South Carolina Authorities Rule Fatal Shooting of College Student by Homeowner Justified

File photo of a judge's gavel. (Joe Raedle/Getty Images)

The killing of a student at the University of South Carolina who was fatally shot for attempting to enter the wrong home has been ruled justifiable by local authorities.

Nicholas Anthony Donofrio of Connecticut was shot and killed early in the morning on Aug. 26 by a local homeowner for attempted trespassing.

The Columbia Police Department said Mr. Donofrio lived on the same street where he was shot, but he had accidentally attempted to enter another home when the incident occurred.

The Fifth U.S. Circuit Solicitor’s Office and the Columbia Police Department, ruled on Aug. 30 following an investigation, that charges will not be filed against the homeowner, as the shooting was found justifiable under local laws.

Police said the 20-year-old college student repeatedly banged and kicked on the door.

He then broke the glass window and reached inside for the doorknob, which led the homeowner to shoot through his door, killing Mr. Donfrio, according to police.

Officers found his body on the front porch of the home around 2 a.m., after responding to reports of a home burglary and a shooting.

The Richland County Coroner’s Office identified the student, police said.

Mr. Donofrio had recently moved into his off-campus house, and was excited to live with four friends for his junior year, according to his family.

College Student Shot After Attempting to Enter Wrong Home

The shooting of Mr. Donofrio came less than 72 hours after the university’s fall semester classes began on Aug. 24.

He was a student at the University of New England before transferring in his sophomore year to the University of South Carolina, where he was an applied exercise science major.

His parents, Lue and Diana Donofrio, declined to comment about the shooting to Nexstar’s WTNH, but said they were heartbroken and in disbelief.

They called their son, “loving, compassionate, all the traits you would want in a son.”

“Our Student Affairs team is providing resources and support to those who may be affected by this tragedy, and we remind all of our students that help is always available to them,” Jeffrey Stensland, a university spokesperson, told the Associated Press.

The Madison Public Schools, where Mr. Donofrio attended high school until his graduation in 2021, also issued a statement.

“The Madison Public Schools community is deeply saddened to learn of the death of recent Daniel Hand High School Class of 2021 graduate Nicholas Donofrio. Nick was an exceptional young man who excelled in the classroom and as an athlete. Our thoughts are with Nick’s family and friends at this time.”

The Phi Kappa Sigma fraternity, where Mr. Donofrio was a member, was in mourning and asked for privacy while their members grieved, Will Graves, president of the school’s chapter, told USA TODAY.

Authorities have not released any additional information about the homeowner.

Recent Incidents Cause Further Controversy Over Self-Defense Laws

South Carolina has a “stand your ground” law, which allows citizens to use deadly force in self-defense in any location and does not require gun owners to be licensed to own or purchase firearms.

The fatal shooting is the latest in a string of similar tragedies, in which people have been fatally shot or wounded for mistakenly trespassing.

Last September, a student at the University of Tampa was killed when he tried to get into the wrong car just after getting out of an Uber.

The driver shot the student in the chest, claiming he feared for his life.

Earlier this April, then-16-year-old Ralph Yarl of Kansas City was shot in the head after he mistakenly went to the wrong home to pick up his siblings.

Mr. Yarl is expected to fully recover from two gunshot wounds and the traumatic brain injury he received.

The homeowner, 84-year-old Andrew Lester, fired shots through a glass door, according to police, and has since been charged with first-degree assault and armed criminal action for the shooting.

Mr. Lester had pleaded not guilty and was released on $200,000 bail, forced to surrender his passport, give up his firearm, and have no contact with Mr. Yarl.

If the Kansas City homeowner is found guilty, he could face a maximum sentence of life in prison on the assault charge and up to 3 to 15 years on the gun charge.

Only few days later, a 20-year-old woman, Kaylin Gillis, was fatally shot in upstate New York, after a homeowner allegedly opened fire on her and her friends after they mistakenly drove to the wrong address, say local authorities.

The property owner, 65-year-old Kevin Monahan, who claimed that he was previously harassed by local residents, was charged with second-degree murder and pleaded not guilty.

Later that month, Pedro Tello Rodriguez Jr. of Texas was charged with deadly conduct, a third-degree felony, after he shot two local cheerleaders, one of whom was injured critically.

The pair got into the wrong car in the parking lot of a supermarket about 25 miles northeast of Austin.

Gun control groups are highly critical of the spread of stand your ground laws in several states, but many 2nd Amendment advocates say that it allows law-abiding citizens to protect themselves and their property in an age of rising crime rates.

Political War Over ‘Stand Your Ground’ Continues

Meanwhile, Rep. Matt Gaetz (R-Fla.) and Sen. Markwayne Mullin (R-Okla.) introduced a bill (pdf) in May, called the Stand Your Ground Act of 2023, which would make “stand your ground” policies the legal standard for self-defense throughout the United States.

“Every American has the right to defend themselves and their loved ones from an attacker. If someone tries to kill you, you should have the right to return fire and preserve your life,” Rep. Gaetz said in a press statement.

Gun control organizations like the Brady Campaign have labeled “stand your ground” self-defense laws as “shoot first” laws, calling them reckless.

“All you have to say is that you reasonably believed you were threatened, and the only person who can dispute that is the person you have just killed,” Brady Campaign Senior Attorney Daniel Vice told MSNBC, after the shooting death of Trayvon Martin in 2012.

“It’s very hard to bring these types of cases because the ‘Shoot First’ law combined with public carrying of loaded guns protects people who engage someone and shoot to kill.”

The Associated Press contributed to this report.