Sarah Mckinley: No Charges for a Widow Who Defended Her Baby

Sarah Mckinley: No Charges for a Widow Who Defended Her Baby

Her husband had died of cancer a week earlier. Alone with her infant son, she was on the phone with 911 asking permission to shoot the man breaking down her door.

The Break-In

On New Year's Eve 2011, 18-year-old Sarah McKinley of Blanchard, Oklahoma, was home alone with her three-month-old son when 24-year-old Justin Martin broke into her home armed with a knife. McKinley called 911, telling the dispatcher, "I've got two guns in my hand. Is it OK to shoot him if he comes in this door?" The dispatcher told her she had to do what was necessary to protect herself and her baby.

The Shooting

McKinley waited until Martin entered her home before shooting him. She later said she deliberately held off shooting until he was fully inside, since she had been told she couldn't act until he had breached the doorway. Prosecutors determined the shooting was legally justified self-defense under Oklahoma's laws permitting deadly force against home intruders.

The Second Suspect

Martin's accomplice, Dustin Stewart, told police he fled when he heard gunshots and was later charged with first-degree murder, since Martin's death occurred during the commission of the burglary the two had planned together. Investigators said the men targeted McKinley's home believing they would find prescription medication there, having learned her husband — who was 58 and had recently died of cancer, just a week before the break-in — had needed pain medication during his illness.

McKinley's Account

McKinley later said publicly that she would not have used lethal force except to protect her son, describing her decision as a choice between her child's safety and the intruder's. "There's nothing more dangerous than a mother with her baby," she said.

FAQ

Was Sarah McKinley charged with a crime?
No. Prosecutors determined the shooting was legally justified self-defense.

What happened to the second intruder?
Dustin Stewart was charged with first-degree murder for Martin's death, since it occurred during their planned burglary.

Why did the intruders target McKinley's home?
Investigators believe they were looking for prescription medication, having learned her recently deceased husband had needed pain medication.

Sources