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.”
Ya, he “surely” could have rationally had a conversation with a black out drunk that’s been trying to kick a door in, smash the glass and open it from the inside, because that’s what sane people do when they think they’re at their own house…right?
I mean I’m not in the camp of thinking the homeowners were necessarily in the wrong, but have you seriously never heard of someone breaking their own window to get back into their own property when they were locked out? Also, yea it is possible to communicate with a blackout drunk person, or at least try to warn them.
I dont know the whole situation, but if they didn’t make any effort to communicate or warn the guy before they shot him, I do think that’s cold hearted. If they did try to communicate and were ignored, then I think they didn’t do anything wrong.
Legally speaking they are obviously in the clear. I just dont know if this was acceptable from a moral perspective to me without knowing the full details yet.
I’m upvoting you simply because I think you’re debating in good faith and even though I don’t agree with you, I think you’re adding something real to the conversation.
While I do think the situation would likely have ended better if the homeowner had tried to engage the invader in reasonable conversation before pulling the trigger, I don’t think he should be legally required to do so. Remember: it was the home invader’s actions that caused this whole situation. People keep winging about the homeowner’s responsibility to take action to *protect *the invader of his home, but no one is acknowledging that the invader could have prevented all of this by simply not invading the home. People who behave this way have problems, but they’re virtually always not the people they are harming with their actions. They need help, surely, but they also need to be isolated from the general population and punished for the harm they do to others.
And for those who chime in to object to the fact that I said people should be punished for their crimes, just know that I’m all for prison reforms that make prisons safer and help people begin new lives after they’ve served their time, but that I ABSOLUTELY FUCKING DEMAND they serve their fucking time. I have no use for people that can’t wrap their pathetic brains around the notion that crime and punishment are inextricably linked. It’s not about vengeance. The entire reason we have a justice system is so that we can punish criminals in a more objective, humane way than victims can with their tendency towards revenge rather than justice.
I completely agree with you that there should be no legal requirement to warn an intruder before utilizing self defense. I just feel that its nuanced, and in this particular case, if I was the homeowner I would be screaming my head off warning the intruder that they are about to die in not such a polite way. I just would feel morally obligated to do everything I could to divert the situation, and I would hope most others would do the same before making the decision to end a life.