18 yr old woman kills intruder to protect baby

A young Oklahoma mother shot and killed an intruder to protect her 3-month-old baby on New Year's Eve, less than a week after the baby's father died of cancer.
Sarah McKinley says that a week earlier a man named Justin Martin dropped by on the day of her husband's funeral, claiming that he was a neighbor who wanted to say hello. The 18-year-old Oklahoma City area woman did not let him into her home that day.

On New Year's Eve Martin returned with another man, Dustin Stewart, and this time was armed with a 12-inch hunting knife. The two soon began trying to break into McKinley's home.

As one of the men was going from door to door outside her home trying to gain entry, McKinley called 911 and grabbed her 12-gauge shotgun.

McKinley told ABC News Oklahoma City affiliate KOCO that she quickly got her 12 gauge, went into her bedroom and got a pistol, put the bottle in the baby's mouth and called 911.

"I've got two guns in my hand -- is it okay to shoot him if he comes in this door?" the young mother asked the 911 dispatcher. "I'm here by myself with my infant baby, can I please get a dispatcher out here immediately?"

The 911 dispatcher confirmed with McKinley that the doors to her home were locked as she asked again if it was okay to shoot the intruder if he were to come through her door.

"I can't tell you that you can do that but you do what you have to do to protect your baby," the dispatcher told her. McKinley was on the phone with 911 for a total of 21 minutes.

When Martin kicked in the door and came after her with the knife, the teen mom shot and killed the 24-year-old. Police are calling the shooting justified.

"You're allowed to shoot an unauthorized person that is in your home. The law provides you the remedy, and sanctions the use of deadly force," Det. Dan Huff of the Blanchard police said.

Stewart soon turned himself in to police.

McKinley said that she was at home alone with her newborn that night because her husband just died of cancer on Christmas Day.

"I wouldn't have done it, but it was my son," McKinley told ABC News Oklahoma City affiliate KOCO. "It's not an easy decision to make, but it was either going to be him or my son. And it wasn't going to be my son. There's nothing more dangerous than a woman with a child."

Tally one up for the good guys. Brave woman.

I'd like to tally up two for the good guys. Too bad she didn't shoot both of them.

Another example of justice being an individual thing and not an institutional thing. The young mother asked the dispatcher if she could shoot the intruder.

"I can't tell you that you can do that but you do what you have to do to protect your baby," the dispatcher told her.

Why the hell didn't the dispatcher say what the Detective said?

"You're allowed to shoot an unauthorized person that is in your home. The law provides you the remedy, and sanctions the use of deadly force," Det. Dan Huff of the Blanchard police said.

Too bad she wasn't able to shoot the second guy who is obviously a waste of oxygen.

Sg

If there coming in shoot.If there leaving shoot then drag back in.Good luck,
SZ

Bet that little SOB thought O's--t when he saw that twelve guage. Likely made the knife seem not so significant.

Must be more to the story.......

Yeah, I bet there is. I would like to know if she used lead or steel shot and what size.

Good for her .. .. also curious what shot she used, probably a varmint load. .. . since that is what she used it on. .

From the news it appears to be a double barrel, not sure if he got both barrels.

For a bunch of good reasons, I suspect

* Dispatcher is a 911 dispatcher, not a trained law/law enforcement person. She may not know the law, or even if she does, feel comfortable dispensing legal advice.
* Dispatcher was in the moment, the detective was answering a reporters question in the aftermath
* Dispatcher is in a position where incorrect advice could land the caller and possibly a mistaken dispatcher in a pile of trouble. Detective can say just about anything to a reporter with little risk professionally or legally.

While I understand I represent the minority on this topic -- the best data I've seen shows the net effect of having guns in the house is to be LESS safe, not more. While it's a complex issue, I think cheering individual success stories (like this one) and dismissing the failures (accidents, etc) can lead to evaluate the costs vs. benefits incorrectly.

to bad she'll go to prison for man slaughter.

just sayen.

No she won't.

