Teen Mom Who Shot Intruder To Defend Baby Is Justified

R. Mitchell — Fri, 06 Jan 2012 05:27:26 +0000

Authorities said they have no plans to file charges against a teen mother who shot and killed an intruder in her house on New Year’s Eve while stalking with a 911 dispatcher on the phone. Assistant District Attorney James Walters said, ”Our initial review of the case doesn’t indicate she violated the law in any way.” according to The Oklahoman.

When 18-year-old Sarah McKinley asked if she could to shoot the intruder, the Grady County dispatcher replied, ”I can’t tell you that you can do that, but you have to do what you have to do to protect your baby.”

Prosecutors said McKinley acted in self-defense as Oklahoma law allows the use of deadly force against intruders. According to court documents, the intruder was holding a knife when he died.

Oklahoma Self-Defense Act

TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER

A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes or places of business.

B. A person or a owner, manager or employee of a business is presumed to have held a reasonable fear of
imminent peril of death or great bodily harm to himself or herself or another when using defensive force
that is intended or likely to cause death or great bodily harm to another if:

1. The person against whom the defensive force was used was in the process of unlawfully and
forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle,30
or a place of business, or if that person had removed or was attempting to remove another against the
will of that person from the dwelling, residence, occupied vehicle, or place of business; and

2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible
entry or unlawful and forcible act was occurring or had occurred.

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Teen Mom Who Shot Intruder To Defend Baby Is Justified