She barricaded the door with the couch and then McKinley armed herself with a two guns, 12-gauge shotgun and a pistol.   On the phone with 911 while the two men tried to break in, McKinley asked, “I’ve got two guns in my hand. Is it OK to shoot him if he comes in this door?”

The dispatcher responded by saying, “Well, you have to do whatever you can do to protect yourself, I can’t tell you that you can do that, but you have to do what you have to do to protect your baby.”

One of the two men, Justin Martin, turned up at McKinley’s door the day of her husband’s funeral claiming he was a neighbor who wanted to say hello.  Fortunately, Sarah did not open the door.

Laws in Oklahoma allow for the use of deadly force against intruders when you are acting in self-defense.  In McKinley’s case it appears that she was fully justified in shooting the intruder who eventually kicked in the door (after about 20 minutes of trying) of her mobile home and came at her with a hunting knife.

The moment that Martin managed to “get through the door” McKinley fired a single shot killing him on the spot.  Upon hearing the shots being fired, the second man fled the crime scene. When the police arrived they found martin slumped over the couch, still holding the knife, that she had used to barricade the door.  Police pronounced Martin dead at the scene.

Will she need a criminal defense lawyer?  McKinley will not be charged with any crime, however, Martin’s alleged accomplice, 29-year-old Dustin Louis Stewart, with first-degree murder.  ”When you’re engaged in a crime such as first-degree burglary and a death results from the events of that crime, you’re subject to prosecution for it,” said Assistant District Attorney James Walters.

The use of deadly force is almost always considered justifiable homicide if you are in fear for your life (i.e., someone is breaking through your bedroom door which has been locked.)  However, criminal statues and laws regarding the use of firearms to protect yourself vary from state to state, and it is always good to speak to a knowledgeable criminal defense lawyer to find out what your rights as a homeowner and gun owner are.

Always seek the most qualified, experienced and best attorneys in arizona for any type of litigation, including phoenix personal injury attorney.  Ask for a free consultation and get references and ask about their success rates.