I have 20 bones that says so.

A "what" slaughter?.......Not a man, for sure.
This whole thing is too surreal.

Good summary on the dispatcher issue IR.

ask the old timer who found a guy thiefen his motor several months back. he shot the guy dead, for thiefen right? isn't he being prosecuted?

all i'm saying is this, in this pussywhipped liberal country we all live in. thieves, pedophiles, rapists and goat molestors can't be killed while thier doing thier favorite activities. you kill anyone of these jackholes, your going to prison. the irony is that prison is stuffed to the sh!thouse sanitary vent, with the exact people she just killed.

Brewer, big difference between getting shot stealin a motor in the backyard VS coming into a bedroom with a large knife, after breaking in the exterior door and the victim being on the phone with the police. . .. . .She walks away clean, unless there is a lot more to the story. . .
And she doesn't live in WA. . . .

Two entirely different situations, which is obvious unless you're a complete goat.

Pretty sure the Detective explained it as self-defense/justified. Interesting what you see when you look at the entire article.

Most states have what is typically called a Castle Doctrine that says the application of deadly force is reasonable (thus no civil liability) when protecting your place of dwelling (and occupants) from violent intrusion.

This case would seem to be a perfect example of the doctrines intent.

To soon to ask her out?

No, she won't.

guess everyone Needs to park thier boats, cars, bikes, riding lawn mower, weedeater, recycling bins, holiday lights, hose/sprinklers and finally thier gnomes in thier castle. this would be quite the mancave!

in any case this chick is going to prison. she might be able to nurse her little one once a month!

This.

It's too bad that she has to go through this ordeal, but my selfish knee-jerk response is, too bad she didn't ventilate the second one.

No jail time for this lady...not a minute.

Fish on...

Todd

Yep, jail time seems very unlikely since the Detective made a comment to the fact it was okay to protect your home against unwanted visitors so cops are on her side with a written statement.

Also, her actions were not unfounded; she was on the phone with dispatch for 21 minutes, meaning she was looking solutions, not some killing rampage. The fact she didn't shoot the second guy (because he gave himself up) shows she only used the absolute necessary force to protect herself and child, nothing more.

Good for her.

http://www.komonews.com/news/national/Ok...-136711328.html

He's getting charged with murder.



..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.

..

Tell me this ain't an awesome quote.

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

Wasn't one of them a shotgun? Gal's got sand.

12 gauge twice pipe.

If you just don't say anything, brewer, nobody will know what a goat you are.

Most drugs are readily available on the streets, if these drugs were legal what makes you think these guys could afford them? If they can't afford them, they will just break into houses and steal them. Unless you think drugs should be legal and free.

"Once again, if these people had access to whatever drugs they want, legally, they wouldn't be attempting to harm the rest of us."

Pinners for perps.

Have you looked at the price of cigarettes lately? While they are legal, they are not cheap. What makes you think that if we legalize drugs that the over the counter price will make it affordable enough for your average meth head? Will they be cheaper than off the streets? Probably but they will not be cheap and affordable for all walks of life.

Thats a nice thought but do you honestly believe that the goverment would make it legal and then not tax the hell out of it? I agree with you that if drugs were legal that the crime rate would go down but I also feel that the same people breaking into homes now because they can't afford the street value, would still not be able to afford the over the counter price. Maybe my logic doesn't make any sense but it does in my own head (which may not be a good thing).

That would be unconstitutional if their only "crime" was drug addiction.

The entire point is to get the crime and enforcement cost out of drugs. After legalization there may still be a black market but no where near what we have today and without the violence that is inherant in smuggling. We would save billions without the DEA. The cartels would collapse or else go legit. It would free up prison space for true criminals. No more hand slaps. Steal a car there's now room at the inn for you maggot. There would definitely need to be a way for addicts to get treatment/drugs and, since legal, that could fall under welfare. Something similar to the methadone treatment we do now or needle excange, etc. Since we claim to be the pillar of freedom it'd be nice if we were moving in that direction.

