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(OK) Homeowner justified in killing burglar 09-06-03

Discussion in 'General Gun Discussions' started by WAGCEVP, Sep 10, 2003.

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    WAGCEVP Member

    May 26, 2003
    (OK) Homeowner justified in killing burglar 09-06-03
    Date: Sep 10, 2003 3:02 AM
    No link for this story.

    2003 The Tulsa World (Oklahoma)
    September 6, 2003 Saturday Final Home Edition
    SECTION: NEWS; Tulsa; Crime; Pg. A17
    Homeowner justified in killing burglar, DA says

    BY CARY ASPINWALL World Staff Writer
    Prosecutors have ruled that a Tulsa man was justified in fatally
    shooting a burglar last month.

    Homer Saunders, 57, will not be charged with a crime for shooting and
    killing Michael Eugene Frost on Aug. 28 after he caught Frost breaking
    into his home, officials said.

    Prosecutors ruled that "it was a justifiable homicide based upon
    self-defense," Assistant District Attorney Steve Kunzweiler said.

    "The homeowner was in a position of being in fear for his life," he

    The state's "Make My Day" law allows any lawful occupant of a dwelling
    to use any amount of force, including deadly force, against people who
    enter the dwelling unlawfully, prosecutors have said.

    Evidence indicates that Frost, 32, was holding a brick when he "came at"
    Saunders and that "the homeowner decided to defend himself."

    When police and EMSA medics arrived at Saunders' home at 2217 S. 128th
    East Place about 11:30 a.m. Aug. 28, they saw Frost on the ground in the
    side yard.

    Frost, who was bleeding from a shotgun wound to the lower back and
    buttocks, was taken to a hospital, where he was later pronounced dead.

    An investigation revealed that Frost had cut the screen on a window of
    Saunders' house, police said.

    Frost reportedly ignored Saunders' verbal commands after Saunders had
    armed himself with a shotgun, officials said.

    Saunders saw a pouch that he suspected contained a handgun by the window
    where Frost was trying to break in.

    Frost had a brick and kept eyeing the pouch while running in Saunders'
    direction and toward the pouch when Saunders fired, police said.

    The pouch contained a day planner, Kunzweiler said.

    Frost was on probation after being caught breaking into a house in March
    2002, court records show.

    In that burglary, he smashed a window and entered the house while a
    teenage girl was home alone taking a shower, court records show. She
    managed to escape through the bathroom window and run to a neighbor's
    house to call the police.

    Frost pleaded guilty to first-degree burglary, and District Judge Tom
    Gillert sentenced him June 3, 2002, to seven years in prison but agreed
    to review that sentence in nine months.

    After receiving a Department of Corrections report on Frost's conduct in
    prison, Gillert modified the sentence on March 10 to a six-year,
    three-month probation, entitling Frost to release.

    He was to be supervised by the DOC and perform 80 hours of community
    service, records show. He did not fulfill the requirements of his
    probation, however, and prosecutors applied in mid-August to revoke the
    suspended sentence.

    Gillert issued an arrest warrant for Frost on Aug. 14, but Frost was
    never arrested for that warrant, court and jail records show.
  2. TallPine

    TallPine Member

    Dec 26, 2002
    somewhere in the middle of Montana
    Good riddance!

    Tulsa just got a little bit safer.
  3. laynlow

    laynlow Member

    Dec 25, 2002
    I am glad to see this outcome. This was an interesting case for OK because the shooting actually took place outside the home. A neighbor nearby heard the shots and called the police.
  4. Quartus

    Quartus Member

    Jan 13, 2003

    :confused: I'm surprised they did the right thing here. THey could have made it a murder case.
  5. laynlow

    laynlow Member

    Dec 25, 2002
    Some reported that the suspect was running away when shot, others stated that he appeared to be going for a weapon. Who knows what the actual police investigation revealed. I am glad the homeowner was able to defend his home, and because this falls under our "make my day" law the homeowner is immune from civil lawsuits as well.
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