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Charles Montaldo

Teen Mom Guns Down Home Invader

By , About.com GuideJanuary 5, 2012

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An 18-year-old Oklahoma mother and recent widow protected herself and her baby from a home invasion by shooting one of the intruders after asking for permission from a 9-1-1 operator. The emergency dispatcher told Sarah McKinley to "do what you have to do to protect your baby."

Justin Martin, 24, who may have had been stalking McKinley since her husband's funeral, was fatally shot in the chest as he broke into her home.

McKinley's husband died of lung cancer on Christmas Day and his funeral was held December 29. McKinley told investigators that Martin showed up at her mobile home on the day of the funeral. He claimed to be a neighbor, but McKinley refused to let him in.

Tried to Break In Mobile Home

McKinley later discovered that two of her dogs were dead and believed their deaths may have been linked to Martin. When he showed up at her house against on New Year's Eve, she recognized him and refused to let him in again.

This time Martin, who was armed with a large hunting knife, was not taking no for an answer and tried to force himself in, going back and forth between the front and back doors. He had another man, Dustin Stewart, with him.

McKinley pushed the couch in front of the door then went to get her guns.

'Is It Okay to Shoot?

"I walked over and got the 12-gauge, went in the bedroom and got the pistol and put the bottle in his mouth and then I called 911," McKinley told reporters.

McKinley told the dispatcher that her doors were locked and then she asked if it was permitted to shoot the intruder if her were to break in.

"I've got two guns in my hand -- is it OK to shoot him if he comes in this door?" she said. "I'm here by myself with my infant baby, can I please get a dispatcher out here immediately?"

'Do What You Have to Do'

"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. The 9-1-1 call lasted 21 minutes while Martin continued to force the doors open. Then he finally broke through the door.

He charged at McKinley with the knife and she fired immediately, hitting him in the upper torso. He was pronounced dead at the scene.

"I waited till he got in the door. They said I couldn't shoot him until he was inside the house. So I waited until he got in the door and then I shot him," McKinley said.

Martin's accomplice fled the scene, but later turned himself into police. Dustin Stewart told investigators that he and Martin planned to burglarize McKinley's home because they knew her husband had recently died of cancer and there were probably prescription painkillers in the home.

Stewart Facing Murder Charges

Because Martin died during the commission of an attempted felony, Stewart has been charged with first-degree murder in his death under the felony murder rule.

Sarah McKinley will face no charges.

"The Oklahoma laws are clear on the home, and the rights to defend your home are absolute. 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," Blanchard police detective Dan Huff told reporters.

McKinley told reporters the decision to shoot was not easy. "There's nothing more dangerous than a mother with her baby. But I wouldn't have done it if it wasn't for him," she said.

See Also:
Okla. Teen Mom Asks 911 for Permission, Fatally Shoots Intruder

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Discuss The Sarah McKinley Case

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Comments

January 5, 2012 at 8:30 am
(1) Kathy says:

GOOD FOR HER! She did what she had to do! For those people posting comments like, she should have screamed or she should have fired warning! That makes me crazy, why should she do anything other than what she did??? She has no obligation to give any warning to anyone breaking into her home. People that post those stupid comments, aren’t too much better than the people threatening this women’s life. Please don’t post stupid comments like that, that just shows ignorance. Sarah, you did the right thing, don’t feel bad and don’t let ignorant people make you feel bad for protecting yourself and your baby. I know that your husband is proud of you, may he rest in peace, knowing that you are fully capable of protecting his child!!

January 5, 2012 at 6:01 pm
(2) Roy Bean says:

Guns don’t belong in the hands of idiots, those who can’t use them or criminals. But here is clear case where this young mother and her child are alive and well because she had a gun and used it. When law enforcement is minutes away and you have only seconds to defend yourself, you had better have more than a cell phone. We’re glad this headline does not read, “Two drug thugs rape and murder teen mother and child while searching for drugs in a drug robbery.” No one should have to endure the twenty minutes she did. Peace to you and your child Sarah.

January 6, 2012 at 1:16 pm
(3) Jeff says:

I read an article recently that said the best way to stop a home invasion is to hit the panic button on your car keys, so that the honking of your car horn in the driveway scares off an intruder.

I am glad this young lady didn’t take the advice of that article, and instead gave this crook a chest full. Good for her.

January 11, 2012 at 9:10 am
(4) Ann Conroy says:

I would always try to shoot to injure rather than kill, if it’s possible, but the poor mother must have been terrified and certainly can’t be blamed.
But to charge the accomplice with first degree murder is absolutely ridiculous! He did something appalling, of course – but what kind of law can charge him with a crime as serious as murder? I find this incredible.

January 11, 2012 at 9:23 am
(5) Betsy says:

Sarah did what any mother would do to protect her own. Good for you Sarah, maybe thugs like those two will think twice before doing something so horrible.

January 11, 2012 at 11:48 am
(6) Dors says:

My condolences on the recent loss of your husband. He would be proud of your defense of your child and yourself. You have been through unimaginable horror these past weeks. While you have many feelings to reconsile, please give yourself credit for your strength of character. You’re one heck of a wonderful woman!

January 11, 2012 at 10:13 pm
(7) ns says:

What took the police so long? Those 21 minutes must have seemed like eternity. Hopefully this young mom will get any counseling she might need. Even though she was totally within her rights, more like duty, she is going to be questioning her actions. She did the right, the ONLY, thing she could do to protect herself and her baby. Those assholes didn’t have that big knife for looks. . .

January 19, 2012 at 2:01 pm
(8) Curious says:

whos stewart? i read the article for a law class and like i follow everyhting up untill the last paragraph that says stewart was cahrged with murder ? there was never a stewart mentioned??

January 29, 2012 at 11:04 pm
(9) crime says:

Check this sentence: “This time Martin, who was armed with a large hunting knife, was not taking no for an answer and tried to force himself in, going back and forth between the front and back doors. He had another man, Dustin Stewart, with him.”

March 8, 2012 at 12:46 am
(10) TOP CAT says:

That poor man she shot him and all he was doing was trying to break in on her.i would say that he was going to rob and rape her.But now we will never know for shure what he was going to do.this is a clear cut case of shoot first ask later.Maybe we could of helped him to stop doing bad things.Maybe he had to go to bath room who knows.

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