Shooting of USC student deemed justifiable homicide, Columbia police say

The shooting of a University of South Carolina student has been deemed a justifiable homicide, according to the Columbia Police Department. Charges will not filed against the homeowner.

In the early hours of Saturday morning, Nicholas Anthony Donofrio, 20, was shot while trying to enter a home on South Holly Street. Police said Donofrio, who lived on the same street, mistakenly tried to enter the wrong home.

“After consulting with the Fifth Circuit Solicitor’s Office regarding the circumstances of the South Holly Street fatal shooting last weekend, charges will not be filed against the homeowner,” read the statement released Wednesday by the police department. “As a result, the homeowner’s name will not be publicly released.”

“This is a heartbreaking case for all involved,” Columbia police chief William “Skip” Holbrook said in a news release. “Our lead investigator has diligently worked to gather all the facts surrounding this incident. He has also maintained contact with the Donofrio family throughout the investigation. We at the Columbia Police Department extend our deepest condolences for their immeasurable loss.”

Shortly before 2 a.m. Saturday, Donofrio went to the wrong home and “attempted to enter by repeatedly knocking, banging, and kicking at the front door while manipulating the door handle,” investigators say.

The female resident of the home then called 911 to report a home invasion and officers were dispatched to the address.

At the same time, the male resident retrieved a firearm from another part of the home, according to police. While the female was still on the phone with emergency dispatchers, Donofrio broke the front door glass window and reached inside to try to open the door.

The unnamed man then fired a single shot. The bullet travelled through the broken window, striking Donofrio in the upper body.

He was dead on the porch when first responders arrived.

A representative for the Byron Gipson, the Fifth Circuit Solicitor, said that his office would not be providing any additional statement about the decision not to pursue charges.

The shooting has rocked the Rosewood neighborhood where Donofrio lived and died. The quiet suburb south of Rosewood Drive has long been a mixed community. Long term residents, including older Columbians and young families, have lived side by side with students from USC in the neighborhood, where Gamecock flags and stickers are a common sight around the brick and wood bungalows. Students often gravitate there for its proximity to shopping and the sense of community it offers, a USC spokesman said.

“The majority of people are disappointed by it (the shooting),” said Lin McKenney, who grew up in Columbia and has lived in the neighborhood for much of the last 22 years.

Residents also told The State that while students were an expected part of the neighborhood, it was unusual to see them walking around.

McKenney said that it wasn’t uncommon to see drunk students or house parties, but said that in her experience she had always been able to resolve any disturbances. She said that some of her favorite neighbors are a house full of students who live next door.

But veteran Columbia defense attorney Jack Swerling said that when Donofrio broke the glass and reached inside the house, he changed the dynamic of the situation.

“If someone is breaking into your house you have a right to believe that you are in danger of death or serious bodily harm,” said Swerling, who called the situation “tragic” but a “a classic, textbook case” of justifiable homicide under the Protection of Persons and Property Act, often called the “castle doctrine.”

The law protects homeowners who use deadly force while someone is breaking into their property.

“Here you have an actual invasion with the breaking of the window, not just someone standing on the porch,” Swerling said. “The occupant has to make a split second decision, certainly if somebody is breaking the window and reaching in and you can can certainly see how they believed they were in imminent peril.”

There are still no answers as to why Donofrio tried to enter the wrong home early Saturday morning. Police have said they are awaiting toxicology reports from the Richland County Coroner’s Office to “determine the victim’s type and level of impairment.”

A spokesperson for the coroner’s office has said that it can take up to six months to obtain the results, which they said were not typically released without the family’s consent.

In the meantime, McKenney said that she’s been warning students she’s close with in the neighborhood: “Do not be by yourself. Do not go home alone,” McKenney said.