Over At Legal insurrection, Andrew Branca has an interesting revelation about the Renisha McBride shooting case.
One of the most interesting things that came out of the preliminary exam is that the police put the screen door back into place before photographing it.
After reading Mr. Branca's article you'll note that putting the screen back up makes for a ridiculous and unwieldy shooting angle.
As such, it is likely that Ms. McBride may have already broken the screen trying to get into the house before she was shot.
As such there may be somewhat of a tenuous self-defense claim here, as well explained by Mr. Branca if his scenario is correct, but it seems that the statement that it was an accidental shooting is probably going to get the shooter a manslaughter conviction.
4 comments:
The problem here is one that many other cities are familiar with first-hand: If the facts turn sufficiently to absolve Wafer, there will be cries of racism and associated violence and rioting by the Usual Suspects. Knowing that, even if the facts suggest that Wafer is not guilty of murder, we can expect the Wayne County Prosecutor to try for a conviction on that charge no matter what. And for precedent, we merely have to look back to the Budzyn and Nevers case where then-Mayor Coleman Young accused the officers of murder before their trial and later admitted that he was wrong to do so but justified in that he prevented a riot by sacrificing those two officers. The prosecuting attorney in that case: Wayne County's current Prosecutor, Kym Worthy.
Yikes. That's new info to me and I expect does not bode well for Branca. This case has carried a distinct odor from the very beginning.
ML: Yeah he's got quite the deck stacked against him. His alleged statement that it was an accident really doesn't help.
Six: Yeah unfortunately the shooter in this case Wafer (not Branca - he's the author of the blog post over at LI) has quite a set of bad facts to deal with - his statement the shooting was accidental, the fact that she hadn't made it inside yet and wasn't armed, and Kim Worthy wants his head on a pig-pole for racial peace and harmony, hence the overcharge if 2nd degree rather than manslaughter.
There are scenarios where this situation could indeed be a case of self-defense, but it looks darn iffy so far.
Doh! I need a keeper or at least a proofreader.
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