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PostPosted: Sun Nov 17, 2013 5:29 pm 
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Mitch Albom: Restraint needed, please, in divisive Renisha McBride case
By Mitch Albom
Detroit Free Press Columnist
November 17, 2013

Let’s practice saying the sentence.

“We don’t know.”

We will need to say it an awful lot in the coming months, because we may have our own Trayvon Martin case brewing.

The shooting death of a young woman, Renisha McBride, has sides lining up. And after the shooter was charged with second-degree murder, manslaughter and felony firearm on Friday, the rumbling grew louder.

But remember. We don’t know. Say it. We don’t know anything except a woman is dead and a man allegedly shot her. I write “allegedly” — even though no one apparently disputes that — because that is journalistic protocol for how you speak before a case is decided.

We would be wise to use protocol ourselves.

...more at link
http://www.freep.com/article/20131117/C ... ts-detroit

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PostPosted: Sun Nov 17, 2013 8:05 pm 
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From Justice For Ted Wafer
Quote:
How would this case be perceived if instead of hitting a parked car, Ms. McBride hit and killed a pedestrian and fled the scene to avoid the consequences and met with the same end…at Wafer’s door in the middle of the night?

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PostPosted: Mon Nov 18, 2013 12:22 am 
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From Justice For Ted Wafer

Quote:
According to Wafer’s lawyer, Carpenter
“She just attempted to get into his house using the front door and also the side door and so that just scared the hell out of him.”
Renisha was heard at both Wafer’s side door and front door. V.P. on twitter, created this side-by-side comparison of the McBride’s house (left) and Wafer’s house (right). Ms. McBride refused help twice at the crash site and witnesses said she just wanted to go home. It is very possible that Ms. McBride tried to gain access into Mr. Wafer’s home thinking she had made it to her house.
From this report, we learn that when police arrived, Mr. Wafer walked out his side door with his hands out to his side. The shot gun used was a Mossberg 12-gauge pump-action shotgun with a pistol grip and was found inside near the front door. A spent shell casing was near the front door.

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I have enlarged and enhanced the image of ted Wafer's front door.
Image

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PostPosted: Mon Nov 18, 2013 2:03 pm 
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Justice For Ted Wafer
Quote:
Prosecutor Kym Worthy is wrong! Castle Doctrine in Michigan is not only restricted to the home structure itself. It extends to the property line! After reading tonight that my state had extended our Castle Doctrine laws in 2011 to include the immediate area surrounding the exterior of the home (curtilage), I checked and Michigan made the same revision.

http://www.legislature.mi.gov/%28S%28iq ... cl-768-21c

(1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling.

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PostPosted: Mon Nov 18, 2013 2:13 pm 
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I think where the defense is going (and might be 100% truth) is that he had the gun in his hands legally because of Castle Doctrine and as he was attempting to assess the situation something happened and he fired by mistake.


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PostPosted: Mon Nov 18, 2013 2:19 pm 
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It makes "common sense" to me that if a person is in their own home, especially fast asleep at 3-4 AM... then anybody (especially somebody drunk and likely acting erratically) bangs on their door and creates a commotion, then that person has the right to at least arm themselves with a weapon ready to fire (racked and loaded, safety off, finger on trigger).
Furthermore... a person in their own home my well be not be fully alert, may well be in an anxious state to say the least, and so not necessarily make decisions as per the "Monday Morning Quarterbacks" analyzing those actions after the fact.

Clearly NOTHING would have transpired if Drunk McBride had not assailed Wafers home in the early hours of the morning.... it's her fault.

McBride should have kept her drunk ass in her car. (after she crashed it)

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PostPosted: Mon Nov 18, 2013 6:19 pm 
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And I still disagree with you. He is claiming that he fired the gun accidentally. That is not a Self-Defense argument. It has to be one or the other.

I say this because I agree that everyone has a right to defend themselves. People will make this into a gun control issue and, for me, that is not the case.

Look at what we do know. The inner door opens right handed. The outer door was locked. There was a spent shell on the floor which is big to me, too, along with the locked screen door. Look at the damage to the door.

There is no way for that shell to be on the floor unless he reracked that shotgun. If he did that, then where is the "accident?"

IMO. Involuntary/Voluntary Manslaughter. And I do think he was over-charged in an effort to get a plea down. That is something that Prosecutors do and I don't agree with that practice. They should charge what they can prove.


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PostPosted: Mon Nov 18, 2013 6:29 pm 
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He is allowed to RACK his gun? He would be a fool not too?

He did what any reasonable person would do... rack his gun and take safety off and have his finger on the trigger BEFORE opening the door... I would have done exactly the same.... pulling the trigger was "slipsies"... bad break for the drunk... but if she had kept her ass in her crashed car... McBride would have slept peacefully until getting up hours later.. and the drunk would be in jail .. where she belonged (but alive)

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PostPosted: Mon Nov 18, 2013 6:42 pm 
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^^He said it was accidental.

