Oklahoma Mom Calling 911 Asks If Shooting An Intruder Is Allowed

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No More Sorrow

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(CNN) -- An Oklahoma 911 operator calmly advised a recently widowed mother who asked if it was permissible to shoot an intruder, officials said Wednesday.

"I've got two guns in my hand. Is it OK to shoot him if he comes in this door?" asked Sarah Dawn McKinley of Blanchard.

"Well, you have to do whatever you can do to protect yourself," dispatcher Diane Graham responded during the incident on New Year's Eve day. "I can't tell you that you can do that, but you do what you have to do to protect your baby."

In the end, McKinley, 18, fired a 12-gauge shotgun and killed Justin Shane Martin after he entered her residence, according to a Blanchard Police Department affidavit filed in court Wednesday.

"You have to make a choice, you or him. I chose my son over him," McKinley told CNN Oklahoma City affiliate KWTV. Her boy is 3 months old.

First Assistant District Attorney James Walters told CNN that McKinley will not be charged because she acted in self-defense.

"A person has the right to protect themselves, their family and their property," Walters said.

As for the 911 operator's guidance?

"I would agree with that advice," the prosecutor said.

Graham was the first of two 911 operators to talk with McKinley.

She told HLN's Jane Velez-Mitchell on Wednesday she learned in training that she could not tell a caller to shoot someone, "(but) as a mother, I wanted her to protect her baby."

"She did a very good job in keeping her calm," Grady County Sheriff Art Kell said of Graham. "Her job is to make sure the person on the phone is comfortable ... to give them support."

McKinley was on the phone with a second dispatcher when she pulled the trigger.

McKinley's husband died Christmas Day of cancer, Walters said. Evidence indicates Martin and Dustin Louis Stewart, 29, may have been looking for painkillers or other drugs taken by McKinley's ill husband, Walters said. Investigator found no such drugs.

According to the affidavit, the men approached McKinley's manufactured home Saturday afternoon. Martin had devised a plan to burglarize the residence, police said.

Stewart told investigators he and Martin ingested hydrocodone about 30 minutes before reaching the rural home, the affidavit states.

Martin "aggressively" knocked on the doors of the home and gained entry by hitting one of them with his shoulder, police said. Stewart said "he heard a gunshot after Martin entered the residence," and Stewart then "fled on foot."

Martin, 24, was found between the door and a couch with a knife clutched in his gloved left hand, police said.

McKinley said she had pushed the couch against the door to deter entry, police said.

Stewart was charged with first-degree felony murder, Walters said. If during the commission of certain offenses, such as burglary, a death results, an individual can be charged in the death, the prosecutor said.

Kell said Stewart is in jail, with a bond hearing scheduled for Thursday.

CNN's calls to Blanchard police were not immediately returned Wednesday.

Stewart's attorney, Stephen Buzin, told CNN he will seek bond.

Buzin would not comment on specifics of the case against his client. "We will let the facts come out at trial and feel comfortable with his innocence," the attorney said.

Martin apparently had approached McKinley's home a couple days before her husband died, saying he wanted to introduce himself, Walters said.

He said McKinley was on the phone with authorities for 21 minutes.

"She remained as calm as one could under the circumstances and had the forethought and called 911, as everyone should," he said.