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PostPosted: Sun Jul 27, 2014 7:30 pm 
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H/T renewsit...

Renisha McBride could have gone to her Aunt's House less than one block away

Kay Lumpkin Shell is Renisha's great Aunt. She lives at 7288 Bramell. The wreck happened on the same street, about 10 houses down at 7233 Bramell.

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PostPosted: Sun Jul 27, 2014 8:19 pm 
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Google Map - Wafer/McBride Case

I have created an interactive Google map showing key locations.

WALK the scene with "Street View"

http://goo.gl/maps/yWyYZ

Screen shot (not interactive)
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PostPosted: Mon Jul 28, 2014 2:22 pm 
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Davonta Bynes House MkII??


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PostPosted: Mon Jul 28, 2014 6:10 pm 
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PostPosted: Mon Jul 28, 2014 9:30 pm 
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Witnesses and Testimony in the Renisha McBride Murder Trial

STATE WITNESSES

Day 1 of Trial

Witness #1 – Monica McBride
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Witness #2 – Amber Jenkins
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Witness #3 – Carmen Beasley
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Witness #4 – Ruben Gonzalez
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Day 2 of Trial

Witness #5 – Rory McManmon
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Witness #6 – Syphonia Page
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Witness #7 – Paris Pace
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Witness #8 – Valentine Peppers
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Witness #9 – Tim Zawacki
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Witness #10 – Mark Parrinello
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Day 3 of the Trial

Witness #11 – Davonta Bynes
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Witness #12 – Ray Murad
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Witness #13 – Kevin Lucidi
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Witness #14 – Wade Higgason
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Witness #15 – Stan Brue
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Witness #16 – Cyndi Maxwell
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Witness #17 – Jennifer Rizk
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Witness #18 – Alison Riviera-Papillo
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Witness #19 – Heather Vitta
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Day 4 of Trial

Witness #20 – James Bivens Jr.
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Witness #21- Shawn Kolonich
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Witness #22 – Stephen Gurka
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The prosecution recalls Witness #1 – Monica McBride
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Witness #23 – Kilak Kesha
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:::The Prosecution Rests:::

Defense asks for a directed verdict of not guilty - DENIED by Judge Hathaway



DEFENSE WITNESSES

Defense Witness #1 – Werner Spitz
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Defense Witness #2 – David Balash
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Defense Witness #3 – Theodore Wafer (Defendant)
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.......to be updated

...summary details at link
https://thetrialfile.wordpress.com/2014 ... ial-recap/

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PostPosted: Tue Jul 29, 2014 12:26 am 
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H/T renewsit

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PostPosted: Tue Jul 29, 2014 4:03 am 
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PostPosted: Tue Jul 29, 2014 7:54 pm 
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H/T renewsit....

This interactive map seems to show crimes reated to Detroit City.. so there would be many more additional ones from Suburban Police Depts. (such as Dearborn Heights). It gives some idea of crime in the area that would perhaps have been a factor in Wafer's fear of an intruder.

Interactive map: Major crimes in Detroit

UPDATE, March 1, 2014: This map is no longer being updated due to the Detroit Police Department's cessation of crime summary reports.

The Detroit News will show where the city's deadliest crimes take place. Click on a marker to see the details of all major homicides and shootings reported by the Detroit Police Department since May 1, 2012. The addresses are not specific, but rather refer to the block or intersection where the crime occurred. Check back often to see the latest crime locations.

From The Detroit News: http://www.detroitnews.com/article/9999 ... z38u8Q2IYS

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PostPosted: Tue Jul 29, 2014 9:24 pm 
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H/T Mimi....

A fixed AC unit in Wafer's backyard

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RM boot with sock showing

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RM Boots in evidence

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Wafer's recliner chair

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Porch door.
Officer maintains that the top part was "not fully in the track" but isn't conceding that the bottom part had fallen out of the bottom track.

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The gun used Wafer as photog by police inside the.ft door

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PostPosted: Tue Jul 29, 2014 9:58 pm 
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Added BP Service Station to Map
Mentioned in trial, significance unknown as yet

http://goo.gl/maps/7qi7W

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PostPosted: Wed Jul 30, 2014 12:29 am 
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H/T The Trial File...

Renisha closer to her real age, rather than the (iconic) blown up 12yr old face.

