Board 8 > Oklahoma woman shoots intruder, his accomplice is charged with 1st degree murder

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KingButz
01/04/12 7:02:00 PM
#1:


http://edition.cnn.com/2012/01/04/justice/oklahoma-intruder-shooting/

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.

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.

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.

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.


His buddy was killed walking in the door, so they charge him with the murder. Nice.

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Menji76
01/04/12 7:02:00 PM
#2:


Is this the one where the lady called the police and asked if she could shoot them and they said to wait until he entered.

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KingButz
01/04/12 7:03:00 PM
#3:


From: Menji76 | #002
Is this the one where the lady called the police and asked if she could shoot them and they said to wait until he entered.


yeah

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Menji76
01/04/12 7:04:00 PM
#4:


Thought so, the video I watched didn't talk about this part. Interesting stuff.

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Wanglicious
01/04/12 7:04:00 PM
#5:


felony-murder =/= murder. they're pretty distinct charges. both are major crimes however.

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OctilIery
01/04/12 7:04:00 PM
#6:


Fair and legal.

Anyone comitting a felony with a group is responsible for all crimes that happen during, including deaths of their accomplices.

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PartOfYourWorld
01/04/12 7:05:00 PM
#7:


From: Menji76 | #002
Is this the one where the lady called the police and asked if she could shoot them and they said to wait until he entered.


Did she yell out to the intruders that she had a shotgun and was ready to use it?

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OmarsComin
01/04/12 7:06:00 PM
#8:


I don't think she should be in trouble but charging him with murder doesn't really make sense

he didn't kill anyone and probably didn't plan to
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Wanglicious
01/04/12 7:07:00 PM
#9:


felony-murder doesn't require any intent to kill or anything really related to murder. just needs a dead guy while committing a felony. it's not the same anything to murder though, ruling-wise or sentence-wise (hell, even language-wise seeing how those usually aren't actually murder). that's just what it's called.

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LordoftheMorons
01/04/12 7:12:00 PM
#10:


OmarsComin posted...
I don't think she should be in trouble but charging him with murder doesn't really make sense

he didn't kill anyone and probably didn't plan to


This.

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Tehmoosey1
01/04/12 7:32:00 PM
#11:


Maybe 2nd degree murder would work; it clearly wasn't premeditated.

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Mershaaay
01/04/12 7:37:00 PM
#12:


Wanglicious posted...
felony-murder doesn't require any intent to kill or anything really related to murder. just needs a dead guy while committing a felony. it's not the same anything to murder though, ruling-wise or sentence-wise (hell, even language-wise seeing how those usually aren't actually murder). that's just what it's called.

XFD I love how people are just ignoring this


Okay everyone, just pretend like "felony-murder" is actually called "doodooheadery"

The guy is being charged with doodooheadery, not murder

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ExThaNemesis
01/04/12 7:41:00 PM
#13:


The question is, did she shoot him twelve times?

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Wanglicious
01/04/12 7:50:00 PM
#14:


well it was a 12-gauge.
is that close enough?

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Dr_Football
01/04/12 7:50:00 PM
#15:


ExThaNemesis posted...
The question is, did she shoot him twelve times?

yessssssssss

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PrivateBiscuit1
01/04/12 7:52:00 PM
#16:


All murders are fine if there's a 12 somewhere in it.

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Wanglicious
01/04/12 7:53:00 PM
#17:


does this mean we should start judging murder by santa's standards?
i mean he's the master of all things 12.

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ExThaNemesis
01/04/12 7:54:00 PM
#18:


From: Wanglicious | #014
well it was a 12-gauge.
is that close enough?


good enough for me. apparently good enough that they literally charged SOMEONE ELSE with the murder.

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PrivateBiscuit1
01/04/12 7:56:00 PM
#19:


Maybe it was all a ploy.

She mentioned that he was stalking her, so she called the surviving guy to work with him. The survivor was all "Dude, let's totally break into her house so you can tell her you love her." And then they broke in and he SHOVED him into her bullets.

Does anyone know if the man who is sentenced for murder is called Little Jimmy?

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ScorpioVS
01/04/12 8:02:00 PM
#20:


Did she yell out to the intruders that she had a shotgun and was ready to use it?

I would like to know this as well.

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red sox 777
01/04/12 8:02:00 PM
#21:


Uh, felony murder is treated like murder for sentencing. It's a truly ridiculous doctrine in my opinion. The whole point of having different degrees of murder is to differentiate based on intent, but felony murder requires no intent, no mens rea at all towards the death, so it does away with the degrees.

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