No charges for pizza man who killed attacker

He should not be punished good for him it is time we stop taking crap from these Punks who are taking over and getting away with destroying our towns ,schools, country, Maybe if those punk kids Parents could have whipped their Butts more they would have learned robbing people is WRONG !
Sadly the little Punks Family will most likely take the pizza guy to court for money on a wrongful death case For punks thieves ,junkies and robbers seams to have more rights then working citizens. So many people I know are tired of being Robbed just like him. Like Our Friend who own the BP /Family Mart in Gilbert. WE WILL NOT TAKE IT ANYMORE!

I find this case interesting in light of the Jason Dickey self defense case that went to trial in September of 2006. I am left to wonder why Mr. Miller was determined to have acted in self defense and no charges were pressed while Mr. Dickey was arrested and charged with murder in April of 2004 after being involved in a similar situation. A couple years later, he was tried for murder, convicted of manslaughter, and sentenced to 16 years in prison. He was represented by prominent Columbia defense attorney Jack Swerling. His appeal was denied in October of 2008.
I was close to Mr. Dickey at the time of the shooting, and before and after his murder trial. In 2004, Jason was working as a security guard at Cornell Arms apartments in downtown Columbia. He had a Concealed Weapons Permit. Jason was asked by a resident to ask a visitor they'd brought in to leave the property as the visitor was intoxicated and angry and causing problems. When Jason requested that the man, Joshua Boot, remove himself from the premises, Boot became verbally aggressive. Jason did his job as instructed and called the police who would be responsible for actually getting him to leave. When Josh Boot began rapidly advancing on Jason while still making threats and making a gesture as if he were about to pull a weapon from under his shirt, Jason shot in self defense. Josh also had a friend with him and Jason was fearful that they would both jump him. He believed, based on Josh's behavior, that he had some sort of weapon he was about to use. What was recovered at the scene was a liquor bottle. Tox screens determined Josh's blood alcohol level was .20. In SC,.08 is considered too intoxicated to be driving.
The only difference I see on the surface of these two cases is that Mr. Miller was actually being beaten when he fired on his attackers. Was Jason supposed to let himself get jumped before using his weapon to protect himself? SC law does not say he was. Once you are being physically assaulted, it is often too late to make use of one's own weapon. It is important to note here that SC law says a person does not have to wait to fire until they see a weapon if they have reason to believe there is one. Like Miller, Jason had a valid CWP and was advanced upon by someone clearly intent on doing him harm while he was attempting to carry out his job responsibilities. He did not provoke Josh Boot and was not looking to have an altercation with anyone. He did not shoot out of anger or vengeance and was very distraught that Josh Boot died as a result. He felt he had no choice and was genuinely sad for Josh's family. He shot when in fear for his own safety and was promptly charged with murder the same night, before a thorough investigation could be done. Bond had to be posted so he could be out of jail while awaiting trial.
Like Mr. Miller, Mr. Dickey was in a job that didn't pay much but could be potentially dangerous and he chose to carry a weapon legally in case he needed it. Why was he formally charged with murder? Why did the case even go to trial? He kept being told a jury would have to decide if it was self defense or not unless he was willing to take a plea, which he was not because he refused to plead guilty to something he was not guilty of.
Again, I say, "What's the difference?" I'm glad Mr. Miller was able to defend himself. I'm also glad he is not facing the situation Jason faced with a trial looming over his head, murder charges, and now, years spent in prison with criminals. Jason was trying to complete his college degree and get his life on track after a botched surgery lead to him being discharged from the military with a permanent and painful injury and after his mother's death. He should not be in prison now. The outcome should have been the same as for Mr. Miller. It was a clear case of self defense.

Maybe you should actually read the court file located on http://www.judicial.state.sc.us/opinions/disp... and then rethink your opinion.
You never know the true situation unless you were there. Most friends and family are bias to these subjects. There are witnesses from time A. to B. that disagree with Mr. Dickey's approach of self defense. Just because you have a permit to carry a weapon does not mean you actually should. People who carry guns on their person should be police officers, ON DUTY. People that carry weapons on their person otherwise are obviously looking to do damage in some way. Understandable to keep one in the home or even the car just in case. But on your person is not only dangerous to other people but to the person carrying the weapon. Mr. Dickey was not on duty and he is not a police officer. Police are only allowed to shoot on point if the offender pulls a weapon. And they are not permitted to shoot to kill. Mr. Dickey assumed Boot had a weapon but did not wait to find out nor did he shoot to injure, he shot Boot 3 times. Once in the shoulder would've stopped Boot. A police officer will shoot someone once. More than once if a weapon is pulled and seen and attempt on their life is followed through. Boot never had a weapon and was not anywhere close enough to Dickey to harm him at the time of the shooting. A bottle would have been no use of danger when your attacker is not even 2 feet near you. The women Boot was spending his last night with, gave insight to the family that Dickey liked the girl Boot was with that night. That proves to be alternate reason behind the whole confrontation. He could have just let the police handle the situation and escort the men out. He was off duty and did not need to be "macho". There is complete difference in these two cases so before you try to defend make sure to do your un-bias homework.