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State of Michigan v. Theodore Wafer
Date: 08-07-2014
Case Number: 14-000152-01-FC
Judge: Dana Margaret Hathaway
Court: Third Judicial Circuit Court, Wayne County, Michigan
Plaintiff's Attorney: Patrick Muscat
Defendant's Attorney: Cheryl A. Carpenter
Description:
The State of Michigan charged Theodore Wafer, age 55, with second-degree murder as a result of him shooting and killing Renisha McBride, age 19, during the early morning hours of November 2, 2013. Ms. McBride, who was apparently intoxicate, had wreck her car and was knocking on Mr. Wafer's front door. He opened the door and shot her with a shotgun through the screen door killing her.
Defendant asserted self defense to the charge claiming that he was fearful.
Circuit Court Docket Entries for this case:
11/15/2013
Plea (Judicial Officer: Plawecki, Mark J)
1. Homicide - Murder - Second Degree
Defendant Stand Mute: Plea of Not Guilty Entered by Court
2. Homicide - Manslaughter - Death By Weapon Aimedwith Intent But Without Malice
Defendant Stand Mute: Plea of Not Guilty Entered by Court
3. Weapons Felony Firearm
Defendant Stand Mute: Plea of Not Guilty Entered by Court
08/07/2014
Disposition (Judicial Officer: Hathaway, Dana Margaret)
1. Homicide - Murder - Second Degree
Found Guilty by Jury
2. Homicide - Manslaughter - Death By Weapon Aimed with Intent But Without Malice
Found Guilty by Jury
3. Weapons Felony Firearm
Found Guilty by Jury
OTHER EVENTS AND HEARINGS
11/15/2013 Recommendation for Warrant
11/15/2013 Warrant Signed
11/15/2013 Arraignment on Warrant (9:00 AM) (Judicial Officer Plawecki, Mark J)
Parties Present
Result: Defendant Stands Mute; Plea Of Not Guilty Entered By Court
11/15/2013 Interim Condition for Wafer, Theodore Paul
- 10% or Cash or Surety
$250,000.00
12/18/2013 Preliminary Examination (9:00 AM) (Judicial Officer Turfe, David D.)
Parties Present
Result: In Progress
12/19/2013 Preliminary Examination (9:00 AM) (Judicial Officer Turfe, David D.)
Parties Present
Result: Held: Bound Over
12/19/2013 Bond Continued (Judicial Officer: Turfe, David D. )
12/19/2013 Bound Over (Judicial Officer: Turfe, David D. )
12/23/2013 Bindover Packet
01/15/2014 Arraignment On Information (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Parties Present
Result: Defendant Stands Mute; Plea Of Not Guilty Entered By Court
01/15/2014 Bond Continued (Judicial Officer: Lillard, Qiana Denise )
01/16/2014 Order For Production Of Exam Transcript Signed and Filed
Vol./Book 2
01/28/2014 PE PDF Transcript, filed
Vol./Book 1 310 pages
01/29/2014 PE PDF Transcript, filed
Vol./Book 1 55 pages
03/24/2014 Motion
03/24/2014 Motion
03/24/2014 Motion
03/27/2014 Motion
03/28/2014 Motion
03/28/2014 Motion
04/04/2014 Final Conference (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Parties Present
Result: Held
04/04/2014 Motion Hearing (9:00 AM) (Judicial Officer Kenny, Timothy M.)
Parties Present
Result: Continued
04/04/2014 Motion To Disqualify/Recuse Judge (Judicial Officer: Lillard, Qiana Denise )
04/04/2014 Heard And Denied - Order Signed and Filed (Judicial Officer: Lillard, Qiana Denise )
04/25/2014 Motion Hearing (9:00 AM) (Judicial Officer Kenny, Timothy M.)
