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] 3 points 1 year ago (3 children)

I can’t tell, did they announce at all or just fired the moment he broke the window??

Surely this could have been avoided by asking questions first…. What the fuck

[–] [email protected] 28 points 1 year ago (1 children)

Idk man, I'm liberal as hell and even I have problems with that line of logic. Man's smashing up their house, putting myself in the invadees shoes I'd be worried about warning the home invader(s) and making them use their weapons.

I'm not saying I think everything is fine and dandy in this situation, mfs are using guns way to much in America. But since the occupants had a gun for self defense AND their home was being broken into, I find it hard to blame them for defending themselves.

[–] [email protected] 5 points 1 year ago (2 children)

Same, progressive who believes people have the right to defend their house once someone is clearly trying to force their way in.

I'm uncomfortable with that loophole only because of you'll recall, several years back a black lady knocked on a stranger's for because her car broke down in front of that house and got ventilated without discussion.

That's wack as shit, and I have to wonder how police would determine a frame-up if that particular trashbag had broken the window to make it seem like the lady was breaking in.

Only solution that comes to mind is a ring-like device which only records to local storage.

[–] [email protected] 3 points 1 year ago

Absolutely, I think there should be certain objective things that have to happen before "fearing for your life" is a valid defence.

Someone breaking your window after trying to enter forcefully through your door is where I start thinking it's okay to use a deadly weapon to defend yourself.

Someone knocking on your door (regardless of the time of day) is not a reasonable situation to fear for your life, at least to the extent where you attack the person.

[–] [email protected] 2 points 1 year ago

I'm uncomfortable with that loophole only because of you'll recall, several years back a black lady knocked on a stranger's for because her car broke down in front of that house and got ventilated without discussion.

I don't know the specific case you're talking about, but that isn't actually the law, that is a failure of our justice system, the shooter could have gotten convicted for that (based off your description I should add, if I'm missing details that would exhonerate the homeowner, like an outside gate already having been breached, then that's another matter). In my area, you are required to have signs of forced entry before you can defend yourself in this manner, and if someone shot through the door my DA would certainly try the case, but then the jury can decide if "guilty or not guilty," and that's how you end up with both false convictions and "false releases" like the one you mentioned. Unfortunately however I'm unaware of a more fair system than the one we have, but I'm open to ideas.

[–] [email protected] 7 points 1 year ago

Could have been avoided? Maybe. But at some point the onus is on the person breaking into your house to...idk, not do that? Like there's a spectrum between what you can do, what you should do and what you have to do and asking some questions first is certainly something you can do. Maybe even something you should do, but protecting your family from someone who is breaking into your house is something you have to do. This isn't Ralph Yarl who got popped twice for standing on the porch, or those girls who were still in the car and backing out of someone's driveway when they got clipped. Dude tried to break into the house by kicking the door in, that didn't work, so he tried a different way of breaking into the house which would have worked had he been left to it.

I'm usually pretty firmly against preemptive violence as self defense but this seems rather cut and dry to me. I would have done the exact same thing the homeowner did here, and I think that it's doubly good that the homeowner wasn't charged.