Big Country Posted January 4, 2012 Share Posted January 4, 2012 I say good for her. Link to story 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." Quote Link to comment Share on other sites More sharing options...
matt770 Posted January 4, 2012 Share Posted January 4, 2012 I say good for her. +1, hope he suffered. Quote Link to comment Share on other sites More sharing options...
Huzz Posted January 4, 2012 Share Posted January 4, 2012 (edited) 21 minutes she was on the phone with 911 so we can assume that the cops had not responded for nearly 30 minutes. I don't really know much about what is considered noraml response time especially in a city like OK City but 30 minutes seems like a lot. Maybe a quicker response time by police might have saved a life. Obviously the intruder got what he had coming, he knew the risks involved. Edited January 4, 2012 by Huzz Quote Link to comment Share on other sites More sharing options...
MrTed46 Posted January 4, 2012 Share Posted January 4, 2012 100% justified Quote Link to comment Share on other sites More sharing options...
Brentastic Posted January 4, 2012 Share Posted January 4, 2012 What P.O.S. scumbag goes to a known widow's house to rob/kill just a week after said widow's husband died? I hope the surviving intruder gets ass raped in prison. Quote Link to comment Share on other sites More sharing options...
DMD Posted January 4, 2012 Share Posted January 4, 2012 21 minutes she was on the phone with 911 so we can assume that the cops had not responded for nearly 30 minutes. I don't really know much about what is considered noraml response time especially in a city like OK City but 30 minutes seems like a lot. Maybe a quicker response time by police might have saved a life. Obviuosly the intruder got what he had coming, he knew the risks involved. I believe she was in a small mobile home out in the country all by herself. She did not live in OKC. If you approach a small trailer out in the country in East Texas, Oklahoma or Arkansas, you can pretty safely assume there is a loaded firearm inside. Quote Link to comment Share on other sites More sharing options...
muck Posted January 4, 2012 Share Posted January 4, 2012 Man ... one of many situations I pray I (nor my kids) ever find themselves in ... having to use deadly force to save themselves from another bent on harm. BTW, my thesis ... these young guys got hopped up on porn and drugs and were looking for a little gratification. Quote Link to comment Share on other sites More sharing options...
Yukon Cornelius Posted January 4, 2012 Share Posted January 4, 2012 gotta love humans Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted January 4, 2012 Share Posted January 4, 2012 21 minutes she was on the phone with 911 so we can assume that the cops had not responded for nearly 30 minutes. I don't really know much about what is considered noraml response time especially in a city like OK City but 30 minutes seems like a lot. Maybe a quicker response time by police might have saved a life. Obviously the intruder got what he had coming, he knew the risks involved. The guy needed to be dead. Quote Link to comment Share on other sites More sharing options...
electricrelish Posted January 4, 2012 Share Posted January 4, 2012 I believe she was in a small mobile home out in the country all by herself. She did not live in OKC. If you approach a small trailer out in the country in East Texas, Oklahoma or Arkansas, you can pretty safely assume there is a loaded firearm inside. It's like an episode of Justified, although that's about Kentucky. Quote Link to comment Share on other sites More sharing options...
delusions of grandeur Posted January 4, 2012 Share Posted January 4, 2012 (edited) Actually I don't believe this is 100% true: "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. That may vary from state to state or locale (not sure), but while it was completely justified according to the law in this case, because the clear threat of harm to her child that she expressed to the 911 operator; But say for example that a person shot an intruder, perhaps it turns out even unarmed, and talking to the cops afterwards said, "Hell no, I wasn't scared. He wasn't gonna come in here and steal my TV!" or something like that, IIRC, it's possible it could result in either legal (manslaughter) or civil action. In most cases it's a longshot it come down to that, but to be sure, you need to be able to express that you feared for your life and safety to cover all bases with the law.... From my understanding, it can be illegal to shoot someone just for breaking in, unless you can make your case you feared for your yours or your family's safety (which fortunately is a fairly easy requirement). Just a friendly tip if some scum bag comes in and threatens your household, to make sure he doesn't take you down with him... Edited January 4, 2012 by delusions of granduer Quote Link to comment Share on other sites More sharing options...
wirehairman Posted January 4, 2012 Share Posted January 4, 2012 Just a friendly tip if some scum bag comes in and threatens your household, to make sure he doesn't take you down with him... 12 gauge > 12 inch hunting knife . . . so, check. Quote Link to comment Share on other sites More sharing options...
