Cheri said:
Are you postive sure that shooters would not be charge with homicide, if they shoot an intruder? I don't know about that one.
Here are some examples from our local paper:
Published on 07/26/04
BY PHILLIP CASTON
Of The Post and Courier Staff
Jerry Reynolds wasn't concerned about laws or technicalities when he awoke on the night of July 14 to find a group of people breaking into his and his father's business.
When his father, Cecil Reynolds, heard the intruders over the intercom, which ran from inside the family's Ravenel tire store to their home just a few yards away, Jerry Reynolds grabbed his 16-gauge shotgun with one thing on his mind: protecting his family and property.
When he reached the halfway point between his home and business on McCombs Avenue near S.C. Highway 162, Jerry Reynolds saw three people climbing out of the window of the shop. Preparing to fire, Reynolds pumped his shotgun once, but it was empty.
Reynolds retreated back to his house and grabbed another shotgun, this time a loaded 12-gauge. However, by the time he returned to the store, the intruders were fleeing in a white Toyota Camry. Reynolds fired one round of buckshot at the car, stating that he took care to aim for the back of the vehicle rather than shooting through the front passenger windows because he didn't want to kill the intruders.
"I'm disappointed I didn't get to do what I wanted to do, which was shoot them in the legs and catch up to them," Reynolds said. "I guess things happen for a reason."
Reynolds said he never got a good look at the intruders and doesn't remember if he shouted anything at them.
David Foster, 18; Matthew Hough, 17; Skyler Welker, 18; Anthony Cavalea, 18; and Binh Ton, 17, all of Mount Pleasant, were arrested shortly afterward by the Charleston County Sheriff's Office and charged with second-degree burglary.
A question remained following the break-in: How justified was Reynolds, according to law, in firing a shot at the fleeing suspects?
According to 9th Circuit Solicitor Ralph Hoisington, citizens have the right to protect themselves with deadly force if someone breaks into their residence while they are home and the intruder poses a threat to their safety. In Reynolds' case, it didn't appear that he was in immediate physical danger, Hoisington said.
"That is a dangerous decision for a business owner to make," Hoisington said. "Once someone is driving away, it takes out the realm of self-defense."
The sheriff's office and the solicitor's office did not press charges against Reynolds, mainly because both agreed it was not a prosecutable case, according to Capt. Dana Valentine, sheriff's spokesman. Reynolds' shot did not strike the vehicle, according to deputies.
Over the past year, there have been other Lowcountry cases of citizens using deadly force to protect themselves, their homes or their property. Some of them include:
-- William Gates, 68, who fired from his Tripe Street home's front porch on Aug. 1 at three individuals involved in a shootout in his yard, wounding two of the men.
No charges were filed because Gates thought one shot was fired at him, placing him in immediate danger, according to Hoisington.
-- Jerron Richburg, 27, who waited in his Cross home with a shotgun on May 12 following several break-ins at his residence. Richburg, after pretending to be gone from the home, shot a 16-year-old juvenile in the leg after he broke into the house. The juvenile had to have his leg amputated due to the wounds.
No charges were filed against Richburg and the case is being reviewed by the 9th Circuit Solicitor's Office.
The decision to charge someone when they use deadly force to defend themselves, their property or their home is mainly left up to the solicitor's office, Hoisington said.
Officials look at two main factors: whether the person faced a real, physical danger that the victim did not instigate and whether the person had no chance to retreat to avoid the danger.
Hoisington and Savage said
the standard for home defense in South Carolina changed under the tenure of former Attorney General Charlie Condon. In 2001, Condon instituted a home-invasion policy that protected citizens from prosecution for defending against intruders.
"It lowered the bar for how far a homeowner can go," Hoisington said.
Victims, however, may not shoot someone just to defend their property, Hoisington said. .. it against South Carolina law to set up a spring-loaded device or a booby-trap in the home...
Law enforcement officials mainly use discretion when determining whether a victim is justified in using deadly force, Valentine said.
Magistrate dismisses shooting charge
Published on 04/29/00
BY GLENN SMITH
The Post and Courier
A judge dismissed an assault charge Friday against a 66-year-old North Charleston man accused of shooting his brother in the arm earlier in the day.
North Charleston police had charged Lee Ivory Smalls with assault and battery with intent to kill after the 4 a.m. shooting outside his Sanders Street home. Police say he shot his 61-year-old brother once in the forearm during a struggle.
Magistrate Jack Guedalia dismissed the charge during a bail hearing. Guedalia said he saw no evidence of criminal intent behind the shooting. From all indications, Smalls was protecting himself in his home, he said.
...Schwacke said it appeared to be a case of "valid self-defense" in which a property owner was "acting in response to physical action being taken against him."
Prosecutors say homeowner who shot burglar acted lawfully
Published on 08/22/04
BY NITA BIRMINGHAM
Of The Post and Courier Staff
A Cross homeowner, weary of repeated burglaries and worried for the safety of his wife and child,
won't be prosecuted for shooting a teenager accused of breaking into the house earlier this year.
It appears Jerron Richburg was acting in self-defense when he shot the 16-year-old male in the leg May 12 on Farm Hill Circle, Berkeley County Deputy Solicitor Blair Jennings said.
The teenager, who hasn't been identified because he's a juvenile, is accused of breaking into Richburg's home using a file and screwdriver. The juvenile also lived in the area. Richburg and the teen met in the hallway of the mobile home, where Richburg shot the teen with a shotgun.
"Based on the information we've got now, (Richburg) acted lawfully," Jennings said.
"The house is a person's domain. Clearly, you have the right to defend yourself in your house."
The S.C. Attorney General's Office said as much in 2001 when the state's top prosecutor declared open season on home invaders.
Former Attorney General Charlie Condon directed authorities not to arrest, charge or prosecute residents who defended their homes, even if they used deadly force.
oooops Reba beat me to it.... sorry 