Alleged accomplice in Blanchard home invasion faces murder charge

An Oklahoma man accused of being involved in a home invasion that ended with the shooting death of one of the intruders is to be charged Wednesday with murder, a Grady County prosecutor said.
BY JULIANA KEEPING jkeeeping@opubco.com Modified: January 4, 2012 at 10:26 pm •  Published: January 4, 2012

The two men who invaded Sarah McKinley's Blanchard mobile home had just taken prescription painkillers and might have been after more medication, according to an affidavit filed Wednesday in Grady County.

Those and other details have come to light in the days since New Year's Eve, when McKinley, 18, shot and killed Justin Shane Martin, 24, of Blanchard, with a 12-gauge shotgun after he forced his way through her front door. McKinley's 3-month-old son, Justin, was with her in the house during the ordeal, which happened about 2 p.m. Saturday.

Martin died still clutching a knife in his gloved left hand, the affidavit states. His alleged accomplice, Dustin Louis Stewart, 29, of Blanchard, turned himself in after hearing the gunshot that killed Martin and now faces a first-degree murder charge.

Stewart was arraigned Wednesday and is being held in the Grady County jail with a bond hearing set for Thursday, Assistant District Attorney James Walters said.

The 911 call

“I've got two guns in my hand. Is it OK to shoot him if he comes in this door?” McKinley asked Grady County dispatcher Diane Graham shortly before she fired one of the guns.

“Well you have to do whatever you can do to protect yourself,” Graham is heard answering on the 911 tape released Wednesday. “I can't tell you that you can do that, but you have to do what you have to do to protect your baby.”

McKinley had barricaded the door with a couch. Martin had been aggressively knocking and managed to force the door open with his shoulder.

Graham said during a Wednesday interview that McKinley spoke in a whisper during the call, which she answered near the end of an otherwise quiet shift.

The shot rang loud and clear over the dispatcher's telephone. Law officers found Martin's body slumped over the couch.

The ordeal lasted 21 minutes, McKinley said. Graham said she dispatched a sheriff's deputy to the rural location, then notified the Blanchard Police Department because she thought a police officer might get there more quickly.

Grady County Sheriff Art Kell said a first-degree murder charge is appropriate for the intruder's alleged accomplice. Prosecutors said it was a clear-cut case of self-defense, and McKinley will not be charged.

“Our initial review of the case doesn't indicate she violated the law in any way,” Walters said.

“He should have thought about it before he went into someone's home,” Kell said. “I hope the best for his family.”

McKinley has stayed at her mobile home on the outskirts of Blanchard since the shooting. She said Wednesday she suspected she was being watched for weeks before the incident.

Trees that snapped and twisted during the May 24 tornado line the county road that dead-ends at the property where McKinley raises German shepherd puppies. She answered the door Wednesday with a shotgun in her hand. It's been a devastating few weeks for the young mother and widow.

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The Blanchard police set up a donation account for Sarah McKinley at the Chickasha Bank & Trust Company. Those interested in donating can send checks to P.O. Box 548 Blanchard, OK 73010 made payable to Sarah McKinley.

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