Hardeeville, South Carolina



From the Beaufort Gazette of August 25, 2004

Police: Man killed breaking into home



A Hardeeville man shot and killed an intruder who broke into home early Monday morning, Jasper County Sheriff's officials said.



Michael Jenkins, 32, of Hardeeville, was shot in the leg and face by Michael Grant, 28, when he broke down Grant's door at 12:41 a.m., according to police.



Maj. Sam Woodward of the Jasper County Sheriff's Office said Grant shot the intruder with a 9 mm semi-automatic pistol moments after his home security alarm went off.



"The suspect tried to enter the house using a crowbar and kicking in the door," Woodward said. "When he kicked the door in, the homeowner fired shots."



Jenkins was taken to Memorial Health University Medical Center in Savannah, where he was pronounced dead at approximately 4:30 a.m., Woodward said.



Grant, who lives alone, was questioned by police, but was not charged in the incident, Woodward said. The Solicitor's Office will make the final call on whether charges are warranted, he said.



Woodward said the case is under investigation, and that police believe there was another suspect with Jenkins before he was shot. No one was in custody as of Monday evening.



South Carolina laws regarding the use of lethal force by a victim in a home invasion are less strict than in other states, said Prof. Kenneth Gaines, a criminal law professor at the University of South Carolina School of Law.



"A lot of states say there has to be a gun or other serious weapons involved before you can use deadly force," Gaines said, adding that Grant will most likely not be charged in the shooting. "If (Jenkins) was in the house, I would doubt there will be any prosecution. In South Carolina, if somebody is breaking into your home, you can assume they are coming in to do something to you, and you are allowed to use deadly force."