Tuesday, October 12, 2004

Levy, South Carolina



From Savanah, Georgia’s WSAV.com of August 24, 2004

Man Killed After Breaking Into Home



A Jasper County man who shot and killed an intruder early Monday morning may well have acted within his legal rights, investigators say.



The Jasper County Sheriff's Office says Michael Grant, 28, fired shots from a 9 mm semi-automatic pistol when two men broke into his home on Roper Road in Levy around 12:30 a.m.



"He opened fire in fear for his life," said Roy Hughes, chief deputy for the Jasper County Sheriff's Office.



One alleged burglar, Michael Jenkins, 32, of Hardeeville, was shot in the leg and face. He died around 4:30 a.m. at Memorial Health University Medical Center in Savannah, according to the sheriff's office.



A second suspect ran when the shooting started, Hughes said, and investigators are following strong leads that could lead to his arrest.



"We have a very good idea of who this subject is," Hughes said.



Grant has been questioned by police, but has not been charged in the fatal shooting.



Under South Carolina law, you can use whatever force is necessary -- even deadly force -- to stop an invasion of your home, as long as you did not provoke the attack.



"The train of thought is, if you're in your home -- especially at night and you're asleep in your home -- and someone's breaking into your home, it's evident that they're going to try to do harm to you," Hughes said.



Someone who is assaulted on his own premises and is without fault is not bound to retreat, according to South Carolina Supreme Court case law. Citing that law, Mark Plowden, a spokesman for the South Carolina Attorney General's Office, said people protecting their home "may stand their ground and repel the attack with as much force as is reasonably necessary."



Once the Jasper County Sheriff's Office completes its investigation, the findings will be turned over to the Solicitor's Office -- which will make the final decision whether charges will be filed against Grant.
No subsequent stories about this incident were found.

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