CowboyGal2011 Posted January 4, 2012 Share Posted January 4, 2012 Actually I don't believe this is 100% true: .... From my understanding, it can be illegal to shoot someone just for breaking in You don't know much about oklahomo or texas, son. Quote Link to comment Share on other sites More sharing options...
Pope Flick Posted January 4, 2012 Share Posted January 4, 2012 14 posts and this is the first about bringing a knife... Quote Link to comment Share on other sites More sharing options...
delusions of grandeur Posted January 4, 2012 Share Posted January 4, 2012 (edited) 12 gauge > 12 inch hunting knife . . . so, check. Good, glad you got the point of what I was saying. You don't know much about oklahomo or texas, son. I know plenty about how things go in the country, but I've also taken a prelaw class or two, so for those of you who don't live in an area like Kennesaw, where homeowners are required to have a firearm, you'd be smart to paint an intruder shooting as purely self-defense, even if it's really just home defense. I ain't the one who's gonna sue or prosecute you, but be forewarned if you cap someone, it's possible that you still may have to answer questions and justify why you did it... Edited January 4, 2012 by delusions of granduer Quote Link to comment Share on other sites More sharing options...
I Like Soup Posted January 4, 2012 Share Posted January 4, 2012 As a kinda new father, I can't imagine dying without my child knowing who I am...not to mention leaving him behind. So major there as I am much more sensitive to those things now. For the mother...hell's yeah. I wouldn't even think twice to find out if they meant any harm to my child, I'd simply assume the worse as I wouldn't want them to get a leg up on me while I was figuring it out. Quote Link to comment Share on other sites More sharing options...
CowboyGal2011 Posted January 4, 2012 Share Posted January 4, 2012 but I've also taken a prelaw class or two Oh well then, excuse me. Quote Link to comment Share on other sites More sharing options...
CowboyGal2011 Posted January 4, 2012 Share Posted January 4, 2012 oh dang.... § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:... (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime... Quote Link to comment Share on other sites More sharing options...
Chargerz Posted January 5, 2012 Share Posted January 5, 2012 A law enforcement friend of mine once told me if someone is trying to break into my house I need to make sure he gets in before I shoot him and I need to make sure I kill him. Dead men tell no lies. Quote Link to comment Share on other sites More sharing options...
delusions of grandeur Posted January 5, 2012 Share Posted January 5, 2012 Oh well then, excuse me. You're right, that was a little pompous, but this isn't law-school stuff, it's evident literally all over the web that "self-defense" protects you from legal consequences far more than just shooting a robber because they're on your property uninvited. Here's an interesting story from Texas, the state your alias appears to be familiar with the laws for. Check the bolded: Arlington man who fatally shot burglar gets 12 years for murder By Diana Hefley, Herald Writer EVERETT -- In the end, a judge decided that the case wasn't about a murder. What Keira Earhart did was more akin to manslaughter, Snohomish County Superior Court Judge Larry McKeeman concluded on Wednesday. He sentenced the Arlington man to a dozen years in prison -- three years below the standard range. Earhart shot Ryan Rzechula in the back on Nov. 16, 2009. Earhart, 39, encountered Rzechula about three hours after a break-in at his Arlington house, a quarter-mile away. Earhart had gone looking for the burglar and his wife's missing jewelry. He suspected that Rzechula, 25, was responsible for the break-in and called 911. Prosecutors alleged that Earhart shot the unarmed man as he was running away, ignoring Earhart's commands to stop. Rzechula died in a creek bed. His body was discovered two days later. Detectives found jewelry in his pocket that was stolen from Earhart's house. When the case went to trial late last year, jurors acquitted Earhart of intentional murder. They were deadlocked over whether he was guilty under a different theory and also couldn't reach a decision on whether he was guilty of manslaughter. That left the door open for Snohomish County deputy prosecutor Mara Rozzano to retry the case. Jurors last month convicted Earhart of second-degree murder under a felony murder theory. They concluded that Earhart committed assault by pointing a gun at Rzechula. In the course of that crime, Earhart killed the Stanwood High School graduate. That made him guilty as charged, the jurors found. The jury rejected Earhart's claim that he shot Rzechula in self-defense. Prosecutors on Wednesday asked for an 18-year prison term, a mid-range sentence under state guidelines. "You don't get to shoot someone who won't stop," Rozzano said. Earhart has shown little remorse for his actions and has taken steps to "further victimize Ryan without taking responsibility for his actions," Rozzano said. Defense attorney Pete Mazzone argued that there were grounds to deviate from the standard range and sentence Earhart to six years in prison -- a