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PostPosted: Thu Jul 31, 2014 2:41 am 
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H/T The Trial File
https://thetrialfile.wordpress.com/

Michigan Criminal Jury Instructions – Elements of the Crime Second-degree Murder
Spoiler:
Michigan Criminal Jury Instructions – Elements of the Crime Second-degree Murder

CJI2d 16.5 Michigan Criminal Jury Instructions – Elements of the Crime
Second-degree Murder

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of] second-degree murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant caused the death of [name deceased], that is, that [name deceased] died as a result of [state alleged act causing death].

(3) Second, that the defendant had one of these three states of mind: [he / she] intended to kill, or [he / she] intended to do great bodily harm to [name deceased], or [he / she] knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of [his / her] actions.[FN 3]

[(4) Third, that the killing was not justified, excused, or done under circumstances that reduce it to a lesser crime.]

Penalty under Michigan Codified Law (Statutory law)

750.317 Second degree murder; penalty.
Sec. 317.

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.


Michigan Criminal Jury Instructions – Elements of the Crime (Manslaughter)
Spoiler:
Michigan Criminal Jury Instructions – Elements of the Crime (Manslaughter)

CJI2d 16.8 Michigan Criminal Jury Instructions – Elements of the Crime

Voluntary Manslaughter

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of] voluntary manslaughter. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant caused the death of [name deceased], that is, that [name deceased] died as a result of [state alleged act causing death].

(3) Second, that the defendant had one of these three states of mind: [he / she] intended to kill, or [he / she] intended to do great bodily harm to [name deceased], or [he / she] knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of [his / her] actions.

[(4) Third, that the defendant caused the death without lawful excuse or justification.]

Penalty under Michigan Codified Law (Statutory law)

750.321 Manslaughter.
Sec. 321.

Manslaughter—Any person who shall commit the crime of manslaughter shall be guilty of a felony punishable by imprisonment in the state prison, not more than 15 years or by fine of not more than $7,500 dollars, or both, at the discretion of the court.


Michigan Criminal Jury Instructions – Possession of Firearm at Time of Commission or Attempted Commission of Felony
Spoiler:
Michigan Criminal Jury Instructions – Possession of Firearm at Time of Commission or Attempted Commission of Felony

CJI2d 11.34 Michigan Criminal Jury Instructions – Elements of the Crime

Possession of Firearm at Time of Commission or Attempted Commission of Felony

(Felony Firearm)

(1) The defendant is also charged with the separate crime of possessing a firearm at the time [he / she] committed [or attempted to commit] the crime of __________.

(2) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(3) First, that the defendant committed [or attempted to commit] the crime of __________, which has been defined for you. It is not necessary, however, that the defendant be convicted of that crime.

(4) Second, that at the time the defendant committed [or attempted to commit] that crime [he / she] knowingly carried or possessed a firearm.

[Use any of the following paragraphs when factually appropriate:]

[(5) This charge includes possession of a firearm during either a completed crime or an attempted crime. An attempt has two elements. First, the defendant must have intended to commit the crime of __________. Second, the defendant must have taken some action toward committing the alleged crime, but failed to complete the crime. It is not enough to prove that the defendant made preparations for committing the crime. Things like planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt. In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would have been completed if it had not been interrupted by outside circumstances. To qualify as an attempt, the act must clearly and directly be related to the crime the defendant is charged with attempting and not some other objective.]

[(6) It does not matter whether or not the gun was loaded.]

[(7) A firearm includes any weapon from which a dangerous object can be shot or propelled by the use of explosives, gas, or air.]

[(8) A pistol is a firearm.]

[(9) A firearm does not include smooth bore rifles or handguns designed and manufactured exclusively for shooting BBs not exceeding .177 caliber by means of spring, gas, or air.]

Penalty under Michigan Codified Law (Statutory law)

750.227b Carrying or possessing firearm when committing or attempting to commit felony; “law enforcement officer” defined.

(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be imprisoned for 10 years.

(2) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony, and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.

(3) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed pursuant to subsection (1).

(4) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties, and who is in the performance of those duties. As used in this subsection, “law enforcement officer” means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state, and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.


Michigan Criminal Jury Instructions – Use of Deadly Force in Self-Defense
Spoiler:
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PostPosted: Fri Aug 01, 2014 1:57 am 
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Burden of Proof

(Explaining Reasonable Doubt for Jurors)

This is a great illustration of BURDEN the State SHOULD have in our system of justice

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PostPosted: Fri Aug 08, 2014 1:46 am 
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H/T Nettles...

Michigan Homicide Laws

http://nesselandkessellaw.com/homicide/

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