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Updated: 6:47 PM Jan 4, 2010
Suspect shot during home invasion in Durant
DURANT, OK - A 17-year-old male suspect has been flown to a Plano hospital after he was shot in the back during a home invasion in Durant. Josh Stevenson has this 6 p.m. live report.
Posted: 1:05 PM Jan 4, 2010Reporter: Josh Stevenson Email Address: josh.stevenson@kxii.com |
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DURANT, OK - A 17-year-old male suspect has been flown to a Plano hospital after he was shot in the back during a home invasion in Durant.
Durant police say the teen broke into a home in the 1000 block of North Third just after 11:30 this morning while the homeowner was inside. The homeowner awoke to find the suspect inside. He yelled for the teen to stop, and then shot the suspect in the back.
Police believe the teen fled first to a relative's house across the street, and then to a friend's house in the 200 block of West Poplar, where 911 was called.
The teen was transported to the Medical Center of Southeastern Oklahoma. A medical helicopter was then called to MCSO, and the teen was flown to a Plano hospital.
""He crawled through the window, the homeowner was there, and shot the suspect," Lt. Carrie Wyrick of the Durant Police Department said.
Under Oklahoma Law, homeowners have the right to defend themselves and even to kill an intruder.
"If somebody breaks into your home, there is a belief that they are going to do you great bodily harm," Ardmore attorney Charlie Milor says.
Oklahoma State Law not only allows for someone to use deadly force in protecting their home, it also protects citizens from being sued by injured intruders.
"It provides protection from civil cases and stops the person from being arrested during the investigation," Milor said.
Incidents like this are handled on a case-by-case basis and it is ultimately up to the district attorney to decide if the shooting was justified.
"If the homeowner felt like his life was endangered, then it would be justified," Wyrick says.
Police said Monday afternoon no major organs were hit by the bullet, and the teen is expected to be released from the hospital later today. Police say they are making arrangements for the teen to be brought back to Durant, where he will face a charge of Burglary I.
In Oklahoma, Burglary I is the charge if entry is made into a residence of another in which there is at the time someone present, with the intent to commit some crime therein. Punishment for an adult for Burglary I is 7-20 years imprisonment.
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