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.”
“banged and kicked on the door” ≠ “kick door in”
He was drunk and frustrated. He was likely kicking the base of the door trying to be loud enough to wake a roommate to open the door since he couldn’t get his key to work and was confused. Castle doctrine should not have applied here as he was likely not an obvious threat. The shooter could probably have talked with him through the door or, heaven forbid, actually opened the door and talked with him to figure out what was going on and helped the obviously inebriated young man home.
Castle doctrine is intended for when someone is making an obvious threat with deadly intent. The way it is being implemented here you can shoot a proselytizing baptist dead on your porch because they were there to attack your soul.
He did more than make noise:
Regardless of what you think about gun laws, I think the resident had good reason to be concerned for his safety.
breaking a window to unlock your own door, from his POV shouldnt be a crime worth getting killed over
if the guy was brandishing a weapon or directly threatining them it makes sense, but in reality if the person on the other side of the door didnt have a gun all that happens next is the drunk guy going ‘oh shit sorry’
Problem is, if he is trying to hurt you, you’ve just given him access to do so easily so that you can “make sure” he actually wanted to hurt you. And maybe you have the privelege to do dangerous shit like that, maybe you’re 7’8" 300lbs and have adamantium bones, but some of us do not. Some of us are 5’6" 150lbs soaking wet, some of us are women, some of us are handicapable, not all of us are as priveleged as you to be able to fight off 1-5 guys with unknown weapons (even just knives) singlehandedly so they can brag about it, personally I’m incapable of doing that and I don’t want to put myself in harms way simply because the guy breaking into my house might have the wrong house or might want to rape and murder me in quiet seclusion.