John Pontolillo is still detained with charges possible pending....
However the police said that he did not have the intent to kill.
Found this from a news site:
"After the officers left, the housemates decided to check the area again, with Pontolillo grabbing the sword, Guglielmi said. As Pontolillo checked an outside yard area after 1 a.m., he noticed Rice crouched in a corner, Guglielmi said. He told the man not to move, and yelled for his roommates to call police, according to Guglielmi.
Pontolillo was not inside the garage but backed up against the exterior of a garage door when Rice is alleged to have aggressively moved toward him with his arms raised. Guglielmi said Pontolillo made one downward strike towards Rice, hitting him in the neck and the hand. Rice's hand was nearly severed, and he bled to death at the scene."
To be a devils advocate:
If I had to be a prosecuter, I think I would have an open and shut case of murder here. Perp gets sword from room and un sheiths it to go invetigate. Perp is found outside, unarmed and backed against an outside wall with arms raised and in plain sight then homeowner strikes with a deadly weapon and leaves what appears to be defensive wounds on hand and chest of perp.
The problems for Mr. Pontolillo are:
-sword is a deadly weapon
-the perp is unarmed
-perp outside the home
-perp has no weapon (hands in air)
-Homeowner unsheithed weapon somewhere in process of going outside
-unsheithing the sword is intent
-homeowner was not in fear of personal safety (could have ran away)
-detained perp w/ weapon untill perp "made move"
-defensive wounds on perp
Still IMO I think he got what he deserved unfortunently for Mr. Pontolillo the law is the law and I think he might be in big big trouble.