The homeowner who fatally shot a 20-year-old University of South Carolina student who tried to enter the wrong home on the street he lived on Saturday morning will not face charges because the incident was deemed “a justifiable homicide” under state law, Columbia police announced Wednesday.

Police said the identity of the homeowner who fired the gunshot that killed Nicholas Donofrio shortly before 2 a.m. Saturday will not be released because the police department and the Fifth Circuit Solicitor’s Office determined his actions were justified under the state’s controversial “castle doctrine” law, which holds that people can act in self-defense towards “intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.”

  • Tedesche
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    8510 months ago

    Relevant:

    According to previously unreported details that police released about the incident Wednesday, Donofrio repeatedly knocked, banged and kicked on the front door “while manipulating the door handle” while trying to enter the home.

    A female resident of the home called 911 as Donofrio kicked the door, while a male resident went to retrieve a firearm elsewhere in the home, the news release states. The homeowner owned the gun legally, “for the purpose of personal and home protection,” according to police.

    While the woman was on the phone with police, Donofrio broke a glass window on the front door “and reached inside to manipulate the doorknob,” at which point the male resident fired the shot through the broken window that struck Donofrio in his upper body, according to police.

    Under those circumstances, I don’t blame the homeowner for using a gun to defend himself and the other female resident. This guy was literally breaking into their home. If it had been me, I would have been terrified and very thankful to have a gun on hand for defense. I’m sure a lot of people here will protest to the shooting, but I would urge them to really think about what they would have done in such a situation. I don’t know what Donofrio’s reasons were for trying to break into the home, but they hardly matter; the fact is, he did try, and the residents of the home had every reason to think they were in danger. If we had multi-shot stun guns that could reliably incapacitate an intruder, I’d say he should have used that rather than a lethal weapon, but current stun guns aren’t that reliable and only fire once before needing to be reloaded. That a life was lost is sad, but I agree that no criminal charges should be filed in this instance. However, I’m not saying that I entirely agree with the Castle doctrine on which this is based, as I’m not intimately familiar with it, but the general notion of being able to use lethal force to defend oneself against a home intruder I do agree with on principle.

    • @visak@lemmy.world
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      10 months ago

      I do not agree with the castle doctrine. It’s too easily used to justify lethal force when retreat is an option, however self-defense is a valid justification and from the description given I think that’s completely plausible. An unknown person breaking the glass and potentially armed could be a threat. It sucks that a guy who possibly did nothing wrong has to defend himself in an investigation, but we should have a high bar on lethal actions for civilians and cops (the standard should be higher for cops).

      • @paintbucketholder@lemmy.world
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        2010 months ago

        An unknown person breaking the glass and potentially armed could be a threat.

        That’s a valid statement.

        It also demonstrates a wider problem: gun proliferation is so incredibly high that the default assumption is always going to be “that person might have a gun,” and this will always prompt a much lowered threshold to use one’s own gun in return.

        • @Microw@lemm.ee
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          10 months ago

          Exactly this. I am from Central Europe and if someone tried to break into my home, I wouldnt assume by Renault default that they have a weapon. Because burglars here aren’t armed.

        • @lightnsfw@reddthat.com
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          310 months ago

          It doesn’t really matter if they have a gun or not from the perspective of someone who’s home is being broken into. Any physical violence is dangerous and can result in death. People breaking into homes aren’t getting shot because they “might have a gun”. They’re getting shot because it’s unreasonable to expect a victim to accept any further risk by trying to talk the aggressor down or subdue them some other way once they’ve broken in.

        • @visak@lemmy.world
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          10 months ago

          No disagreement. I’m a commie pinko by American standards, which is to say slightly left by European standards. I support gun regulation but it won’t solve the proliferation until we face up to this weird fetishization of guns we have.

    • @astral_avocado@lemm.ee
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      10 months ago

      Wow you’re telling me the tidal wave of liberal shitposting on Reddit was wrong about this and they should have waited for the actual facts? I don’t believe it!!

    • @tastysnacks@programming.dev
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      I agree with you, I do. It should be legal to protect your property. The problem is when you have a gun, everything looks like a shooting. If you didn’t have a gun, how would you handle the situation? You could leave. You could lock yourself in an interior room and wait for the cops. You could fight them Kevin style. All of those options, at the end of the day, would give you a better chance of not killing somebody.

      • Tedesche
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        910 months ago

        It’s not about protection of property to me. I don’t care about that. I care about people having the right to use all reasonable options for defending themselves against violent attackers. And to your point, might this person’s death have been avoided if the occupants of the home had fled or hid somewhere? Certainly. But should they be legally required to do so? No, not in my opinion. Reason being, I don’t think the impetus should be on victims to take their attackers’ well-being into account when it’s the attackers that are creating the problem in the first place. Telling a person who is scared for their life that they need to fight the impulse coming from their amygdala to fight back against a violent attacker is totally unreasonable. If a person is coming at me with their fists and I have a gun, I don’t think I should have to refrain from firing my weapon and take the hits my attacker is throwing, just to make sure he doesn’t die. What if I die? What if I lose an eye or get my face scarred up? What if he takes my gun and shoots me? No. No, fuck that, if someone is attacking me, they’ve given me permission to defend myself in whatever way seems reasonable to me, and I’m not risking my own life or even just serious injury because someone else has anger management problems. They’re the problem; they’re the threat to society; if they die, yeah that sucks, but it’s their fucking fault, not mine for defending myself against their violent behavior.

        I’m so sick of people having all this empathy for violent criminals, and way too little for their victims. You want to tell other people to react in a calm, collected, pacifist manner when they’re being attacked, to risk their own lives and wellbeing for the sake of their attacker’s? Tell you what, you get yourself attacked somehow when you’re not expecting it and demonstrate how cool, calm, and pacifist you are under fire; you show the rest of us how easy that is. You do that, and maybe I’ll consider what you have to say, but until then, you’re just a hand-wringing, pearl-clutching bystander who has their priorities messed up and doesn’t know what the fuck they’re talking about.

        • @tastysnacks@programming.dev
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          010 months ago

          That’s fine but where’s the line. If someone pulls up in your driveway, is it OK to shoot them? If they knock on your door? What if you have an argument and they throw popcorn at you? The last one was deemed reasonable in Florida. If you have a legitimate conflict with someone, is it just a matter of who kills who first? If someone breaks into your home, this case, he broke the glass and was trying to open the door. Can you shoot them? Do you need to warn them first? What if they were just outside walking around creepily. Is it OK to kill them? Can i provoke someone then when thry come at me, can i kill them? Where’s the line? This is a real question because right now the rules don’t make sense.

    • @bookmeat@lemm.ee
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      10 months ago

      The guy at the door was not an immediate threat to life or limb, save his own. Firing a gun was not justified without threat, IMO. But I guess in the USA you can murder people to save your property (not your life).

      • @karlthemailman@sh.itjust.works
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        1610 months ago

        Donofrio broke a glass window on the front door “and reached inside to manipulate the doorknob,”

        How much more “immediate” do you need? A complete stranger is trying to break into your home to do god knows what is the epitome of a clear and immediate danger to me.

        What would you have done? Opened the door and welcomed them in?

        • @bookmeat@lemm.ee
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          -710 months ago

          Opening the door may have saved everyone in this case.

          Did they try to communicate with the person? Look through the widow to see whether the person is armed? Flee? Get a non lethal weapon like a bat, knife, pepper spray? Hide? There was time for the home owner to go get a gun before the window broke. I assume, since this is USA, that it was already loaded (😂) so I’m sure it didn’t take too long, but did they try ANY of those things? Unlikely, and that’s unfortunate.