City prosecutors ruled Thursday that a Johns Hopkins student who killed an intruder by slicing him with a samurai sword was justified in his actions, according to a letter sent to homicide investigators.
State's Attorney Patricia C. Jessamy said prosecutors determined the student, John Pontolillo, "reasonably believed he was in danger of imminent death or serious bodily injury" and was justified in striking Donald Rice, a 49-year-old repeat offender who is believed to have broken into the student's home earlier in the night.
Pontolillo, of Wall, N.J., was at home in the early morning of Sept. 14 when he heard a noise coming from the garage behind the three-story, five-bedroom house on East University Parkway that he rented with three other students. After canvassing the area with police and school security, Pontolillo grabbed a samurai sword and went out again, where he encountered Rice hiding in the dark.
Prosecutors said Pontolillo ordered Rice not to move, and Rice "came towards Mr. Pontolillo with arms raised," apparently not lunging as police said at the time. "Because he could not determine if there was a weapon in Rice's hands, and fearing for his safety, Pontolillo swung one time as the intruder approached."
Pontolillo struck Rice with the sword, nearly severing his left hand, and Rice bled to death at the scene.
The student could not be reached for comment.