year for the killing and a mandatory five years for criminal use of a firearm. The law gives judges discretion to deviate from the standard range under certain parameters. Mazzone argued that Rzechula provoked the situation by breaking into Earhart's house and threatening him three hours later. That was reason to impose a sentence below the guidelines, he said. Earhart's been a law-abiding family man his whole life, the lawyer said. Dozens of people, including the man's two children, ages 10 and 12, wrote letters to the judge. They praised his contributions to the community and his family. "Dad is really nice. He is always in a good mood. I don't believe I ever saw him sad. Or at least cry a tear, which is good, it means he's strong," his 10-year-old daughter wrote. Earhart apologized to Rzechula's parents on Wednesday. "I'm very sorry. I'm very sorry," Earhart said through tears. Rozzano argued against leniency. Rzechula's life was taken over a few possessions, she said. "This is a tragedy of Mr. Earhart's making. He elected to pull the trigger," Rozzano said. McKeeman presided over both murder trials. He heard the same evidence that jurors heard, and more. The judge on Wednesday acknowledged that both families were suffering because of Earhart's actions. They have handled themselves well during two very difficult trials, the judge said. McKeeman said he'd hadn't received any letters from anyone asking him to endorse vigilantism. Jurors didn't believe Earhart's version of events and rejected his self-defense claim, the judge said. Still, the evidence was clear that Rzechula burglarized Earhart's home and eluded police to avoid taking responsibility for his actions. He continued to try to elude authorities when he refused to stop for Earhart, the judge said. That provoked the final incident that ended in his death, McKeeman concluded. The burglar's actions also supplied reason to sentence his killer to punishment below the standard range, the judge said. Earhart's reaction was disproportionate to Rzechula's actions, McKeeman said. However, this murder was not typical. Earhart didn't intend to commit a felony. He set out to locate the burglar, have him arrested and get his property back, the judge said. "If he intended to commit a felony, he wouldn't have called 911," when he encountered Rzechula, McKeeman said. The judge said a more-appropriate punishment for Earhart would be a sentence typical for first-degree manslaughter. He felt Earhart's actions met the legal definition of being reckless -- a necessary element of manslaughter. Regardless, under the law Earhart will remain a convicted murderer. Now if you care to google "robber sues victim", you'll probably get tons of other reasons why you don't want to give anyone ammunition to say that you were in the wrong to shoot an intruder. So while I know H8girljuice loves these internet gotchas, it's absolutely not going to hurt and only help to emphasize that you acted in self-defense and in fear for the safety of you or your children, and not just property defense. 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Furd Posted January 5, 2012 Share Posted January 5, 2012 A law enforcement friend of mine once told me if someone is trying to break into my house I need to make sure he gets in before I shoot him and I need to make sure I kill him. Dead men tell no lies. The last person that I'd ask to explain the law is a cop. Self-defense laws vary by state. If you're going to keep a gun in your home, you must know those laws. Some states allow you to shoot people to protect property. Most do not. Some states say that if you have the ability to retreat from the danger, even in your home, you must. Some states say that you don't have a duty to retreat in your home. Most require that, even in your home, to justify the use of deadly force you must have a reasonable belief that you/someone else is in imminent danger of serious harm. Some unarmed guy who just stepped through the window of your home 30 feet away has not placed you in imminent danger of serious harm, particularly if you have a gun trained on him. And you're a total dumbass if you stand there and watch a guy trying to break into your house. Quote Link to comment Share on other sites More sharing options...
tazinib1 Posted January 5, 2012 Share Posted January 5, 2012 Hope it was a head shot. Quote Link to comment Share on other sites More sharing options...
westvirginia Posted January 5, 2012 Share Posted January 5, 2012 Hope it was a head shot. Oh no, I hope it was a lower abdomen/pelvic shot and hurt like hell for the time it took the cucksocker to bleed out. Good on the Mom. I wonder if H8tank has any daughters old enough to have been that girl? Oh, and any pics? She's only 18 and can obviously handle her firearms... Quote Link to comment Share on other sites More sharing options...
Big John Posted January 5, 2012 Share Posted January 5, 2012 I wonder if H8tank has any daughters old enough to have been that girl? Younger than that Quote Link to comment Share on other sites More sharing options...
loaf Posted January 5, 2012 Share Posted January 5, 2012 awesome Quote Link to comment Share on other sites More sharing options...
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