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Homeowner charged in deadly Mich. porch shooting

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COREY WILLIAMS | November 15, 2013 02:01 PM EST | AP

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DETROIT (AP) — A suburban Detroit homeowner was charged Friday with second-degree murder in the death of a 19-year-old woman who was shot in the face while on his front porch nearly two weeks ago.

Theodore P. Wafer, 54, of Dearborn Heights, also faces a manslaughter charge in the death of Renisha McBride, who was killed in the early-morning hours on Nov. 2, Wayne County Prosecutor Kym Worthy said.

Police say McBride, a former high school cheerleader, was shot a couple hours after being involved in a nearby car accident. Family members say she likely approached Wafer's home for help.

The shooting has drawn attention from civil rights groups who called for a thorough investigation and believe race was a factor in the shooting — McBride was black, Wafer is white. Some have drawn comparisons between this case and that of Trayvon Martin, the 17-year-old Florida boy shot in 2012 by a suspicious neighbor.

But Worthy insisted Friday that race wasn't relevant in her decision to file charges and wouldn't compare the case to Martin's death.

"It's always interesting to me what the public makes their decisions on when it comes to one way or another," Worthy said. "We have the facts. We have the evidence. We make our decision on that and that alone.

"In this case, the charging decision has nothing whatever to do with the race of the parties. Whether it becomes relevant later on in the case, I don't know. I'm not clairvoyant," she said.

What happened during the hours between McBride crashing into a parked vehicle several blocks north of the Dearborn Heights neighborhood where Wafer lived remains unclear.

Worthy declined to discuss many details of the investigation, but did say police received a 911 call from Wafer about 4:42 a.m. regarding the shooting. They found McBride's body on the porch.

Evidence shows McBride knocked on the locked screen door, Worthy said, and there was no forced entry. The interior front door was open, and Wafer fired through "the closed and locked screen door," Worthy said.

"We do not believe he acted in lawful self-defense," she added.

Under a 2006 Michigan self-defense law, a homeowner has the right to use force during a break-in. Otherwise, a person must show that his or her life was in danger.

Wafer was expected to surrender to authorities ahead of a 2 p.m. Friday arraignment. He also is charged with possession of a firearm during the attempted commission of a felony or commission of a felony.

The Associated Press tried to leave a message Friday for Wafer's attorney, Cheryl Carpenter, but her voicemail was full. Carpenter told The Detroit News earlier this week that Wafer was awakened by what sounded like "a person or persons" trying to get into his home.

Carpenter told the newspaper that the shooting was justified, and that she and Wafer "recognize it's a tragedy and a 19-year-old woman died."

"Let's wait and not prejudice," she said.

A toxicology report released Thursday showed McBride, a 2012 Southfield High School graduate, had a blood alcohol content was about 0.22, more than twice the legal limit for driving. Her blood also tested positive for the active ingredient in marijuana.

Wafer's brick bungalow is located in northeast Dearborn Heights, a town adjacent to Detroit and a diverse area that's home to white, black and Arab-American residents. The neighborhood consists mostly of well-kept bungalows and small ranches, and is near a community college branch campus and a mosque. A neighbor told the AP this week that Wafer lived alone.

McBride's death has drawn attention from civil rights groups, including the NAACP and the Rev. Al Sharpton's National Action Network. There also have been numerous local rallies and vigils, and the Detroit Free Press has reported that protesters compared the case to the death of Martin, who was black and unarmed. Neighborhood watch volunteer George Zimmerman was acquitted in July of second-degree murder.

Worthy avoided any comparisons of McBride's slaying to Martin's death.

"I've been focused on this case and the 40 other homicides we've had in this town since Oct. 1," Worthy said.

So-called "stand your ground" laws were at the heart of the Zimmerman case and protect gun owners in at least 23 states, including Michigan, who claim self-defense in shootings.

"That's not what they call it here," Worthy said of the state's 2006 self-defense law.

"There is no duty to retreat if you're in your own home," she said. "Someone who claims lawful self-defense, must have an honest and reasonable — not honest or reasonable — belief of imminent death or imminent great bodily harm of himself or another person, and the use of force that's used must be necessary to prevent that imminent death or great bodily harm of himself or another person."