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How funny

How funny

How funny.

Okla. Mom Won’t Face Charges, but Victim’s Accomplice Will

The young Okla­homa moth­er who shot and killed an intrud­er to pro­tect her 3-month-old son on New Year’s Eve will not face crim­i­nal charges.Pros­e­cu­tors have instead charged the intrud­er’s alleged accom­plice, 29-year-old Dustin Stew­art, with first-degree mur­der in the death of his friend, Justin Shane Mar­tin, 24.Police said the two men broke into 18-year-old Sarah McKin­ley’s mobile home in Blan­chard, Okla., the evening of Dec. 31, while the young widow was home with her baby. McKin­ley’s hus­band had died the week before, on Christ­mas Day, of lung can­cer.McKin­ley told police that Mar­tin had stopped by the house on the day of her hus­band’s funer­al claim­ing he was a neigh­bor who want­ed to say hello.On New Year’s Eve, Stew­art joined Mar­tin, who this time was armed with a 12-inch hunt­ing knife. Police said the two men may have been high on pre­scrip­tion painkillers and look­ing for more drugs in McKin­ley’s home.As one of the men went from door to door out­side her home try­ing to gain entry, McKin­ley told ABC News’ Okla­homa City affil­i­ate KOCO that she quick­ly got her 12 gauge, went into her bed­room and got a pis­tol, put a bot­tle in the baby’s mouth and called 911.”I’ve got two guns in my hand. Is it OK 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 McKin­ley asked again if it was OK to shoot the intrud­er if he came through her door.”I can’t tell you that you can do tha,t but you do what you have to do to pro­tect your baby,” the dis­patch­er told her. McKin­ley was on the phone with 911 for 21 min­utes.When Mar­tin kicked in the door, the young moth­er shot and killed him. Accord­ing to court doc­u­ments, Mar­tin was hold­ing a knife when he died.Author­i­ties called McKin­ley’s actions jus­ti­fied because she clear­ly acted in self-defense. Okla­homa law per­mits the use of dead­ly force against intrud­ers.Stew­art, who ran away from McKin­ley’s home after hear­ing the gun­shots but later turned him­self in to police, was charged in Mar­tin’s death.”When the death of some­one occurs in com­mis­sion of a felony, we’re allowed to file a mur­der charge, and that’s what we’ve done in this par­tic­u­lar case, because Mr. Stew­art, in this case, will be respon­si­ble for the death of Justin Martin,” said …


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