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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[–] Tedesche@lemmy.world 101 points 1 year ago (5 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.

[–] visak@lemmy.world 9 points 1 year ago* (last edited 1 year ago) (2 children)

I do not agree with the castle doctrine. It's too easily used to justify lethal force when retreat is an option, however self-defense is a valid justification and from the description given I think that's completely plausible. An unknown person breaking the glass and potentially armed could be a threat. It sucks that a guy who possibly did nothing wrong has to defend himself in an investigation, but we should have a high bar on lethal actions for civilians and cops (the standard should be higher for cops).

[–] ArcaneSlime@lemmy.dbzer0.com 33 points 1 year ago (1 children)

I actually don't hate castle doctrine tbh, which is commonly confused with the more controversial "stand your ground." I frankly do not see "a duty to retreat" from one's own occupied dwelling in the event of an intruder, in my opinion that duty dissipates the second forcible entry has been made to my home.

The common thing I hear is "they usually just want your TV," but A) The best way to steal a TV is to push a cart, trust me, especially if you still have a 24hr walmart, and B) if you have to rob people of their TV who are also probably living paycheck to paycheck, at least have the common decency to not do so while they're home and scare the shit out of them. For all they know you could be a rapist or a murderer even if just out of opportunity or "no witnesses," even by accident with poor gun safety from robbers. Tbh it's hard for me to agree that some poor family should have to flee their own home or hide in a closet if someone else decides to enter it unlawfully.

[–] visak@lemmy.world -4 points 1 year ago (1 children)

I said "option" to retreat not "duty" which is an important distinction I think. And there's also the option of other reasonable force. I don't think killing to protect my TV is reasonable, but fighting back possibly even causing injury might be. If I lived in a place where the intruder wasn't likely to be armed, I'd probably whack his hand with broom handle, and I wouldn't even feel bad if I broke his wrist because some use of force to keep a stranger from entering my house is warranted. When it comes to lethal force though the standard should be higher, which is why I prefer the self-defense/defense of others test. Did the guy have good reason to think the person breaking in was an imminent danger, that he might be armed and therefore escalation to firing a gun was reasonable? I don't pretend to know, but I think that's the test that should be used. That test should take into account that it was his house being broken in to, and that there was another person present he might have wanted to protect, because that definitely affects your perception of danger. We don't need a set of principles that say you automatically get a pass when it's your house, I think it's better to look at each case individually.

[–] ArcaneSlime@lemmy.dbzer0.com 9 points 1 year ago

I said "option" to retreat not "duty" which is an important distinction I think.

Right, but the castle doctrine specifically is a set of principles which when incorporated into the laws lessens the "duty" to retreat inside one's own home, which is why I said "duty." Castle doctrine then actually gives one the "option" because while you'd have no "duty to retreat," you still "could if you wanted," while with the inverse the "option" to "not retreat" is taken from you.

And there's also the option of other reasonable force.

I think it's a reasonable assumption that if they break into my house while I'm in it, they're at least willing to harm me to accomplish whatever goal they had and the goal becomes inconsequential, and therefore it is reasonable to defend myself to the fullest extent necessary. In the time it takes to play the "Hello sir yes it's dark and 3am and you just woke me up but do you have a weapon of any kind or are we about to engage in a bout of fisticuffs" game I could be stabbed, I'm not taking that chance frankly.

If I lived in a place where the intruder wasn't likely to be armed, I'd probably whack his hand with broom handle, and I wouldn't even feel bad if I broke his wrist because some use of force to keep a stranger from entering my house is warranted.

And you're welcome to so, but I personally would rather not incur undue risk, I'd rather have the option to defend the safest-for-me way I can, which happens to be a firearm. With castle doctrine we're both happy, you can broom-whack and I can stay safe, options.

When it comes to lethal force though the standard should be higher, which is why I prefer the self-defense/defense of others test.

That's what I mean, imo if you've entered my occupied dwelling "for the TV bro I promise," me responding with deadly force is self defense. It isn't about the tv, contrary to what he or detractors of castle doctrine will tell you, it's about the fact that if he couldn't wait until I get to work or just steal one from walmart he's clearly willing to do me harm, he could very well be armed, and we're in a private secluded location where nobody could hear me scream, yeah "so anyway I started blasting."

I think that set of principles is right, someone breaking into your house while you're inside it is a bigger threat than it's naysayers would have you believe.

[–] paintbucketholder@lemmy.world 19 points 1 year ago (4 children)

An unknown person breaking the glass and potentially armed could be a threat.

That's a valid statement.

It also demonstrates a wider problem: gun proliferation is so incredibly high that the default assumption is always going to be "that person might have a gun," and this will always prompt a much lowered threshold to use one's own gun in return.

[–] Microw@lemm.ee 4 points 1 year ago* (last edited 1 year ago) (2 children)

Exactly this. I am from Central Europe and if someone tried to break into my home, I wouldnt assume by ~~Renault~~ default that they have a weapon. Because burglars here aren't armed.

[–] visak@lemmy.world 7 points 1 year ago (1 children)

Do Renaults often figure into your thinking? ;)

[–] Microw@lemm.ee 2 points 1 year ago
[–] FlowVoid@midwest.social 4 points 1 year ago (1 children)
[–] Microw@lemm.ee 2 points 1 year ago (1 children)

According to most stories in the newspapers, no.

[–] FlowVoid@midwest.social 2 points 1 year ago

Then an unarmed intruder can still be a serious threat.

[–] lightnsfw@reddthat.com 4 points 1 year ago

It doesn't really matter if they have a gun or not from the perspective of someone who's home is being broken into. Any physical violence is dangerous and can result in death. People breaking into homes aren't getting shot because they "might have a gun". They're getting shot because it's unreasonable to expect a victim to accept any further risk by trying to talk the aggressor down or subdue them some other way once they've broken in.

[–] visak@lemmy.world 1 points 1 year ago* (last edited 1 year ago)

No disagreement. I'm a commie pinko by American standards, which is to say slightly left by European standards. I support gun regulation but it won't solve the proliferation until we face up to this weird fetishization of guns we have.

[–] Stumblinbear@pawb.social 0 points 1 year ago* (last edited 1 year ago) (1 children)

You know that guns aren't the only way to hurt people, right? People can be killed quite easily

[–] paintbucketholder@lemmy.world 0 points 1 year ago

No, I did not know that.

That's amazing.

[–] Fades@lemmy.world 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

[–] Sexy_Legs@lemmy.world 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.

[–] RubberElectrons@lemmy.world 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.

[–] Sexy_Legs@lemmy.world 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.

[–] ArcaneSlime@lemmy.dbzer0.com 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.

[–] reverendsteveii@lemm.ee 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.

[–] astral_avocado@lemm.ee -5 points 1 year ago* (last edited 1 year ago)

Wow you're telling me the tidal wave of liberal shitposting on Reddit was wrong about this and they should have waited for the actual facts? I don't believe it!!