"That would be unconstitutional if their only "crime" was drug addiction."

RCW 70.96A.140
Involuntary commitment.

(1) When a designated chemical dependency specialist receives information alleging that a person presents a likelihood of serious harm or is gravely disabled as a result of chemical dependency, the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court, district court, or in another court permitted by court rule.

If we stopped the "War on Drugs", we'd have exactly the same drug problems we have now, only we'd have billions of more dollars in our pockets.

If there was even the slightest return on the investment I'd be more understanding of the WoD. It makes the War on Terrah look good.

Fish on...

Todd

+1 to Toff.

Nice try Dan, but too late....

Mr. Martin likely had a similar choice that ended abruptly with his final words of, "Oh, Schit!"

Much to the offense of goats everywhere....

Lets just start with legalizing weed and go from there.

Ha ! This is logic to you ?
Give me a break !

Did you miss the part where it said PRESCRIPTION drugs? Can you get PRESCRIPTION drugs when you want and where you want?

Try again.

Well, I'm no expert, but I assume about everything is available on the street at some price.....?

I guess no one would steal gas, sunglasses, nor stereos out of cars if they could be "made available legally" either ?

Oh, now I get it !

No body will steal anything if everything is FREE !

How many people are killing each other over a can of gas?

Oregonian likes to pretend the exception is the rule.

Yes, it must be Oregonian's fault.

He is one of those "pull your own weight if able" guys.

I'm surprized the drug manufacturers aren't being blamed for these addict's behavior.

I'm sure you're the only one around here who pulls his own weight.

Get over yourself.

Oreo's been absent for a while...

Clearly he wasn't at any sort of continuing education program.

Fish on...

Todd

honestly, i'm quite glad that this young mother won't see a cell of any kind in this. this constitutes eating another heap of crow (actually not bad if marinated first). i just get tired of people defending thier property from dirtbags and being prosecuted for doing so. I was wrong in thinking that she would be found liable for the dirtbag's death. i'm willing to fess up to a wrong thought or idea on the darkside. you live on it you die on it all the same.

my post on this has nothing to do with DanS and his typical angle he takes. i would have stated the above anyways.

finally i hope the baby grows up to always know that his mother went dirty harry on a punk when he was a rugbug.

By 'typical angle', you mean being right.............right?

Beautiful!

No question about the justifification on this one. There is one part of this story that is pretty unique however. The prosecutor is charging the dead guy's partner with 1st degree murder. They are doing this under the "commission of another felony during a crime". Seems like a stretch to me. The partner did not enter the house, the shooting of the perp is justifiable (not a felony), this seems like a Prosecutor's office gone amok. Thoughts?

Call it a yen for media coverage. Hey look at us.

Under Oklahoma state law murder charges can be brought against accomplices in cases where someone is killed during some criminal activities.

I believe that is only when the perp is the murder not the shot in the act of a break-in fish4. If it is legal to shot them then there would be no murder charges. I may be wrong but seems a bit of a stretch.

That type of thing could lead to pretty wide murder charges for people that had no intent to do anything or even had an idea any serious crime was happening. Just another one of those things such as charging 9-13 year olds with murder in adult courts that scares me with our justice system.

Under those types of laws it's based on a type of "conspiracy"...if someone dies during the commission of the crime by the group, then everyone in the group is liable...even if it's one of the group that buys the farm.

It's easier to see how this would work if there was an innocent victim of the conspiracy, but they've upheld convictions when co-conspirators die, too...it's a little on the flimsy side, I agree, but it'll probably stick.

Fish on...

Todd

I think that breaking into the house and coming at the woman with a knife might be the felony charge.

That is correct...the felony was not shooting the perp, it was breaking into her house.

Fish on...

Todd

As I understand it, the guy charged with murder did not make it into the house. When he saw his partner gunned down, he thought better of it. I think this is bogus but it will be interesting to see.

Don't hold your breath......could be a long, long wait.