Oklahoma mom who shot intruder

[MustangGal]

is being investigated. According to the article at least one search warrant has been conducted on her home.

http://www.ky3.com/news/kfor-mother-who-shot-intruder-faces-national-criticism-20120110,0,6438600.story

Even if there is more to this story, he broke into her home, with a knife. 'nuff said!

[2531]

Now this is what I call gun control. She controlled her gun and protected herself - good for her! The Second Amendment protects the First Amendment.

[Grand58742]

is being investigated. According to the article at least one search warrant has been conducted on her home.

http://www.ky3.com/news/kfor-mother-who-shot-intruder-faces-national-criticism-20120110,0,6438600.story

Even if there is more to this story, he broke into her home, with a knife. 'nuff said!

Typically both parties (victim and perpetrator) will be investigated in a wrongful death case. Not generally from a criminal standpoint on the victim, but it's just to make sure nothing is overlooked.

And the only search warrants that have taken place according to the article and video are the house of the two perps. I didn't see where the police searched her home.

[MustangGal]

It says on the video @ about -.20 that they "collected boots and a cell phone from Mckinley's home." I was incorrect when I said the article it wasn't clear about where the warrant was executed when it says, "Det. Dan Huff with Blanchard Police says, 'We might conduct another search warrant. We are still considering that and seeking additional information.'"

I was under the impression that the police investigation was already complete since the prosecutor had announced that no charges would be filed against Sarah McKinley.

[Grand58742]

You're right. I was confused when they said "McKinley's" home. Got the names mixed up.

These police investigations generally take a little time, even in sleepy towns like Blanchard and on what appears to be an open and shut case. The prosecutor originally said no charges would be filed, but that can always change depending on circumstances.

Not passing judgment on Mrs. McKinley here nor insinuating anything is amiss, just stating this for a lessons learned to the forum. Even if you are justified in using deadly force during a home invasion, there will still be an investigation into both the perp and you. It's a matter of policy.

[MustangGal]

The article/video were kind of confusing.

And I agree, an investigation is in order. If for nothing else, than to protect Mrs. McKinley in any future civil lawsuits that might be filed by the family of her attacker. In fact, it might behoove her to have a "trial" - I don't know how they would do it, I'll have to ask DH - he has worked several murder cases over the years. Anyway, what I am trying to say is, if she had a trial and was declared not guilty - double jeopardy would come into play.

[Grand58742]

You are correct.

Double jeopardy means you cannot put a person on trial "in jeopardy of life and limb" for the same offense. I.E. she can't be tried for the same murder twice. But she can be found guilty in a civil suit. I.E. the O.J. Simpson trial and how that played out. He was found not guilty on murder, but was found guilty in the wrongful death suit that followed. But no matter what the prosecutors can't retry the case for murder even if new evidence tying him to the crime came up. He could go out and scream he did it and there could never be another criminal trial. He's in jail anyway and I am a firm believer karma eventually catches up to you.

But back on the original topic. The family can always file civil suit for "damages" and whatnot and the defendant be found guilty if the situation dictates. I'm not saying it's fair, just the way the system works.

[Matt In Oklahoma]

Also ANYONE can file suit in their name. They may not even have anything to do with her, them or the case but the law says you can file suit on someones behalf. They are being thorough which will be better for her in the long run.

[survive]

heard of a suspicious story where there was a break in. The owner called the police and they raided her house and demanded that she open the gun cabinet. She said that nothing in there was touched. They insisted, she opened it, they took the guns and the intruder was never found...

Seemed a bit of a tactic just to get into the house to seize the guns and search the place.