Questions surround shooting death of USC student who tried to enter wrong house

K-12 Education Reporter

Columbia police are investigating the shooting death of a 20-year-old University of South Carolina by a homeowner while the student was allegedly trying to enter the wrong house on Aug. 26, 2023. File

COLUMBIA — Unanswered questions remain from authorities investigating the weekend shooting death of a University of South Carolina student who was apparently trying to enter the wrong house on his street in the Rosewood neighborhood.

Nicholas Anthony Donofrio, 20, was shot and killed by a resident of the house on South Holly Street just before 2 a.m. Aug. 26. Columbia police said they had responded to a call about a suspected attempted burglary, and they received another call that shots had been fired while on the phone with the resident.

Donofrio, a Connecticut native, also lived on South Holly Street, which is located about a mile and a half southeast of of USC's campus. He was found dead on the porch from a gunshot wound to the head, officers said.

Police have not identified any occupant of the home or pressed charges against the shooter. They also have not given further detail on what was said during the initial 911 call, the type of weapon that was used or other circumstances surrounding the shooting.

The incident has called into question state legislation regarding protection of personal property, and whether the person who shot Donofrio could or should be prosecuted.

South Carolina's "Castle Doctrine" recognizes that a person's dwelling — their home, vehicle or place of business — is their castle, and allows citizens to protect themselves from intruders and attackers "without fear of prosecution or civil action for acting in defense of themselves and others."

However, a person who uses deadly force to protect themselves while in their dwelling bears the burden of proof that "a reasonable fear of imminent peril of death or great bodily injury to himself or another person." If prosecuted and attempting to use the Castle Doctrine as a defense, a shooter would also have to prove the that the person against whom deadly force was used was "in the process of unlawfully or forcefully entering, or has unlawfully and forcibly entered a dwelling."

As a former attorney, state Rep. Seth Rose, D-Columbia, said he has worked cases involving students who had tried to enter the wrong home after a night of drinking. Rose used the Castle Doctrine interchangeably with "stand your ground" laws that function similarly across the country, and he said what happened to Donofrio was "a tragedy and a nightmare" for parents like himself.

"I've represented several college students who have — for one reason or another after partaking in drinks — gone to the wrong home," Rose said. "In those instances, it struck me that it could've ended a lot worse, but it never did."

The legislator who represents the Rosewood neighborhood had some of the same questions that other South Holly Street residents had for authorities on the afternoon of Aug. 26. They wondered what the conversation between the shooter and police entailed, and why the home resident had resorted to gunfire with help already on the way.

Rose and a neighbor of the homeowner, Philly Anderson, both noted that it was fairly common to see college students walking or being driven home following a night out in the Five Points entertainment district.

"You just took somebody's baby away," Johnson told The Post and Courier on Aug. 26. "That could be your baby on the other side of the door. Someone, somewhere is grieving right now, and it didn't have to happen."

Police have not released any information on whether Donofrio, who was underage, had been served alcohol on the night of the shooting.

Columbia police said investigators are consulting with the Fifth Circuit Solicitor’s Office regarding the circumstances of the case.

That the homeowner has not been charged with a crime by this point is an indicator that he likely will not be prosecuted, Rose said. He stopped short of criticizing the Castle Doctrine, however, instead speaking in favor of something along the lines of better firearm training.

"I hate that we live in a world where a kid who maybe had too much to drink can accidentally go to the wrong home and be shot," Rose said. "I understand the different variables and nuances, but there has to be a better way. ... It's not OK."

Lue and Diana Donofrio told reporters in their home state of Connecticut that their son had just begun his junior year as an applied exercise science student and a member of the Phi Kappa Sigma fraternity.

Donofrio was athletic and loved to work out, his parents said. He had transferred to USC after playing basketball for a year at the University of New England.

"Nick was the son every parent would wish for," Donofrio's parents said in a statement. "He was funny, smart, and compassionate, and loved life. We will miss him immeasurably."

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