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.”
You make a good example of how many stand your ground proponent’s don’t understand proportional response.
And you dont grasp laws written so morons dont stand their and wait to be murdered in their own home by somebody violently entering it. Dont try to equate an equal force argument with a home invasion in progress. The home invader has already shown intent. The kid died because of his own stupidity and irresponsibility.
Reality here shows you why you do use proportional
Again, the reality is there was no ill intent. I don’t need to force an equal force here because its clear had it been used the kid would be alive. That is the point of proportional response. Killing anyone should not be done without proper due diligence which here it is arguable it was not. The kid was murdered because he made an innocent mistake while drunk. A mistake that happens often
What is “proper due diligence” when someone has forced their way into your home?
Anything from shouting that you’re armed and will fire if they enter. Leaving the home if you’re able too. Warning shot. Visually confirming what you’re killing.
Home invasions are rare especially if you’re not connected to criminal life yourself.
And the kid fucked up. No doubt. Smashing a window, who wouldn’t think home invasion. But having a firearm to defend meant the home owner had time to take other actions and be safe. Actions weren’t taken. Actions that if taken would have prevented this death. Which is why many places don’t have these types of laws. Statistically you’re more likely to make a mistake than encounter a home invasion
There’s nothing in the article about if there were words exchanged or not. It does say that there was audio and video evidence that was reviewed during the investigation so it’s possible they did try yelling at him. I think that’s something most people would do in a situation like this.
No one should be expected to flee their own home.
Warning shots are inadvisable because you are responsible for where those shots land and it removes the “I feared for my life” justification in the eyes of the law. If you fired a warning shot and accidentally hit the intruder Or someone else you would be charged for that.
The intruder was shot in the chest through a window so we can assume he was visible.
Its the safest and quickest way to deescalate. If your house is on fire you don’t try to stay and fight it yourself. You get to safety. Same goes for home invasion. I’m not dying to save $500 TV. Standing ground only makes sense as last resort.
No. Warning shots are warranted in some situations which this is. It sounds like you’re expecting more self control for warning shot and not for a kill shot
Can you find one state where warning shots are legal? I just spent ~20 minutes looking and couldn’t find a source that supports them being advisable at all let alone legal.
As for deescalating, I don’t believe anyone should have to deescalate when someone forces their way into their home. The front door is your last line of defense.
There was nothing to defend in this situation. Nobody was coming to hurt the home owner.