Young Mother Shoots, Kills Intruder Breaking Into Her Home

[Callaway]

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....

[earthboundmisfit]

The only thing that's sad is that BOTH those motherfuckers didn't get killed.

[Pyraxis]

Everywhere I go I see that link. Damn that girl was lucky. Everything set up in her favor, right down to the authority figure on the phone line.

[Calavera]

Bravo to that lady. She did the right thing.

[Queen Victoria]

PA and I were talking about this.  I said I'd consider the first 15 or 20 shots into the intruder target practice.  Case closed against the lady

[matthe]

The only thing that's sad is that BOTH those motherfuckers didn't get killed.

whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.

people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.

[P7PSP]

The only thing that's sad is that BOTH those motherfuckers didn't get killed.

whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.

people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.

Not correct.  Most states have some variant of castle doctrine or stand your ground law. Homeowners/residents in California have Penal Code section 198.5 http://law.onecle.com/california/penal/198.5.html Furthermore California law provides for immunity from lawsuits from family of dead burglars etc. I cannot find reference for that law right now. The immunity from suit was voted into law in the 1990s as a rider to an auto insurance Proposition. I voted for it.   

[Natalia Evans]

Good for her. I think everyone should be entitled to shoot an intruder because how do you know they don't have a gun or something and won't kill you?

In the state of Washington if you shoot at an intruder and they had no gun, you are in big trouble. That sucks donkey balls. Heck even robbers have sued the home owners and won because they didn't have a weapon.

[Scrapheap]

If she hadn't been a mother with a newborn and a recently dead husband, she might have been prosecuted for the shooting.     

[matthe]

The only thing that's sad is that BOTH those motherfuckers didn't get killed.

whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.

people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.

Not correct.  Most states have some variant of castle doctrine or stand your ground law. Homeowners/residents in California have Penal Code section 198.5 http://law.onecle.com/california/penal/198.5.html Furthermore California law provides for immunity from lawsuits from family of dead burglars etc. I cannot find reference for that law right now. The immunity from suit was voted into law in the 1990s as a rider to an auto insurance Proposition. I voted for it.

The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)

from here   http://en.wikipedia.org/wiki/Castle_doctrine   under conditions of use

but you are correct that most states have some sort of castle doctrine 31/50

ill have to do some research to find out about this imunity to civil wrongful death lawsuits...

[P7PSP]

Great bodily injury does not require loss of limb or permanent disability as a result in CA law either. I was a juror in The People Of California versus Robert Mills in 2000 and we (the jury) found Great Bodily Injury as an aggravating factor in the case of three separate knife wounds where Mills had cut a tendon in his wife's hand that needed reconstruction and a (relatively) shallow wound in the vicinity of her kidney that cut skin and striated tissue only and a small scar by her eye.

Not making light of her injuries, just pointing out that once criminal intent and guilt was established on separate counts Great Bodily Injury does not have a high burden. BTW Judge Kroyer sentenced Mills to 22 years 4 months. I never lost sleep over it, I never told the POS to attempt to murder his wife.
 

[renaeden]

Makes me wonder what would have happened to me if the guy who tried to break into my place was successful and I had hit him in the head with the metal pole I have. Because it probably would have been a serious injury at least.

I definitely would have done the same if I had been that woman.

[Parts]

I don't think she would have any problems in Ct after the home invasion that left three dead a few years ago. 

[matthe]

Great bodily injury does not require loss of limb or permanent disability as a result in CA law either. I was a juror in The People Of California versus Robert Mills in 2000 and we (the jury) found Great Bodily Injury as an aggravating factor in the case of three separate knife wounds where Mills had cut a tendon in his wife's hand that needed reconstruction and a (relatively) shallow wound in the vicinity of her kidney that cut skin and striated tissue only and a small scar by her eye.

Not making light of her injuries, just pointing out that once criminal intent and guilt was established on separate counts Great Bodily Injury does not have a high burden. BTW Judge Kroyer sentenced Mills to 22 years 4 months. I never lost sleep over it, I never told the POS to attempt to murder his wife.

yeah i guess 90% of the time its all about the jury.

Makes me wonder what would have happened to me if the guy who tried to break into my place was successful and I had hit him in the head with the metal pole I have. Because it probably would have been a serious injury at least.

I definitely would have done the same if I had been that woman.

not sure about oz legality or availability but telescoping batons usually work well for women...thats if you know how to use it...please protect that pretty little head of yours.

[renaeden]

Would have no idea how to use a telescoping baton. But the metal pole was handy. Cheers to GA for finding that on the side of the road!