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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[–] SheeEttin@lemmy.world 275 points 1 year ago (6 children)

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 75 points 1 year ago (2 children)

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

[–] Xyz@infosec.pub 89 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."

[–] Potatos_are_not_friends@lemmy.world 41 points 1 year ago (1 children)

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.

[–] tider06@lemmy.world 3 points 1 year ago (1 children)

20 years old is an grown man, not a kid.

Hard to imagine I'd not do the same thing if that happened to my house with my family home.

[–] vinceman@lemmy.blahaj.zone 1 points 1 year ago (3 children)

Would you have possibly tried, I dunno, yelling first? Seems like if you're already armed there wouldn't be much danger in say "WHAT THE FUCK ARE DOING?". It says nowhere in this story they actually tried stopping him, just that they phoned the cops, window broke, they shot him.

[–] tider06@lemmy.world 13 points 1 year ago (1 children)

It also doesn't say if they didn't. We have no reason to believe that they didn't yell at him.

But yeah, if someone pounds on my door at 2am, then tries to force the door open, then smashes my window to try and unlock the door, I'm not waiting til they get inside to see if they are peaceful.

Not risking my life or the lives of my wife and kids on wishful thinking. It's a tragedy that the guy lost his life, it really is. But he didn't exactly leave a lot of wiggle room for the homeowners in the house he was invading.

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

That's what I'm thinking. Call the police first?! That's a normal response. Not reach for a gun and shoot the person to death. And the student didn't get inside. I thought an intruder who could be killed was someone who made it inside. So anyone outside the door is fair game, even if they're knocking and banging?

[–] Hildegarde@lemmy.world 4 points 1 year ago

A female resident called 911 as Donofrio kicked the door, while a male resident went to retrieve a firearm elsewhere in the home

They literally did that.

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

Breaking a window and then attempting to open the door is enough to justify killing in self defense under local laws, even if the intruder has not entered the building yet.

The article is specifically written to have a headline that implies someone got away with murder, to get traffic. The point of articles like this is to profit, not to inform.

Man shot while breaking and entering, is a much less profitable headline.

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

What makes you think they didn't do that? Why is your default assumption that they just started firing?

[–] vinceman@lemmy.blahaj.zone 0 points 1 year ago (1 children)

Maybe the part where I read the article and it says nothing about an attempt to confront before shooting?

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

Ah yes, police are known to release all information immediately and also news articles are absolutely known to do the same. Thanks for reminding me!

You're taking the worst possible interpretation and running with it. I recommend not doing that

[–] Laticauda@lemmy.ca 20 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 (1 children)

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. )

[–] Ajen@sh.itjust.works 5 points 1 year ago* (last edited 1 year ago) (1 children)

Don't you think it might've been different if it was your own home (instead of a rented dorm/apartment), and instead of roommates you had a wife and possibly other family members in the home?

[–] freeman@lemmy.pub 3 points 1 year ago

This is true, and nuance is key.

But at the same time, at least in my college town, the houses on and around campus, certainly within 2 miles, were generally

  1. Quite often used as rentals for college kids, VERY few families actually lived there, in fact i never remember seeing families in them.

  2. Working class adults were more or less segregated further off campus, largely due to the riffraff.

So yes, it would be a bit different now as I do not live near a college campus. But if i did, and it was often that there were drunk college kids, the witching out after the bars let out would usually be times when ruckus was occuring. So situationally, i would be much less likely to use a gun in a case like that. I would likely have it on me while I assessed the situation but much less likely to use it.

Thats just me though. And FWIW i did live in houses off campus in my later years, and much of the same bullshit would occur. Maybe it was just a different time. I was not much of a partier, and took some hard sciences so often I was leaving the library when the drunks let out. And some of the shit they would pull....Lets just say I would never live near other college kids again.

[–] Dem_Bo_Sain@lemmy.world 9 points 1 year ago

It doesn't say if the people in the home ever told him to stop. Did he know there were people in there? If he did, why did he break the window?

[–] Cleverdawny@lemm.ee 8 points 1 year ago

Ouch. Yep, that's justifiable homicide