OK Teenager Kills Intruder

I am just now getting to the 911 tape. I am not picking on the victim here at all, but this is a great example of what should not happen in such a situation, that is, not knowing when it is okay to use lethal force. I realize that there are all sorts of reasons why this woman may not have known when lethal force usage would be legal or may have needed confirmation on the use of lethal force and so she is fortunate to have had 911 to help her understand, but that option isn't always available or the time to have a discussion.

I am still very impressed with her. Despite what was going on, she did use 911 and did ask a lot of the right questions. She had armed herself before calling 911. She had mentally prepared to shoot, but wanted clarification on when it would be okay to shoot. She seemed to deal with the stress of the situation very well.
 
mehavy

Even if the landlord told them to go check on the place and even if they had a key, but the lock was different. Even if she never said anything, or even if she knew exactly who the man was. She was still justified in shooting once Justin Martin broke in the door and entered.
 
Well we got her story. It does appear he INVADED her home.
Just having some problems getting a statement from the dead intruder.
Good for her! Hope gun sales rise because of this!!!
 
DA's don't charge folks with 1st degree murder without a whole lot of good reason. I am glad we are getting a bit more info on this case little by little, but not saying the guy has no right to defense or a trial of his peers, but police and the DA must have a great deal of evidence to throw a 1st degree murder charge at this man right away.

Many times they will hold someone on a lesser charge while gathering evidence. I would like to hear the 911 call from this man as well. May just have to wait a good long time until this goes to trial. I suspect his lawyer is going to go for second degree murder in a plea deal.

In any case, the DA could not bring the 1st degree murder charge without substantial evidence of a felony that these two committed together. Most states assign the blame of any death in the commission of a felony to a murder charge even when the shooter is not the defendant. That is a harsh lesson to learn a bit too late.
 
Kickin' in a door of an occupied dwelling is all the DA needs to get a 1st degree murder charge... These are usually very easy cases to win. All the "beyond a reasonable doubt" stuff needed proven is whether he participated in the heinous felony of home invasion...

Most murder cases need to prove the feller killed the person intentionally and planned to do so...

Brent
 
Actually all the DA has to prove is that they were committing a felony at the time the man was shot by the victim. The broken in door, the 911 tape, the victim's testimony, the accomplice's 911 call and "turning" himself in. It sounds as if he probably has already made a statement not realizing that the death of anyone during the commission of a felony is murder. Many times, cops will get a person to confess to the felony not realizing that it is also a murder confession as well.

So, we have a dead body killed by an alleged victim during the occurrence of an alleged felony breaking and entering and possibly other charges. I am sure that they will be digging up the dogs if they weren't already cremated. If they prove poisoning of the dogs on top of all of the other charges, this man will be in for a very difficult uphill battle in his trial.

Once again, I am glad with the presumption of innocence until proven guilty, but it appears that the DA has a whole lot of evidence we have not yet even heard about above and beyond what is already public knowledge. Sounds like a possible very strong case for the DA.
 
Read another local article on this and it said that the dead guy tried coming to her house and "meeting her" in the weeks prior. Maybe to case the place? Maybe now that the husband had passed they were going to do terrible things to her? Who knows?

I also read speculation in the same article that they were there in an attempt to get pain meds that her dying husband likely had.

And as already stated, the accomplice is being charged with the murder of hsi dead buddy.

So lets see, in the state of OK you can be killed for simply entering a home unwanted and even if you are lucky enough to be the one that got away you are still charged with murder? Why on earth do these idiots continue to try and break into homes, especially in states with 2A and SD/HD laws like OK?

Oh well, on to the next one. What state will next weeks home invasion shooting thread be in?
 
ripbnst, that murder charge is hardly unique to OK. A lot of states, if not most states, have laws that allow charging of co-conspirators and/or accomplices with murder, if anybody is killed during the commission of their crime - to include one of their partners.

And most states also allow the shooting of an armed intruder; duty to retreat would be hard to push even in states that have one, since she had barricaded the door. Hardly reasonable to expect a further retreat than that.
 