Parties Present
Result: Held
04/25/2014 Motion (Judicial Officer: Kenny, Timothy M. )
04/25/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Kenny, Timothy M. )
04/25/2014 Pre-Trial (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
04/30/2014 Calendar Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
06/02/2014 CANCELED Jury Trial (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Adjourned:At The Request Of The Court
06/02/2014 Motion
06/13/2014 CANCELED Motion Hearing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Adjourned at the Request of the Defense
06/13/2014 Motion Withdrawn
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Filed
06/20/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Continued
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Denied - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
06/26/2014 Reset by Court to 06/27/2014
Result: Continued
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Filed
06/30/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion To Quash Information (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion
07/08/2014 Motion Hearing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
07/08/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
07/11/2014 Filed
07/21/2014 Jury Trial (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/22/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/23/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/23/2014 Filed
07/23/2014 Filed
07/23/2014 Filed
07/23/2014 Motion
07/24/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Result: In Progress
07/28/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/29/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/30/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/31/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/31/2014 Notice of Transcript Filed
Vol./Book 2 137 pages
07/31/2014 Motion For A Directed Verdict Of Not Guilty (Judicial Officer: Hathaway, Dana Margaret )
08/04/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
08/05/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
08/05/2014 Notice of Transcript Filed
Vol./Book 1 57 pages
08/06/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Result: In Progress
08/07/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
08/07/2014 Found Guilty By Jury (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Refer to Probation For Pre-Sentence Report (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Order For DNA Sample (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Motion To Cancel Bond (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Interim Condition for Wafer, Theodore Paul
- Remand
08/21/2014 Sentencing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Section 750.317 of The Michigan Penal Code provides:
Second degree murder—All other kinds of murder shall be murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same.
Defendant asserted self defense to the charge claiming that he was fearful.
Circuit Court Docket Entries for this case:
11/15/2013
Plea (Judicial Officer: Plawecki, Mark J)
1. Homicide - Murder - Second Degree
Defendant Stand Mute: Plea of Not Guilty Entered by Court
2. Homicide - Manslaughter - Death By Weapon Aimedwith Intent But Without Malice
Defendant Stand Mute: Plea of Not Guilty Entered by Court
3. Weapons Felony Firearm
Defendant Stand Mute: Plea of Not Guilty Entered by Court
08/07/2014
Disposition (Judicial Officer: Hathaway, Dana Margaret)
1. Homicide - Murder - Second Degree
Found Guilty by Jury
2. Homicide - Manslaughter - Death By Weapon Aimed with Intent But Without Malice
Found Guilty by Jury
3. Weapons Felony Firearm
Found Guilty by Jury
OTHER EVENTS AND HEARINGS
11/15/2013 Recommendation for Warrant
11/15/2013 Warrant Signed
11/15/2013 Arraignment on Warrant (9:00 AM) (Judicial Officer Plawecki, Mark J)
Parties Present
Result: Defendant Stands Mute; Plea Of Not Guilty Entered By Court
11/15/2013 Interim Condition for Wafer, Theodore Paul
- 10% or Cash or Surety
$250,000.00
12/18/2013 Preliminary Examination (9:00 AM) (Judicial Officer Turfe, David D.)
Parties Present
Result: In Progress
12/19/2013 Preliminary Examination (9:00 AM) (Judicial Officer Turfe, David D.)
Parties Present
Result: Held: Bound Over
12/19/2013 Bond Continued (Judicial Officer: Turfe, David D. )
12/19/2013 Bound Over (Judicial Officer: Turfe, David D. )
12/23/2013 Bindover Packet
01/15/2014 Arraignment On Information (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Parties Present
Result: Defendant Stands Mute; Plea Of Not Guilty Entered By Court
01/15/2014 Bond Continued (Judicial Officer: Lillard, Qiana Denise )
01/16/2014 Order For Production Of Exam Transcript Signed and Filed
Vol./Book 2
01/28/2014 PE PDF Transcript, filed
Vol./Book 1 310 pages
01/29/2014 PE PDF Transcript, filed
Vol./Book 1 55 pages
03/24/2014 Motion
03/24/2014 Motion
03/24/2014 Motion
03/27/2014 Motion
03/28/2014 Motion
03/28/2014 Motion
04/04/2014 Final Conference (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Parties Present
Result: Held
04/04/2014 Motion Hearing (9:00 AM) (Judicial Officer Kenny, Timothy M.)
