Now in Legal Rebels:
Posted Jan 05, 2012 12:35 pm CST
A teen mother from Oklahoma who shot and killed an intruder on New Year’s Eve won’t be charged, but an alleged accomplice is facing a murder charge.
Eighteen-year-old Sarah McKinley of Blanchard was on the phone with a 911 dispatcher when she shot Justin Shane Martin, 24, according to the Associated Press and NewsOK.com. “I’ve got two guns in my hand. Is it OK to shoot him if he comes in this door?” McKinley asked the 911 dispatcher.
The dispatcher replied that “You have to do whatever you can do to protect yourself.”
McKinley has said her first line of defense was to barricade her door with a couch as Martin tried to break in. He died with a knife in his hand, and was found slumped over the couch, according to an affidavit.
Prosecutors say McKinley was permitted to use deadly force against Martin under Oklahoma law.
The alleged accomplice, 29-year-old Dustin Louis Stewart, has been arraigned on a charge of first-degree murder, according to NewsOK.com. He turned himself in after hearing the gunshot, police say.
McKinley was home with her 3-month-old son during the incident, according to the stories. Her husband had died on Christmas Day from lung cancer. Police believe the intruders were seeking the husband’s pain medication.