MLeake said:
And most states also allow the shooting of an armed intruder; duty to retreat would be hard to push even in states that have one, since she had barricaded the door. Hardly reasonable to expect a further retreat than that.
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There are, I believe, still one or two regressive states that impose a duty to retreat within your own home. But most duty to retreat laws stipulate "in complete safety." I don't know how you prove (or disprove) that. In this case, after twenty minutes I'm sure she was aware that there were TWO people outside, so how could she possibly think she could escape -- with an infant -- in "complete safety"? Further, one article said she was holed up in her bedroom, and bedrooms don't typically have exterior doors (this was, I believe, a mobile home). So she had retreated about as far as she could retreat.
 
Just curious if OK has a Castle Doctrine. And in this case does it apply to renters? I believe it does. She was there legally, announced her intention and also did retreat to her bedroom ,essentially covering all her bases for a good shoot and even some not required under the law. Kudos to her. So regardless if there is another side to the story or an angle of landlords or what have you, bottom line is she was legally within her rights to shoot the way I see it.
 
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Just curious if OK has a Castle Doctrine. And in this case does it apply to renters?
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OK has had castle doctrine since 1987. It does apply to renters. The OK law came about after a Tulsa dentist killed a home invader. A Tulsa lawyer talked the family of the perp into suing the dentist. The rest is history.

http://www.telegraph.co.uk/news/wor...Day-law-cut-epidemic-of-violent-burglary.html

Another link to the story:

http://www.news9.com/story/16448996/accomplice-charged-in-blanchard-shooting-death

The Grady county DA won't file charges against the young lady:

http://news.yahoo.com/okla-mom-wont-face-charges-shooting-intruder-031645004.html
 
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Well then pretty cut and dry. I don't really give rat's behind what the other perp has to say. Inconsequential other than "Yeah, we poisoned the dog too." Another charge.
 
and it doesn't matter if rent was owed and the eviction notice was on its 29th of 30 days...

...in fact, a homeless man living in his car could've done the same thing from his backseat as the perp entered the front door with a footlong knife
 
thallub said:
Another link to the story:

http://www.news9.com/story/16448996/...shooting-death
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Well, well, well, that certainly blows the internet rumors out of the water.

Stewart 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."


At the same time, Stewart reported to police he did not know what happened but court documents show Stewart told police he and Martin devised a plan to burglarize the residence.

Stewart told investigators Martin knew Sarah McKinley's 58-year-old husband recently died of cancer and they expected to find prescription pain pills in the home. Alleged Accomplice Charged With Murder In Blanchard Shooting
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Just speculation on my part, but lets suppose Stewart and Martin were there only to steal oxycontin, or whatever and they thought no one was home and the 18 year old never answered their knocks and they thought the trailer was unoccupied. Well, too bad for them, that doesn't' help their case at all, or hurt the young mom's.

I'm under no obligation to answer my phone, or knocking on my door. If someone calls and knocks and no one answers and then they break in and get shot, tough break. Does that sound harsh, or scary? Well it doesn't to me, because I don't break into homes, or any other kind of buildings.
 
Who knew? Anonymous internet commenters relay bad information and family of dead thief can't believe their sweet darling boy would do such a thing and continue to defend him publicly despite all the evidence to the contrary. Just shocking...
 
Yup, end of story so to speak. Pretty cut and dried, the man has already admitted to the home invasion to get drugs. His only option is to seek a plea deal. Unfortunately for him, the DA is under no obligation to plea anything away. This will be an easy prosecution from the sounds of it, a confession, two 911 tapes and the physical evidence at the scene. It kinda sounds just like the story as it broke several days ago before all of the absurd internet chatter put forth so many unsubstantiated rumors. The lady did what she had to do. Thankfully, she did it well for her sake. The accomplice will see the insides of a jail for a long time and in my opinion, that is the right outcome.

How about standing up and applauding a patient, cool, calm, collected and legal response to a home invasion, terroristic robbery gone bad for the creep. Let it be a warning to other BD's in OK to reconsider abusing a young widow with an infant. Glad that the DA and cops released the information early in this case. I am sure that they will have a whole lot more evidence going into trial. At this point, I expect that he will cop a plea once again if the DA is even interested in going that route for a lesser murder charge.

Good old fashioned justice not seen hardly at all any longer.
 
...court documents ...a plan to burglarize the residence...expected to find prescription pain pills
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I have to admit, that pretty well provides all the context needed for murder prosecution.
I remain in awe, however, of their terminal stupidity in carrying it out.

Ignorance is curable.
Stupitidy is terminal.
 
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