Parties Present
Result: Continued
04/04/2014 Motion To Disqualify/Recuse Judge (Judicial Officer: Lillard, Qiana Denise )
04/04/2014 Heard And Denied - Order Signed and Filed (Judicial Officer: Lillard, Qiana Denise )
04/25/2014 Motion Hearing (9:00 AM) (Judicial Officer Kenny, Timothy M.)
Parties Present
Result: Held
04/25/2014 Motion (Judicial Officer: Kenny, Timothy M. )
04/25/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Kenny, Timothy M. )
04/25/2014 Pre-Trial (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
04/30/2014 Calendar Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
06/02/2014 CANCELED Jury Trial (9:00 AM) (Judicial Officer Lillard, Qiana Denise)
Adjourned:At The Request Of The Court
06/02/2014 Motion
06/13/2014 CANCELED Motion Hearing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Adjourned at the Request of the Defense
06/13/2014 Motion Withdrawn
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Motion
06/13/2014 Filed
06/20/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Continued
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Denied - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/20/2014 Heard And Granted - Order Signed and Filed (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
06/26/2014 Reset by Court to 06/27/2014
Result: Continued
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/27/2014 Filed
06/30/2014 Final Conference (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion in Limine (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion To Quash Information (Judicial Officer: Hathaway, Dana Margaret )
06/30/2014 Motion
07/08/2014 Motion Hearing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
07/08/2014 Motion (Judicial Officer: Hathaway, Dana Margaret )
07/11/2014 Filed
07/21/2014 Jury Trial (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/22/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/23/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/23/2014 Filed
07/23/2014 Filed
07/23/2014 Filed
07/23/2014 Motion
07/24/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Result: In Progress
07/28/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/29/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/30/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/31/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
07/31/2014 Notice of Transcript Filed
Vol./Book 2 137 pages
07/31/2014 Motion For A Directed Verdict Of Not Guilty (Judicial Officer: Hathaway, Dana Margaret )
08/04/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
08/05/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: In Progress
08/05/2014 Notice of Transcript Filed
Vol./Book 1 57 pages
08/06/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Result: In Progress
08/07/2014 Jury Trial in Progress (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Parties Present
Result: Held
08/07/2014 Found Guilty By Jury (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Refer to Probation For Pre-Sentence Report (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Order For DNA Sample (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Motion To Cancel Bond (Judicial Officer: Hathaway, Dana Margaret )
08/07/2014 Interim Condition for Wafer, Theodore Paul
- Remand
08/21/2014 Sentencing (9:00 AM) (Judicial Officer Hathaway, Dana Margaret)
Section 750.317 of The Michigan Penal Code provides:
Second degree murder—All other kinds of murder shall be murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same.
Outcome:
1. Homicide - Murder - Second Degree
Found Guilty by Jury
2. Homicide - Manslaughter - Death By Weapon Aimed with Intent But Without Malice
Found Guilty by Jury
3. Weapons Felony Firearm
Found Guilty by Jury
Found Guilty by Jury
2. Homicide - Manslaughter - Death By Weapon Aimed with Intent But Without Malice
Found Guilty by Jury
3. Weapons Felony Firearm
Found Guilty by Jury
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Michigan v. Theodore Wafer?
The outcome was: 1. Homicide - Murder - Second Degree Found Guilty by Jury 2. Homicide - Manslaughter - Death By Weapon Aimed with Intent But Without Malice Found Guilty by Jury 3. Weapons Felony Firearm Found Guilty by Jury
Which court heard State of Michigan v. Theodore Wafer?
This case was heard in Third Judicial Circuit Court, Wayne County, Michigan, MI. The presiding judge was Dana Margaret Hathaway.
Who were the attorneys in State of Michigan v. Theodore Wafer?
Plaintiff's attorney: Patrick Muscat. Defendant's attorney: Cheryl A. Carpenter.
When was State of Michigan v. Theodore Wafer decided?
This case was decided on August 7, 2014.