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BY BOB HOLT
NEWJERSEYNEWSROOM.COM
Dustin Louis Stewart, 29, will be looking at murder charges in Oklahoma in the death of his accomplice during an attempted burglary. But he didn’t kill the man.
At about 2 p.m. on New Year’s Eve, 18-year old Sarah McKinley shot and killed Justin Shane Martin, 24, who had forced his way into her home. McKinley’s 3-month-old son was with her at the time, and her husband had just died of lung cancer a week earlier.
According to CNN, McKinley blocked one door and put a bottle in her baby's mouth before she called 911. She said she had two guns, and asked 911 dispatcher Diane Graham if she was allowed to shoot an intruder. Graham responded, “I can't tell you that you can do that, but you do what you have to do to protect your baby."
McKinley killed Martin with a 12-gauge shotgun. Stewart told police that Martin knew McKinley’s husband had recently died and wanted to burglarize the property because he expected narcotics were in the house.
Prosecutors charged Stewart with first-degree murder. According to the Washington Post, Assistant District Attorney James Walters said, “When you’re engaged in a crime and a death results from the events of that crime, you’re subject to prosecution for it.”
McKinley said, “It was either going to be him or my son. And it wasn't going to be my son.”
Mail Online reports Oklahoma law states that anyone who enters a home illegally can be defended against by using physical or deadly force. The Oklahoma Castle Doctrine says that someone can only shoot an intruder after they have entered your home.
According to NewsOK.com, McKinley said she believed she was being watched before the incident happened. McKinley raises German shepherd puppies, and she said four females had turned up dead in the last month. She suspects poisoning.
