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.”
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.
So, give up your position and element of surprise letting them know where exactly you are.
Just give them the house, Morrowind rules.
A) Illegal and B) because it endangers bystanders and is reckless and irresponsible.
“Sorry I shot your grandma, I was trying to figure out if the dude making forcible entry to my home was an actual threat or was just out of Double Stuffed Oreos and the store was closed.”
No, if you shoot, you do so because you need to stop the threat, you want those bullets to hit the threat and preferably stay in him, not zip out and endanger bystanders, nor miss purposefully endangering them more. Your advice here is not only illegal but dangerous and irresponsible, and nobody should follow it.
You mean like seeing an arm break a window and reach for a doorknob?
Yes, it isn’t Fallujah. Your position is in the house. Either they know your there or they don’t. If they don’t and you yell your armed the odds are they leave. Or in this case it would have opened a dialogue that would prevent the murder.
You aren’t giving them this deed to your house.
No
No it doesn’t. But I agree its a shame when innocent people die due to irresponsible gun owners
Unarmed hand but go back to first point about warning intruder you are armed and will fire.
No but I don’t live in a closet either, I could be in the kitchen, the top of the stairs, the living room, the bedroom, etc, and he doesn’t necessarily need to know “oh I heard a noise from the left, let me wing a few shots that way.” Sure they could run away, or they could shoot at the source of the noise, and the only way to know is to take that chance. You’re welcome to take it, but I shouldn’t be forced to after he has forcibly gained entry to my house without permission by destroying a window. Imo “locks” count as a warning that you aren’t supposed to be in there, and bypassing them is ignoring warnings, be they verbal or nonverbal.
Right, just access to my family or pets for 11min average while I wait for the cops IF I remembered to take my phone to call them during my egress, egress I might add that requires me to either dive through my back glass door because I don’t have time to unlock it if I’m downstairs, or jump out of a second story window onto concrete if I’m upstairs. Sounds fun.
Yes.
https://www.usacarry.com/warning-shots/
https://gundigest.com/article/self-defense-warning-shots-good-idea/amp
https://ccwsafe.com/resources/in-self-defense-episode-72-warning-shots-defensive-display-and-the-power-of-light/
Yes it does, and I’m glad you aren’t a gun owner because you would be an irresponsible one, advocating for unsafe practices and pretending you know what you’re talking about. Let me guess you think celebratory gunfire is safe too?
Nah pretty sure it had an arm attached.
When you’re killing someone, every step should always be taken to avoid having to kill. Otherwise this situation occurs. You shouldn’t kill innocent people and others shouldn’t be at greater risk at your perceived threats. Especially since it’s not just in the home that people open carry. It’d in stores, its in streets and traffic.
All of that would prevent you from leaving. And standing ground would be reasonable. But that’s the point. If there’s a backdoor and you’re next to it. Get the fuck out. Just leave. You immediately survive and that is what self defense is all about. Sticking around to get into a gun fight is not self defense if you haven’t attempted any other measures to protect yourself.
Beg to differ.
Its going to be location based. Been a lifelong gun owner and I’m tired of the church of self defense spreading the gospel of fear that you’re useless without a firearm to defend yourself. They’re fucking loons. Life isn’t that rough and you’re more likely to make a bad call like in the story above. Lucky the man in the story gave warning shots instead of firing on the criminals there.
https://www.ctvnews.ca/mobile/canada/man-acquitted-of-firing-warning-shots-at-group-who-firebombed-home-1.1102114
Took 'em. I call 'em “locks.”
Agreed. Innocent. People caught red handed breaking and entering are no longer innocent. Innocence evaporates the second you force entry.
Where the standard of defense is higher due to the other people having the right to be in those public places, unlike one’s home where the expectation is one of privacy and access controlled by the property owner or renter.
So, “Bye family, hope you survive, I’m diving through a glass door because I won’t have time to cross the room, get the key out, and unlock the deadbolt before he can get me. If you survive I’ll be in the hospital dealing with the injuries I caused myself to protect the guy who may kill you from the consequences of his own poor decisions.”
Yeah right hoser, keep dreaming.
Oof you are a gun owner who is willing to endanger others by shooting A) when you don’t “need” to and B) wildly, not aimed at the target, and with no way to know if the lady in the next appartment is in the trajectory? Jeez, stay in canada so I don’t have to worry about your irresponsible ass, your technique may work in the yukon but down here where other people exist that is illegal and runs the risk of you catching a murder 2 charge.
You won’t convince me to commit crimes you know, sorry to spoil your fun. It may be legal in backwards ass canada but in the US it isn’t. Maybe Texas. Definitely not in my state, county, or city.