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A North man charged with shooting an alleged burglar on family property last week was released on a $15,000 surety bond Monday.
Officials said 30-year-old Stanley Weber of 262 Breezehaven Road was released Monday after a bond hearing before Orangeburg County Magistrate Don West.
Weber was arrested on a charge of assault and battery with intent to kill, with police alleging he shot an individual around 6 p.m. Friday.
The warrant against him alleges that Weber, “did intentionally, with total disregard for human life, fire a .22-caliber rifle at the victim (Justin Kemmerlin), striking him in the mouth area.”
Meanwhile, 18-year-old Justin Kemmerlin is charged, along with his sister Amanda Kemmerlin, 35, with third-degree burglary. Justin Kemmerlin was expected to be released from the hospital on Monday evening, Orangeburg County Sheriff Larry Williams said.
Investigators are still working with those involved to determine exactly what happened at the remote property about a mile north of Wolfton.
“At this point, we’re working with the solicitor to see what we have,” Williams said. “I understand property owners are fed up, if that’s what we have. But we’ll wait on the outcome,” of the solicitor’s determination in the case.
Weber found the slain body of his brother, Billy Weber, at the same property on Feb. 22. No one has been arrested in Billy Weber’s death.
Deputies believe the Kemmerlins were trying to steal fuel from a backhoe on the property Friday afternoon.
First Circuit Solicitor David Pascoe said he had not received the file on the case as of Monday afternoon. He is, however, scheduled to speak with investigators today, he said.
Without any facts from the case, Pascoe declined to comment specifically on what happened or why Weber was charged by the sheriff’s office.
The solicitor did explain that assault and battery with intent to kill describes doing, “violent injury to another with malice aforethought.”
“Violent injury just means unlawful touching: a fist, a knife, a bullet,” Pascoe said. “Malice has a number of definitions. It’s defined as intentional violence or the willful disregarding of the welfare of others.”
Pascoe said when he goes through the investigation results Tuesday, these are the factors he’ll be considering, along with the four elements of self-defense: the victim has no fault in causing the incident, belief that he or she is in danger of being killed or seriously hurt, a reasonable person would conclude the same and the individual had no means to avoid a conflict.
The final decision gets a bit more complex when private property is factored in.
“On private property, there is no duty to retreat,” Pascoe said, “unlike public property.”
With the attention of the solicitor’s office, the decision to amend or stay the charge against Weber could be made by week’s end.