.

Do you really think 17 years in prison is a "slap on the wrist"? All things considered?

Crap...if I were in Michigan right now, I'd be rethinking sitting on my porch with my shotgun.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 1:49:12 PM   
DomKen


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Status: offline 		What this sentence serves to do is to emphatically say that in some corners of this nation it is not yet enough to simply claim that you were afraid for your life and then kill someone. There has to be an actual threat to you before you take a human life.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 1:54:58 PM   
BamaD


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Hate to burst the anti gun bubble but conviction seems like the only reasonable outcome of this case.
What seems to have been forgotten in the joy of this conviction is that the need is for not just fear but a reasonable fear. It did not exist in this case.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 5:48:57 PM   
thishereboi


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quote:

ORIGINAL: BamaD

FR
Hate to burst the anti gun bubble but conviction seems like the only reasonable outcome of this case.
What seems to have been forgotten in the joy of this conviction is that the need is for not just fear but a reasonable fear. It did not exist in this case.



Yes, I really couldn't see it ending in him going free.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 9:47:15 PM   
TheHeretic


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Anybody know the breakdown on how Michigan calculates time served and parole eligibility?

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RE: Justice for the family of Reneisha McBride - 9/3/2014 10:42:49 PM   
MistressKel


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quote:

ORIGINAL: TheHeretic
Anybody know the breakdown on how Michigan calculates time served and parole eligibility?

Michigan has a 'Truth in Sentencing' law that means the minimum is exactly the time on the sentence. He will be 'eligible' for parole every 5 years from the start of his sentence, but the only person that has been released before their minimum sentence since that law took effect was Jack Kevorkian. He will be truly eligible for parole at the end of his minimum sentence but he is pretty much guaranteed another 2 years due to the fact that is was a violent crime(1 year) and a life was lost(also 1 year). So expect him to get out in 19 years if he minds his manners inside.

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RE: Justice for the family of Reneisha McBride - 9/3/2014 11:01:39 PM   
TheHeretic


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From: California, USA
Status: offline 		Thank you. I was hoping it wouldn't be California style.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 6:16:24 AM   
thishereboi


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quote:

ORIGINAL: MistressKel

quote:

ORIGINAL: TheHeretic
Anybody know the breakdown on how Michigan calculates time served and parole eligibility?

Michigan has a 'Truth in Sentencing' law that means the minimum is exactly the time on the sentence. He will be 'eligible' for parole every 5 years from the start of his sentence, but the only person that has been released before their minimum sentence since that law took effect was Jack Kevorkian. He will be truly eligible for parole at the end of his minimum sentence but he is pretty much guaranteed another 2 years due to the fact that is was a violent crime(1 year) and a life was lost(also 1 year). So expect him to get out in 19 years if he minds his manners inside.



Yea, that sounds like what I was told. A friend of mine just got sentenced and we have been reading the charges trying to figure out how long he will be gone. His longest min was 18 years, yet the min release date they are showing says 2044 which is 30 years. I looked for this guy on the michigan doc site but he isn't showing up yet.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 8:08:46 AM   
cloudboy


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Joined: 12/14/2005
Status: offline 		These are difficult cases. I'm not sure how to treat trigger-happy gun owners who have irrational fears.

One thing is very clear in this case -- that the downside of owning a gun cost this man his life. Without a gun in the house, he'd have had to take a different tack and a tragedy could have been avoided.

Mostly bad things happen with a gun around -- especially when you're using it to protect yourself from strangers.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 9:36:34 AM   
BamaD


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quote:

ORIGINAL: cloudboy

These are difficult cases. I'm not sure how to treat trigger-happy gun owners who have irrational fears.

One thing is very clear in this case -- that the downside of owning a gun cost this man his life. Without a gun in the house, he'd have had to take a different tack and a tragedy could have been avoided.

Mostly bad things happen with a gun around -- especially when you're using it to protect yourself from strangers.

You know that this case is the exception, not the rule.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 10:10:19 AM   
cloudboy


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The evidence seems to suggest the opposite -- that more bad things happen with guns in the house than the opposite.

-----

(1) It is unknown whether keeping a firearm in the home confers protection against crime or, instead, increases the risk of violent crime in the home. To study risk factors for homicide in the home, we identified homicides occurring in the homes of victims in three metropolitan counties.

(2) During the study period, 1860 homicides occurred in the three counties, 444 of them (23.9 percent) in the home of the victim. After excluding 24 cases for various reasons, we interviewed proxy respondents for 93 percent of the victims. Controls were identified for 99 percent of these, yielding 388 matched pairs. As compared with the controls, the victims more often lived alone or rented their residence. Also, case households more commonly contained an illicit-drug user, a person with prior arrests, or someone who had been hit or hurt in a fight in the home. After controlling for these characteristics, we found that keeping a gun in the home was strongly and independently associated with an increased risk of homicide (adjusted odds ratio, 2.7; 95 percent confidence interval, 1.6 to 4.4). Virtually all of this risk involved homicide by a family member or intimate acquaintance.

(3) The use of illicit drugs and a history of physical fights in the home are important risk factors for homicide in the home. Rather than confer protection, guns kept in the home are associated with an increase in the risk of homicide by a family member or intimate acquaintance.



http://www.nejm.org/doi/full/10.1056/NEJM199310073291506

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RE: Justice for the family of Reneisha McBride - 9/4/2014 10:20:56 AM   
BamaD


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Status: offline 		The use of illicit drugs and a history of physical fights in the home are important risk factors for homicide in the home.

This, and not guns, is the major problem.

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Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 10:28:37 AM   
cloudboy


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No, the "fights" and "drugs" don't result in homicides, they result in lesser maladies. The guns are the problem. Guns are bad for people. To be safe, you'd really have to lock them away.

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RE: Justice for the family of Reneisha McBride - 9/4/2014 10:50:09 AM   
lovmuffin


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quote:

ORIGINAL: cloudboy


No, the "fights" and "drugs" don't result in homicides, they result in lesser maladies. The guns are the problem. Guns are bad for people. To be safe, you'd really have to lock them away.


I believe the use of illicit drugs and domestic violence (fights) disqualifies one from posessing a firearm. Since there is already a law in place, what would you suggest we do to fix this ?

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RE: Justice for the family of Reneisha McBride - 9/4/2014 11:12:36 AM   
BamaD


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quote:

ORIGINAL: cloudboy


No, the "fights" and "drugs" don't result in homicides, they result in lesser maladies. The guns are the problem. Guns are bad for people. To be safe, you'd really have to lock them away.

You may be unaware of this, or just ignoring it because it doesn't fit your narrative, but domestic violence gets more intense regardless of tools. Just ask Nichole Brown.

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Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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