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] 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.