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submitted 1 year ago by MicroWave@lemmy.world to c/news@lemmy.world

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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[-] SheeEttin@lemmy.world 294 points 1 year ago

Donofrio repeatedly knocked, banged and kicked on the front door "while manipulating the door handle" while trying to enter the home.

Donofrio broke a glass window on the front door "and reached inside to manipulate the doorknob"

Yeah, that's more than just trying to walk into the wrong house when you're blackout drunk, so I can see why they would consider it justified. But that's the word of the police, so we'll see if a different story comes out later.

[-] AbidanYre@lemmy.world 82 points 1 year ago

We'll only ever hear one side of this story because the other witness is dead.

[-] Xyz@infosec.pub 95 points 1 year ago* (last edited 1 year ago)

No, they have physical evidence, audio evidence which probably means camera or video doorbell and the kid died on the front porch of someone else's house. Seems like the story told itself. The simple explanation is he tried breaking into the wrong house thinking it was his own.

Not saying he deserved to die over his mistake, it's tragic and sad that the situation occurred.

Editing to add this from the article:

"evidence gathered at the scene, review of surveillance video that captures moments before the shooting, audio evidence, and witness statements."

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Yikes. This is terrifying.

I feel bad for the owner who had to make a split second decision on what to do.

Because not much difference between rowdy drunk kid and a mentally deranged person. And making the wrong choice could mean your whole family is in danger.

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[-] Laticauda@lemmy.ca 21 points 1 year ago* (last edited 1 year ago)

Before you get to the point of destroying your own property, you should have already double checked which unit you're at, whether a family member has a spare key, or whether someone you know can let you stay the night so you can call a locksmith in the morning. It's entirely reasonable for someone inside to think that it's an attempted break-in, so even if the guy just made a really bad choice that ended in tragedy, I don't blame the shooter for thinking it was a robbery, and not wanting to risk the supposed robber having a weapon. It's not an easy choice to make in that situation.

[-] freeman@lemmy.pub 12 points 1 year ago

When I was in college I had this happen multiple times. In different apartments but they all looked similar.

Even had one dude peeing on the floor in my bathroom because I roommate was next door and didn’t lock the door. Dude was in the right apartment number, just off one building.

Even had a couple get aggressive and try to fight me.

Still, never shot anyone over it (and I was and am a gun owner. )

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[-] Tedesche@lemmy.world 94 points 1 year ago

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 13 points 1 year ago* (last edited 1 year ago)

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 31 points 1 year ago

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.

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[-] paintbucketholder@lemmy.world 19 points 1 year ago

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.

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[-] PrincessLeiasCat@sh.itjust.works 89 points 1 year ago

Oh shit something very similar to this happened to my mom once. She’s an older woman who lives alone and terrified of everything. Yes, she owns a gun.

One night ~ 2-3 am a man knocked on her door and demanded to be let in. She’s terrified, grabs the gun. He moved around to different doors, knocking and banging and yelling to be let in. He started shaking the door handles. My mom called 911 and was hiding in a bathroom. They asked her to just wait, police were on the way.

Finally she goes out, sees the guy at a window, and pointed the gun at him…but the gun has a laser pointer when you squeeze the handle. So she screamed back that the red dot on his chest was about to be where she was going to shoot him.

He ran off. Police show up, say they found the kid - 20 - drunkenly stumbling around the neighborhood. The bar had just closed and he thought he was at his friend’s house. A week later he sent her a $20 gift card to a local restaurant with a note that said “Thank you for not shooting me.”

The cops said if she had shot him, she would have been legally within her rights.

Agree or disagree with any or all of this, I’m sorry for the family of the person who was killed. It’s just a terrible situation all around.

[-] some_guy@lemmy.sdf.org 17 points 1 year ago

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, striking Donofrio in his upper body, police said.

The headline made me instantly rage (as intended). Reading the article made me reconsider. The real answer is to not have guns in the hands of the public. But then only criminals will have guns. Stfu.

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[-] t0lo@lemmy.world 86 points 1 year ago

I love not living in america

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[-] SwingingTheLamp@midwest.social 45 points 1 year ago

Goddamn, the United States really is a shithole country, isn't it? It's obvious that shooting was the homeowner's first resort, because this was a drunk guy who thought that it was his own house. Any sign that it was not, like lights going on, or yelling, would have at least made him pause in confusion.

But yeah, Americans be like killing somebody before even issuing a threat is totally justified.

[-] nelly_man@lemmy.world 46 points 1 year ago

From the article, it's clear that their first resort was to call the police when he was banging and kicking on the door. The woman was on the phone with the police when he broke the window and attempted to open the door through the broken pane.

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, striking Donofrio in his upper body, police said.

[-] ZodiacSF1969@sh.itjust.works 16 points 1 year ago

Hush, your ruining the narrative.

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[-] GentlemanLoser@ttrpg.network 35 points 1 year ago

Drunk guy who broke the window trying to get in. Maybe it wasn't clear this person was probably harmless and they panicked. Not sure why the people asleep in their home world be expected to flash the lights or whatever you are thinking is a normal middle of the night response to someone breaking into your home.

IDK, I don't like guns for this exact reason. Too easy to end a life out of panic. But the drunk has the bulk of the responsibility here IMO.

[-] crimsdings@lemmy.world 26 points 1 year ago

I am sorry but .. if I am at home with my wife and kids and drunk stranger aggressively bangs and kicks the door, doesn't stop when asked, smashes a window and reaches in to get in - I will probably also have my gun ready if the police doesn't show up fast enough. Some people get super aggressive when drunk - some get confused and silly. There is definitely a difference.

Not American, I live in Europe. No I am not right wing.

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[-] blazera@kbin.social 32 points 1 year ago

Any other developed country and there wouldnt be a death involved.

[-] holycrapwtfatheism@kbin.social 20 points 1 year ago

Genuinely curious if you had someone smashing your window and trying to enter your house forcefully what your response would be.

[-] Slwh47696@lemmy.world 33 points 1 year ago

Phone the police and tell him to fuck off? Maybe hit their arm with a bat or something. If I was alone I could even just leave. Not immediately execute them.

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[-] LordOfLocksley@lemmy.world 18 points 1 year ago

The American responses are shocking, no wonder they have a mass shooting near enough every day

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[-] Silverseren@kbin.social 12 points 1 year ago

If someone is breaking into your home, you should defend yourself and your family with whatever means is available. The amount of people here saying you should have a polite conversation or comply with the robber's demands (even if that demand is to harm you) is bizarre.

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this post was submitted on 31 Aug 2023
422 points (95.3% liked)

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