Comments on: Detroit Front Porch Shooting case: Day 1 End-of-Day Wrap-Up

By: Andrew Branca

Andrew Branca — Fri, 25 Jul 2014 22:15:03 +0000

“Andrew. I wasn’t speculating about defense issues. I was wondering whether she’d have gotten herself shot some other place. Or stumbled in front of a car.”

Fair enough.

But “wondering” is “speculation.” Speculation might be fun over a beer or two at the local pub, or a virtual local pub like Legal Insurrection (no offense, Professor), but it’s worthless to a legal defense.

The bad guys shot by good guys are almost ALWAYS scum who were never going to live to collect a pension.

Doesn’t change the fact that if the good guy doesn’t follow the rules for use of force against another he can and often does go to jail.

That’s the law.

We don’t have to like it. We just have to live it. Or change it.

–Andrew, @LawSelfDefense

By: Richard Aubrey

Richard Aubrey — Fri, 25 Jul 2014 22:11:14 +0000

Andrew. I wasn’t speculating about defense issues. I was wondering whether she’d have gotten herself shot some other place. Or stumbled in front of a car.

By: Andrew Branca

Andrew Branca — Thu, 24 Jul 2014 16:58:39 +0000

“We don’t know what McBride thought she was doing. If Wafer had not opened the door and, indeed, if he and the house had been unresponsive, would she have gone to another house to do whatever?”

Speculation is not the basis for a legal defense of self-defense. Nor for much else.

One could just as easily speculate that she would have wandered away and passed out somewhere, and no one would have used force against anybody.

–Andrew, @LawSelfDefense

By: Richard Aubrey

Richard Aubrey — Thu, 24 Jul 2014 15:12:06 +0000

We don’t know what McBride thought she was doing. If Wafer had not opened the door and, indeed, if he and the house had been unresponsive, would she have gone to another house to do whatever?

By: Immolate

Immolate — Thu, 24 Jul 2014 13:59:56 +0000

Lol. “Well, I got the shit kicked out of me in Florida once.”

Is TheOptics channeling “Stripes”?

By: Immolate

Immolate — Thu, 24 Jul 2014 13:50:16 +0000

You give two examples of why America’s anti-gun culture is screwed up, and one example of why safety is important when dealing with deadly weapons, none of which were related to open carry. Was there an overarching point you were trying to make, or where you just ‘splainin’ all the things that stir your inner victim?

By: Andrew Branca

Andrew Branca — Thu, 24 Jul 2014 13:35:14 +0000

Speculation is never a good foundation for killing someone and claiming legal justification.

–Andrew, @LawSelfDefense

By: Andrew Branca

Andrew Branca — Thu, 24 Jul 2014 13:33:56 +0000

“If so,please state all you can about Hendrix/Westbrook.”

Sure thing, I’ll get right on that.

Soon as I get your retainer check.

–Andrew, @LawSelfDefense

By: rorschach256

rorschach256 — Thu, 24 Jul 2014 13:12:45 +0000

Andrew, he may have opened the door because for all he knew his house might have been on fire or someone might have been hurt or something. until he opened up and looked out he didn’t know what was happening.

By: Amy in FL

Amy in FL — Thu, 24 Jul 2014 11:54:04 +0000

Did a pretty blond Florida girl turn you down for your first college homecoming party because you were too crude for her, and you’re still holding a grudge (and still using that crude language) lo these many years later? I’m so sorry.

By: sequester

sequester — Thu, 24 Jul 2014 09:38:43 +0000

One can argue that danger was increased by not opening or at least talking the door. Often burglars will knock on the door of a residence to see if it is occupied. If it is, they leave.

One can also argue that Walker perceived McBride was trying to make forced entry since she persisted in violent attempts to attack the door. It can also be argued that the porch of the home, a contained area — was the safest place to potentially confront an intruder — rather than waiting for the intruder to penetrate the house. Confronting an armed intruder in the house was more dangerous to him and his family than a confrontation on the porch.

The case is about politics as much as law. Walker if he had been better versed in the law of self-defense would not have used the words accident.

Another person who should have bought your book. But given the politics here, he would still be on trial, to appease pressure groups.

By: TheOptics

TheOptics — Thu, 24 Jul 2014 08:50:04 +0000

Sarcastic Much?
know why Florida is abbreviated Fla ? It’s F’ing Lower Alabama

By: Amy in FL

Amy in FL — Thu, 24 Jul 2014 07:57:41 +0000

"I’m not trying to change this thread……. "

Bless your heart.

By: Amy in FL

Amy in FL — Thu, 24 Jul 2014 07:51:35 +0000

What, are your Googles broken?

By: tom swift

tom swift — Thu, 24 Jul 2014 07:13:12 +0000

Maybe it is time to start teaching gun safety and etiquette like lives depend on it.

There are programs to teach just that in schools, but the antis fight them tooth & nail.

By: TheOptics

TheOptics — Thu, 24 Jul 2014 06:54:15 +0000

America’s gun culture is really screwed up !!
Second-grader suspended for POP-TART gun. But Then.. He gets a lifetime NRA Membership.
A 19 year old Texas Tech Cheerleader gets death threats for posting some of her exotic wild animal kills.
8 yr old boy accidentally kills himself at Gun Show with assault rifle.
AH , But you should be free to proudly carry your weapon through any GD WalMart you please !
Maybe it is time to start teaching gun safety and etiquette like lives depend on it.
I’m not trying to change this thread , and I am not anti-gun……. Just anti-idiot

By: m1

m1 — Thu, 24 Jul 2014 06:17:56 +0000

Is anyone here familiar with the case involving Joe Hendrix and Ronald Westbrook? If so,please state all you can about Hendrix/Westbrook.

By: JackRussellTerrierist

JackRussellTerrierist — Thu, 24 Jul 2014 06:17:40 +0000

Andrew, is the question in this case whether or not Wafer acted out of fear for his life or if it was reasonable for him to be in fear for his life? If so, is there an IQ threshold that has to be met before someone may lawfully be in fear for their life?

By: TheOptics

TheOptics — Thu, 24 Jul 2014 05:22:06 +0000

A lot of things trouble me about this case. Mr Wafer claims he heard banging on his side door , and then at his front door. His large front window seems to be between those doors. The window appears to have vertical blinds. He states that he turned off his television and the hall light , and then grabbed his shotgun.It seems to me that he could have parted the blinds with the shotgun barrel and gotten a good look at his predator / prey. He would have seen an injured , intoxicated ,unarmed, young woman. The front door also appears to have a peephole. If my memory is correct , these were designed to allow you to see who is at your door WITHOUT opening it.

http://voiceofdetroit.net/wp-content/uploads/2013/11/DM-death-house.jpg

By: Andrew Branca

Andrew Branca — Thu, 24 Jul 2014 04:12:11 +0000

“In my limited experience police invariably testify in uniform. They almost make a fetish of being all spiffed up and official when appearing in court.”

Uniform or a suite and tie.

I noticed that, too.

Really, my gut reaction is that it’s a middle finger to the state who called him to testify.

But I wasn’t able to actually hear his testimony–which would have told me a lot, of course–so that’s speculation on my part.

Cape Cod casual wear for a cop testifying on a second degree murder charge is not, however, the norm in my experience.

–Andrew, @LawSelfDefense