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Thursday, August 07, 2014

Wafer Guilty of Murder In Dearborn Heights Shooting

For the record, I am pro second amendment. I have no problem with law abiding people having firearms and I believe in the fundamental right of every living thing to defend its life.

Wafer was found guilty because his own words and his own actions made it clear that he was not acting in self defense. What Wafer attempted to do was what we call pre-emptive violence. He thought something was going to happen and acted to stop what he assumed was the case. Had he "simply" knocked McBride out with say a baseball bat, he probably would not have been put on trial.

Asked why he opened the door and fired, Wafer answered, “I thought they were going to come through ... I didn’t want to cower. I didn’t want to be a victim in my own house.”

He said told police at the police station that the shooting was “self-defense as far as I’m concerned” but also told police, “I should have called you guys first.”

Had I been a juror, that statement alone would have been all I needed to hear to come to a verdict. If someone is pounding on your door to the extent that you feel that your life is in danger (hint: pounding on door does not constitute a threat against one's life) then you call 911 immediately. You can pick up your gun if you like, but you call 911.

You do not open the door.

Repeat:

You do not open the door if you think that the person on the other side is out to end your life. You wait until that moro breaks the door and attempts to enter your home and then you blow them away.

Wafer did not do this. Wafer heard a banging on his door. Got his gun and opened the door to the person he claimed he was in mortal fear of. That is not self-defense.

Let this be a lesson for the trigger happy out there. In order to make a claim of self-defense you must have an immediate threat to your person. A threatening environment or circumstance is not enough. Someone has to actually attempt to do something to you or your property. Even then, the force used must be [usually be] proportionate to the threat presented.