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.
Yes, my only issue is what lead up to this point. Once he broke the glass, maybe I can see it being justified. But did he call the police? Did he actually talk to the guy or stand inside and ready himself to shoot him? Was there a non-lethal option? Could he have broken his wrist by pistol-whipping?
Regardless of your stance on fun laws, I am sure we can agree that there have been far too many people shot through a front door this year to be comfortable. There was the girl who was selling Girl Scout cookies, the woman who was trying to deal with a neighbor who had violently assaulted her children with malice and a weapon, the guy who was lost and stopped to ask for directions. The list goes on. This country is founded on the idea that you can walk up to someone’s front door and knock on it. Barring posted signage to the contrary, it is a universal right of anyone to be able to walk up a driveway and knock on the door without fear of reprisal. Castle doctrine has been getting applied too broadly in recent years and needs to be reigned in. It needs to have reasonableness applied as to it being a last resort. It should also not extend beyond the castle walls. There were many reasonable actions that could have been taken in this case that obviously were not. A non-lethal shot? Hell, even a warning shot would have likely been enough to warn a drunk off. I am not saying that this is murder, or even manslaughter, but a life was unnecessarily snuffed out. This needs to be something. This idea that you can shoot someone on your front porch is reprehensible.
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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.