On Feb. 18, Durham District Attorney Jim Hardin decided to drop second-degree murder charges against James Edward Hill Jr., 31, a N.C. Central University graduate student, who was charged with the Christmas Eve murder of Eric Hart.

A Durham grand jury decided that Hill acted in self-defense after Hart allegedly intended to harm him with a brick.

According to a Web site on self-defense, it is classified as the use of force when a person presumably believes that it is the necessary defense to prevent death or bodily harm.

Hart, 25, entered Hill’s home at 3303 Fayetteville Street at around 2 a.m. Hill fired four shots from a .45 caliber pistol which struck Hart in his back. Hill then called 911 to report that he shot a man who was trespassing in his home.

Hart died later at Duke University Hospital. Hill was arrested that same night and spent four days in Durham County Jail.

On Dec. 27, Hill appeared before Durham District Court and was released on a $50,000 bond.

Hardin offered the grand jury a presentment, which is a written notice that allows a grand jury to decide what action to take. He couldn’t decide whether or not Hill used excessive force.

The 18 jurors could have either asked law enforcement to continue investigating or asked that Hardin present an indictment for manslaughter.

According to Sheila Eason, Hardin’s legal assistant: “The grand jury directed that no further action be taken in this matter by law enforcement or the District Attorney of this county.”

Eason said that presentments are rare and depends on the circumstances.

Hill, who was working on a master’s degree in public administration didn’t have a criminal history. Hart has been accused of crimes including larceny, felony and possession of cocaine.