UPDATE: 11/15/13, 3:02 P.M. ET
Theodore P. Wafer was arraigned on second-degree murder, manslaughter and felony firearms charges this afternoon at the Dearborn Heights District Court, reports MyFoxDetroit.
Wafer’s bail was set at $250,000, with a preliminary examination set for Dec. 18.
See arraignment below:
Theodore P. Wafer, 54, has been charged with second-degree murder and manslaughter in the shooting death of 19-year-old Renisha McBride.
Wafer shot McBride in the face at approximately 3:40 a.m. Nov. 2, on the front porch of his Dearborn Heights home, located in a predominately White suburb in Detroit. But, according to dispatch records, he waited to 4:40 a.m. to call 911.
Listen to 911 call below:
Wayne County prosecutor Kym Worthy (pictured below) said today in a press conference that Wafer will be asked to turn himself in and will be arraigned today.
Self-defense is legally justified when one has reasonable fear that their life is in danger. There was no sign of forced entry at Wafer’s home, and he unlocked his front screen door before he killed McBride, clearly showing that he was not in fear for his life.
“We obviously do not feel that the evidence in this case reveals that the defendant acted in lawful self defense,”Worthy said.
“Under Michigan law, there is no duty to retreat in your own home, however, someone who claims self defense must honestly and reasonably believe that he is in imminent danger of either losing his life or suffering great bodily harm, and that the use of deadly force is necessary to prevent that harm,” Worthy added in a statement. “This ‘reasonable belief’ is not measured subjectively, by the standards of the individual in question, but objectively, by the standards of a reasonable person.”
As previously reported by HelloBeautiful, Wafer’s attorney Cheryl Carpenter said that his actions were “justified.”
“On that night he was woken up. … Everything was dark in the house, and he was awoken by sounds of a person or persons trying to get into his home,” said Carpenter.
“He called 911 right away,” Carpenter said. “On the night of the shooting, he completely cooperated with police on his own. He went in and made a statement to them.”
“I’m confident when the evidence comes, it will show that my client was justified and acted as a reasonable person would who was in fear for his life.”
McBride’s toxicology results showed that the 19-year-old had a blood-alcohol level of .218 — more than twice the legal limit, reports CBS News. It’s also 10 times the legal amount for drivers under 21 years of age. Marijuana was also detected, but the level was so low it suggests that McBride had not used the drug the day of her death.
Gerald Thurswell, the attorney representing McBride’s family, said the results should have no bearing on the case:
“The bottom line in this whole case is that he was in his house, the door is locked, he has a phone,” said Thurswell of Wafer. “All he had to do was call 911. Maybe she would have been arrested because she was drunk – but she’d be alive.”
Protestors who gathered in front of Dearborn Heights Police headquarters on Thursday, November 7, called the shooting a case of racial profiling and demanded justice for McBride. Organized by Detroit activist Yusef Shakur and Detroit native dream hampton, the predominately Black crowd talked about racial discrimination in the United States and how it leaves our youth unprotected.
“This is about being black in America. I’m here tonight because black life matters,” said Shakur. “We’re here for justice. Black people deserve the same treatment as white people.”
Watch hampton’s video on Renisha McBride below:
Speaking after Renisha’s funeral on Nov. 8, her parents, Monica McBride and Walter Simmons said they have faith in Worthy:
“We believe that Kym Worthy will do the right thing,” said Simmons.