Okla. mom Sarah McKinley won't face charges for shooting intruder

By: Crimesider Staff
Topics: Daily Blotter

Sarah McKinley and her son

/ AP Photo/The Oklahoman, Steve Sisney

(CBS/AP) BLANCHARD, Okla. - Authorities say they won't file charges against an Oklahoma widow who fatally shot a New Year's Eve intruder at her house while she was on the phone with a 911 dispatcher.

Pictures: Oklahoma teen mom shoots intruder

Sarah McKinley, 18, asked a Grady County dispatcher for permission to shoot the intruder 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 in the 911 tape released Wednesday. "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's 3-month-old son was with her when she shot Justin Shane Martin, 24.

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 Martin's alleged accomplice, Dustin Louis Stewart, 29.

Stewart, who called 911 shortly after the home invasion, told 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."

Stewart reportedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."

Stewart was charged with first-degree murder.

"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.

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.

More on Crimesider
January 4, 2012 - Okla. teen mom asks 911 for permission, fatally shoots intruder on New Year's eve

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by crazy4layne May 1, 2012 1:56 PM EDT: It took them 20 MINUTES to get her door open, and the police couldn't get there in that amount of time, are you serious????; Reply to this comment


by peach298 January 6, 2012 8:27 PM EST: I am impressed with the bravery of Sarah McKinley.
Entrance without invitation is tresspass and a violation of her personal sactuary, her home. The article that I read clearly indicated premeditation on the parts of the two young men.
And the young man who died was coming at her and her baby with a knife in hand. Her action was entirely appropriate!
There is great joy that two lives were saved.; Reply to this comment


by Walther38 January 6, 2012 12:16 PM EST: I love to hear stories like this. I hope she gunned down that little piece of s*$t before he had a chance to breed. Population control at its best.; Reply to this comment


by ahendryx819 January 6, 2012 11:58 AM EST: Hahahaha...where are all the gun-control freaks now???; Reply to this comment


by Dgunner January 6, 2012 3:45 AM EST: In oklahoma the make my day law is respected to its' highest. A five strand barbed wire fence is automatic no tresspassing. If you are in the yard and threaten a person or thier property and they gun you down Then you die simple as that and if you check the stats they have very low home invasion and outside property theft.Poaching wildlife on private property if you believe your livestock is danger then first call 911 and if they don't arrive in time oh well tough . The would be thief or killer goes down hard.; Reply to this comment


by jeanounou January 6, 2012 12:49 AM EST: Hey there people, anyone else thinks it's weird that the barely 18yrs old lady was married to a 58 yrs old man?
Is this a common practice in the US?
I thought things like that happened only in Pakistan!; Reply to this comment


by kbbpll January 6, 2012 12:24 AM EST: Advice from my uncle who was an attorney - if someone breaks into your house and you kill them, but they fall outside, drag them back inside.; Reply to this comment

by Vetzero58 January 5, 2012 11:30 PM EST

He's DEAD Jim !

---McCoy

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by seeker2000 January 6, 2012 1:45 AM EST: ... but that's impossible!

---Kirk


by Dgunner January 6, 2012 3:39 AM EST: Dammit jim I'm a doctor not a surgeon!

by Leaderless January 5, 2012 10:53 PM EST

Too bad the other guy is still upright......

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by newyorkstate January 7, 2012 8:00 AM EST: Sarah, if you are ever charged, demand a jury trial. NOBODY WILL EVER CONVICT YOU.
STACK IT ALL WITH WHITE SENIORS.
MINORITIES WILL CONVICT YOU OUT OF SPITE.

by SirPubert January 5, 2012 10:12 PM EST

you people are all wrong. when someone gets shot you don't go hurray even under these circumstances. Show a little reverence.

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by netjunkie1 January 5, 2012 10:36 PM EST: I revere the lady, the jerk got what he had coming to him, remember he died holding a knife after 20 minutes breaking in....If you want to blame anyone though, blame the police who could have kept this a break in instead.