153828 - People v Theodore Paul Wafer
Attorney Information
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The
People of the State of Michigan,
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Timothy A. Baughman
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Plaintiff-Appellee,
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v
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(Appeal from Ct of Appeals)
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(Wayne – Hathaway, D.)
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Theodore Paul Wafer,
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Jacqueline J. McCann
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Defendant-Appellant.
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Order Link
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Summary
Page Content
In the early morning hours of November 2, 2013,
19-year-old Renisha McBride, appeared at the defendant’s Dearborn Heights home a
few hours after being involved in a car accident. She pounded on the doors of
the home—alternating between the front and side doors. The defendant woke up
startled and retrieved a firearm he kept in his home. He would later tell the
police that, when he opened the front door, McBride ran at him and he
discharged his weapon, killing her. He called 9-1-1. In speaking with the
police, the defendant gave inconsistent versions of the incident. At a trial on
charges of second-degree murder, statutory manslaughter, and felony-firearm,
the defendant claimed that he acted in self-defense, believing that someone was
trying to break into his home. The jury found the defendant guilty of all
charges. The Court of Appeals, in a split decision, affirmed. The Supreme Court
has directed oral argument to address whether the trial court erred by denying
the defense request for a jury instruction on the rebuttable presumption of MCL
780.951, which applies when a defendant uses deadly force against an individual
who is in the process of breaking into the defendant’s dwelling, and, if there
was instructional error, whether it was harmless.