By ZEINAB NAJM
DEARBORN — The Michigan Supreme Court is revisiting the November 2013 Dearborn Heights porch shooting case where Renisha McBride was shot and killed by Ted Wafer.
Arguments will be heard by the court during its 2020-21 term, which beings in the fall.
The issue is whether Wafer’s constitutional rights against double jeopardy were violated when he was convicted of second-degree murder and manslaughter of McBride, according to the Associated Press.
Wafer’s attorney Jacqueline McCann is arguing that murder and manslaughter contradict each other because murder requires malice while manslaughter doesn’t under Michigan law.
“The jurors were not instructed in a manner that would allow them to discern that,” McCann said in a court filing.
The Wayne County Prosecutor’s Office said the manslaughter conviction is distinctive and should stand because it specifically requires a gun.
McCann however, wants the court to throw out the manslaughter conviction, the AP reported.
If so, Wafter could be eligible for a new sentence because his sentencing guidelines for murder were enchanced by the manslaughter verdict.
The incident occurred in November 2013 when McBride was shot and killed on Wafer’s front porch after she reportedly crashed her vehicle and was searching for help.
McBride had marijuana and alcohol in her system at the time of the incident. Wafer said he shot McBride in self-defense because he thought she was trying to break into his house in the 16800 block of Outer Drive at 4:40 a.m.
He was sentenced to at least 17 years in prison for the crimes and two years for using a gun during the shooting. Wafer would be eligible for parole in 2031 after serving 17 years.
In June 2015, McBride’s family agreed to an undisclosed financial settlement which was not released due to a confidentially agreement.
(Zeinab Najm can be reached at [email protected])