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SC Supreme Court overturns manslaughter conviction
Posted: 09.27.2011 at 2:11 PM
Updated: 09.27.2011 at 10:00 PM
Brian McConchie

Brian is the Sports Director for the WACH Fox.

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Jason Dickey  / Dept of Corrections
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COLUMBIA, S.C. (WACH, AP) -- The South Carolina Supreme Court has overturned the voluntary manslaughter conviction of a Columbia apartment building security guard who shot and killed a man in 2004.

Chief Justice Jean Toal wrote that Jason Dickey acted in self-defense in the shooting of 24-year-old Joshua Boot of West Columbia.

Dickey was a security guard at an apartment building and has served five years of a 16-year sentence.

Toal wrote that Dickey was confronted by two younger, intoxicated large men advancing toward him at the Cornell Arms apartment complex in downtown Columbia.

Associate Justice Don Beatty dissented in the 4-1 ruling, saying Dickey could have avoided the confrontation and was not inside the apartment building at the time of the shooting.

Dickey said Joshua Boot didn't live in the building, refused an order to leave, and came after him with a bottle.

Columbia defense attorney Jack Swerling represented Dickey in his 2006 trial and says the state Supreme Court's recent move makes this an "important case," but does not set a legal precedent for the thousands of South Carolinians with concealed weapons permits to open fire if they feel threatened.

"The law of self-defense has been around forever, from the beginning of time," said Swerling. "What we do periodically is that we clarify what the self-defense issues are. The reason why this case is important is it really addressed all the issues and pointed out why the state failed. It did not open up other areas for other people in terms of the permissive use of weapons."

Swerling expects Dickey to be released from prison in the next 10-14 days.

(The Associated Press contributed to this report.)

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