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Okla. intruder charged in accomplice death

CHICKASHA, Okla., Jan. 5 (UPI) -- An Oklahoma man charged with murder for the death of his alleged accomplice in a home-invasion robbery was released on bail Thursday, officials said.

Dustin Louis Stewart, 29, allegedly accompanied Justin Shane Martin, 24, on the Dec. 31 break-in at the Chickasha, Okla., home of a woman who shot and killed Martin. Stewart was charged with first-degree under a state law that says a suspect can be charged in the death of an accomplice to a crime, even if the person was killed by someone else, CNN reported.

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Sarah Dawn McKinley, 18, who was at home with her 3-month-old baby, called 911 and asked for permission to shoot the alleged burglars.

"I've got two guns in my hand. Is it OK to shoot him if he comes in this door?" McKinley, 18, asked a dispatcher.

"Well, you have to do whatever you can do to protect yourself," dispatcher Diane Graham responded. "I can't tell you that you can do that, but you do what you have to do to protect your baby."

McKinley, whose husband died of cancer Dec. 25, shot Martin, but authorities said she will not be charged because she acted in self defense.

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Stewart and Martin allegedly broke into the home to steal pain killers they thought would be left from McKinley's husband's treatment.

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