The South Carolina Supreme Court recently overturned a trial court guilty verdict in a manslaughter case. The defendant, a security guard in an apartment complex who became involved in a confrontation with a drunken guest, was convicted five years ago of voluntary manslaughter in Richland County. The guard, who was licensed to carry a concealed weapon, shot and killed the man, who shouted threats and pulled a weapon from his shirt. The weapon turned out to have been a liquor bottle. The guard shot and killed man, firing three shots.

At trial, the defendant's attorney argued at trial that under the newly passed Protection of Persons and Property Act, the security guard had a right to protect himself from the perceived threat presented by the drunken man. The court ruled that the law didn't apply, as it had been passed while the case was pending. Although the security guard was initially indicted for murder, he was convicted of the lesser charge of voluntary manslaughter. The South Carolina Court of Appeals upheld the conviction.

However, the state Supreme Court reversed the lower court decisions, citing South Carolina's legal standard for self defense that includes:

•· The defendant did not create the problem

•· The defendant had legitimate reason to believe that he was in imminent danger of serious injury

•· The defendant had no alternative way to avoid injury

One justice dissented, recommended that the court uphold the lower courts.

The security guard had served five years of his 16-year sentence before the ruling was handed down.

Source: U.S. Politics Today, "South Carolina Manslaughter Conviction Reversed Due to Self-Defense", 12/1/2011.