Christmastime break-in. (Exercising the Right).

James Edward Hill Jr., 31, is an employment counselor in Durham, North Carolina. He and his new bride were married in November of last year. Shortly after midnight on the day before Christmas, he heard an intruder attempting to break into their home. Jermaine Eric Hart, 25, was armed with a brick. Hill, however, was armed with a handgun. During the ensuing confrontation, Hill opened fire, striking Hart twice in the back. He then called 911 to report the shooting.

When police arrived, they found Hart lying outside the house. He died a few hours later at Duke University Hospital. The Durham Herald-Sun reported on December 26th that "a search of court records revealed that Hart had a lengthy list of various charges against him in Durham and Orange counties. Those included drug charges, arrests for breaking into vehicles and a charge of felony possession of burglary tools that was still awaiting action in Durham County Superior Court."

Apparently because Hart had been shot in the back, raising the possibility he might have been attempting to get away, police arrested Hill and charged him with second-degree murder. The homeowner spent four days in jail, including Christmas.

When District Attorney Jim Hardin reviewed the case, he promptly concluded that the murder charge was unjustified. It was, instead, a question of whether Hill had used excessive force. "The only issue," he explained, "was whether his use of a firearm under these circumstances was reasonable in light of Mr. Hart's use of a brick in a potential attack."

Unable to reach a decision on his own, Hardin offered a "presentment" to a Durham County grand jury, asking jurors to decide what course to take. On February 18th, the 18-member panel ruled that Hill had indeed acted in self-defense. The charges against him were dropped.