Justified Shooting?

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GloriaInTX's picture
Last seen: 2 weeks 3 days ago
Joined: 07/29/08
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Justified Shooting?

Did she do the right thing? Is this a valid reason to keep a gun in your home?

In the article it states that she was on the phone with 911 for 21 minutes before the police arrived.

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."


Last seen: 1 year 8 months ago
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Yes, justified! I would have done nothing less. I'm glad the law is protecting her.

RebeccaA'07's picture
Last seen: 3 years 11 months ago
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Posts: 1628

Good for her. She did what was needed to protect herself and child, I hope that I would have the same strength and courage to do the same if someone were trying to attack me.

GloriaInTX's picture
Last seen: 2 weeks 3 days ago
Joined: 07/29/08
Posts: 4229

Another question: Do you think his accomplice should be charged with his murder?

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.

Read more: http://www.foxnews.com/us/2012/01/04/teen-mom-shoots-kills-intruder-with-11-dispatcher-on-phone/#ixzz1ibuYq11F

Spacers's picture
Last seen: 7 months 2 weeks ago
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Absolutely justified, and I have to say I'm horrified that it took 21 minutes for police officers to respond!

And yes, the accomplice should be charged with murder. It seems that this would fall under the "felony murder rule" which says that if someone dies in the commission of a felony, you can be charged with murder even if the death was accidental. Although unless it can be proven that he knew the other guy was going to break into the house, he could make a good defense that his only crime was a poor choice of company, and perhaps misdemeanor trespassing.

boilermaker's picture
Last seen: 3 years 2 months ago
Joined: 08/21/02
Posts: 1984

I think she was justified--as she was obviously scared and he was obviously an intruder.

That said, we don't know what the intruders' intentions were. They were not good, but we don't know that he came to murder the child or the mother....or what he wanted.

It still doesn't compel me to go get my own weapon and keep guns in my house.....on the off chance that an aggressive intruder comes through my door.

I think I'm biased right now as last week Colorado had two children under the age of 5 killed by handguns in their own home (one was shot by his 3 yo brother who got a hold of a gun, and the other was a little girl who shot herself with her dad's pistol.....) I'm not a big gun person to begin with....