911 Gives Oklahoma Mom the Go Ahead to Shoot in Home Invasion

Filed under: Legal, Laws, Regulations |

Sarah McKinley was home alone with her three-month old baby on New Years Eve when Justin Shane Martin and Dustin Louis Stewart forced entry into her mobile home.

McKinley’s husband had died about a week earlier, on Christmas Day, from lung cancer and she says she suspected the intruders were after drugs that might have been used in his treatment.

After calling 911, McKinley said to the dispatcher, “”I’ve got two guns in my hand. Is it OK to shoot him if he comes in this door?”

The dispatcher is heard saying, “Well, you have to do whatever you can do to protect yourself. I can’t tell you that you can do that, but you have to do what you have to do to protect your baby.”

McKinley shot and killed Justin Shane Martin.

Oklahoma law allows the use of deadly force against intruders, and prosecutors said McKinley clearly acted in self-defense. According to court documents Martin, 24, was holding a knife when he died. “Our initial review of the case doesn’t indicate [McKinley] violated the law in any way,” Assistant District Attorney James Walters told The Oklahoman newspaper. Neighbors have tagged the young mother the “Make My Day Momma.”

Dustin Louis Stewart has been arrested and charged with first degree felony murder, even though he did not fire the fatal shot. Stewart, who is currently out on bail, called 911 shortly after the home invasion, telling a dispatcher he fled the scene when Martin made his way into a Blanchard home, reports CBS affiliate KWTV. “My name is Dusty Stewart and I think it was my friend that got shot,” he said.

For more on state laws that allow deadly force to protect against intruders, read this Home Invasion News story of June 27.

Sources:

http://www.foxnews.com/us/2012/01/06/teen-mom-still-rattled-by-home-invasion-nearly-week-after-shooting-killing/#ixzz1imNn7Jot
http://news.gather.com/viewArticle.action?articleId=281474980997429
http://www.examiner.com/criminal-profiles-in-national/oklahoma-home-invasion-suspect-dustin-louis-stewart-and-court-crime-profile
http://www.cbsnews.com/8301-504083_162-57352784-504083/okla-mom-sarah-mckinley-wont-face-charges-for-shooting-intruder/
http://www.cbsnews.com/8301-504083_162-57352344-504083/okla-teen-mom-asks-911-for-permission-fatally-shoots-intruder-on-new-years-eve/?tag=contentMain;contentBody

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