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    Okla. mom won't face charges for shooting intruder

    BLANCHARD, Okla. (AP) — Authorities don't plan to file charges against an Oklahoma woman who fatally shot a New Year's Eve intruder at her house while she had a 911 dispatcher on the phone, but the intruder's alleged accomplice has been charged in the death.

    A 911 tape released to Oklahoma City media outlets Wednesday reveals that 18-year-old Sarah McKinley asked a Grady County dispatcher for permission to shoot the intruder. McKinley's 3-month-old son was with her when she shot Justin Shane Martin, 24, at her Blanchard mobile home.

    "I've got two guns in my hand. Is it OK to shoot him if he comes in this door?" McKinley asked the dispatcher.

    "Well, you have to do whatever you can do to protect yourself," the dispatcher is heard telling McKinley. "I can't tell you that you can do that, but you have to do what you have to do to protect your baby."

     

    Oklahoma law allows the use of deadly force against intruders, and prosecutors said McKinley clearly acted in self-defense. According to court documents, Martin was holding a knife when he died.

    "Our initial review of the case doesn't indicate she violated the law in any way," Assistant District Attorney James Walters told The Oklahoman newspaper.

    However, prosecutors have charged his alleged accomplice, 29-year-old Dustin Louis Stewart, with first-degree murder. According to authorities, Stewart was with Martin but ran away from McKinley's home after hearing the gunshots.

    "When you're engaged in a crime such as first-degree burglary and a death results from the events of that crime, you're subject to prosecution for it," Walters said.

    Stewart was arraigned Wednesday and was being held in the Grady County jail. A bond hearing was set for Thursday. His attorney, Stephen Buzin, did not immediately respond to a message left at his office Wednesday night.

    According to court documents, Martin and Stewart might have been looking for prescription drugs. McKinley said it took the men about 20 minutes to get through her door, which she had barricaded with a couch.

    She said her husband had died about a week earlier — on Christmas Day — after being hospitalized with complications from lung cancer earlier that month.

     
    • wayne  •  Martin, Tennessee  •  3 mths ago
      They should throw a party for him and present him with a Gold plated bullet on a plack.
    • Mike  •  3 mths ago
      THATS how the laws should be. Allowing people to protect themselves. Way to go mom!

      here in NY though?.... she'd have gone to jail, the baby into the system, and the family of the dead burglar would have sued her estate and won. The laws need to be level across the board, and be written to protect those who, in their time of need, protect their own life with the use of deadly force.
    • country girl  •  4 mths ago
      she is ;ucky she had a gun, or she would have been dead or raped or whatever these sickos had planned for her-
      • Greg 4 mths ago
        Sorry, Country Girl, but it was not 'luck' that she had the gun. Her husband had the foresight to provide. That aint luck, thats smart.
      • Starkist Tuna 4 mths ago
        As the mother of 3 kids and a grandmother of 3 I would have done the samething as she did. You dont mess with a mother or grandmother who is protecting her kids. I say good for her. Thats how we country girls take care of our own.
      • Knight Templar 4 mths ago
        But the libtards would rather she not have a weapon, but all sit down and talk out their differences. NRA Forever.
    • blotto  •  Irvine, California  •  4 mths ago
      "Okla. mom won't face charges for shooting intruder"

      The headline makes it sound like the state is doing her a FAVOR! They should be giving her a medal!
      • JohnN 4 mths ago
        that's the liberal media for you. The local new anchors and newspaper editors are probably going to hold a candle light vigil for the thug.
      • braundc 4 mths ago
        that was great JohnN!
      • Gary W 4 mths ago
        And what did you say when the Right Wing nut job shot the doctor in church in Kansas? Too bad the parishioners checked their guns at the door.
    • Girlie  •  Tucker, Georgia  •  4 mths ago
      Bless her heart to have so much on her young shoulders. She's has a 3-month old baby, her husband died on Christmas, and now she's going to have to deal with this trauma as well.
      • edward 4 mths ago
        I hope somthing good comes out of this for her and her baby after all she has been through in the past month.
      • Rob 4 mths ago
        Don't forget dealing with the aftermath these two goons caused. Still puzzled as to WHY this headline even came up????
      • Paul 4 mths ago
        It came up because Yahoo and the AP would very much LIKE to have gun laws that would have DOOMED this young lady and her child !
    • CJ  •  Hickory, North Carolina  •  4 mths ago
      Why would anyone even suggest that she be charged? She was defending her child, and herself. I think she did a great job!
      • LabRat 4 mths ago
        No one did suggest it. It's fairly standard for the prosecuting attorney's office to do an investigation when a homicide occurs. It's just red tape that has to be dealt with.
      • lim 4 mths ago
        definitely did the only right option at time to saved child and self..
      • Paul 4 mths ago
        Yahoo and AP would suggest it, thus the headlines.
    • dave  •  Denver, Colorado  •  4 mths ago
      Beware criminals! More and more of us are purchasing firearms.
      • Catfish 4 mths ago
        That depends on the state.
      • dave 4 mths ago
        My state has stupid gun laws and I would be charged with a crime for shooting this guy, but I'd still do it if I felt I had to.
      • Catfish 4 mths ago
        I hear you. I would too in that situation. My state has decent gun laws. I would have no problem.
    • Undyman  •  4 mths ago
      Why should she? If those robbers didn't break and enter her house, one of the losers wouldn't have gotten shot. It's that simple.
    • Come Honor Face  •  Los Angeles, California  •  4 mths ago
      Anyone who breaks into another person's home should be shot
    • Mike  •  Mt Laurel, New Jersey  •  4 mths ago
      Too bad the other douchebag didn't get shot to death as well! I applaud the hell out of that young lady!
    • Ryan S  •  Monterey Park, California  •  4 mths ago
      It's a shame. She could have saved the taxpayers a bundle if she killed them both....
    • free2b  •  4 mths ago
      GOOD FOR HER! those guys just picked the wrong house and wrong woman. Not only is she dealing with the lose of her husband, but dealing with life raising a child after a tragedy. And these bozos do this. Hey, they weren't coming there for a social call. She has my respect.
    • BornintheUSA  •  4 mths ago
      She did what a mother is supposed to do--she protected her baby. The men were trying to break down the door to her home. Clearly, they intended to do harm. It is tragic, but she did what she had to do, and in doing that, almost certainly prevented a great deal of harm to herself and to her child. People should have the right to defend themselves from intruders and it should go without saying that people should have the right to protect their children and to preserve their own lives in order to be able to survive mentally, spiritually and physically to continue to raise their children. She is not at fault. The men who intended harm and tried to forcibly break into her home were/are a danger to society and they were/are at fault.
    • B.  •  Tampa, Florida  •  4 mths ago
      God bless her...
    • 2012  •  4 mths ago
      Good, she deserves a medal.
    • TMC  •  4 mths ago
      so obviously the intruders knew where to get medications from, since her husband just died of lung cancer...apparently they were 'scoping' their place out. pre-planned...good, glad that one of them is dead...less trash floating around in society.
    • BoxingCrab  •  Hicksville, New York  •  4 mths ago
      Hooray for the castle law - all 50 states should have it. So should all 50 states give their citizens the un-watered down right to own a gun for personal protection as per the constitution and the second amendment.
    • Glian  •  4 mths ago
      Was there ever any doubt!?
    • Jack  •  Southfield, Michigan  •  4 mths ago
      Good New's
    • Pat  •  Portland, Maine  •  4 mths ago
      I have a question!! 20 minutes to kick down the door ? And where were the police all this time?
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