this post was submitted on 31 Aug 2023
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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."

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[–] [email protected] 101 points 1 year ago (45 children)

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.

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