Why rerack? Reracking in fear doesn't play with an accidental shooting. Just IMO. BTW, that gun releases its shells to the right though they say you can use it with either hand. I am a lefty and I would still shoot it right-handed and I suspect he did too looking at the damage on the mid to upper left side of the screen door.

Same as in the autopsy. For that pattern to happen, CMc would have had to have her head tilted slightly to the right. With a 35-36" door, I don't see how he got far enough to the right to still hit her on the side of her face. Just my OPINION. She still has to be 30'+ from the end of the barrel..

Accidental and Self-Defense are two different things. Pick one.

As for her drunk ass in the car... The "crime" "accident" "Intrusion" etc. are going to be the facts in the case. Not what happened 3+ hours earlier.


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PostPosted: Mon Nov 18, 2013 6:48 pm 
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Rerack... reflex.

Accident was pulling the trigger..... accident was NOT having gun ready to fire...that was preparing for self defense... then it was an accident that he pulled trigger (finger twitch while very aroused... BY A DRUNK who inserted herself in his life.

He had EVERY RIGHT to have been left alone to sleep... SHE caused this.

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PostPosted: Mon Nov 18, 2013 7:49 pm 
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Everything you just described as an accident could very well be true. But it is still not Self-Defense. I don't understand why you don't see this. If you claim accident, you cannot claim SD. If you claim SD, you cannot claim accident.


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PostPosted: Mon Nov 18, 2013 8:03 pm 
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Yes, Deb... I am in the "what makes sense" department (Natural JUSTICE).... God knows what lawyers will do with this.

When a guy is in bed, asleep, alone, in his own home... it simply CAN NOT be his fault if some teen pissed out of her tiny brain comes aknockin and a hollerin' on his door... it simply is NOT his fault whatever happens next... it's hers!!

Be nice if he "got off" just from a splodey head Traybot Worrier point of view. :)

:Q37

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PostPosted: Mon Nov 18, 2013 9:09 pm 
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OMGawd... "(Natural JUSTICE)" That sounds more Traybot then anything I have come up with. Really?

:Gslap Can you not see the irony?


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PostPosted: Mon Nov 18, 2013 9:16 pm 
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Not really.... I think it was Natural Justice that GZ should not be convicted for shooting a guy who attacked him (self defence) In the same way (sort of) I think Wafer had a natural right to arm himself (to the point of a hairs breath of a lethal trigger squeeze). IF he is silly enough to say... "I saw it was a drunk girl and decided to shoot her" that is quite different of course... but an "accidental" trigger squeeze in the circumstances described.. and him claiming accidental discharge is another.

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PostPosted: Tue Nov 19, 2013 1:02 am 
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The McBride/Wafer case has one glaring difference. It is in the physical confrontation.

And you are right that Wafer had the right to arm himself. But before anyone starts screaming about how "they" want to take away our guns, there is a point to be make about the responsibility of owning a firearm. Drilled into one and all who shoot. You never put your finger on the trigger unless you are ready to shoot.

If being drunk and belligerent and on someone's doorstep, whether they knew them or not, I would have died a hundred times.


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PostPosted: Tue Nov 19, 2013 1:14 am 
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I take your point Deb. With the RIGHT to own a gun comes responsibility.

But.............. when you invade somebody's home... you take what you find... could be the owner is insane or drunk himself. I still feel YOU initiate the situation. A bit like jumping into a Tiger enclosure :)

Or perhaps a better analogy is being drunk and jumping into a zoo enclosure not knowing what animal is in there... could be a tiger or a tortoise.

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PostPosted: Tue Nov 19, 2013 11:30 am 
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What invasion?


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PostPosted: Tue Nov 19, 2013 1:40 pm 
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If I needed help, I would never expect someone to open their door to me with a gun in their hand. (I'd probably faint!) I've always lived in somewhat "safe" neighborhoods in the suburbs and people seem to think I'm harmless (mostly). Makes me wonder why she seemed like such a threat or did he just live in a very dangerous neighborhood where everyone seems like a threat?

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PostPosted: Tue Nov 19, 2013 1:45 pm 
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Mal... get real!
This not a situation with somebody politely knocking on a neighbors door... asking to borrow a cup of sugar.

This is 3 - 4 AM...AT NIGHT... and (we think) banging on the door and awakening somebody.
TOTALLY different situations.... I have people knocking on my door from time to time... not a problem... but in the situation described (if I could) I would arm myself with the shotgun... locked and loaded.


Deb, The drunk invading Wafers home... waking him from his bed?

Playing semantics does not change the point... SHE impinged on HIS life... minding his own business in his own home. But for HER he would have remained asleep.

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PostPosted: Tue Nov 19, 2013 2:28 pm 
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This case is providing a wealth of Daft for the daft thread :)

My old friend "pixies" is having a lot of fun in amongst the dopes as well :)

pixies wrote:
exactly, that is the fact. The truth is she is dead because of her own actions yet the race card has been thrown down and people are once again jumping the 'OMG RACISM' bandwagon instead of looking at this from all sides.

She is dead because she was drunk, stoned, running from the police and trespassing while trying to gain access to an innocent man's home.

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