Dustin Stewart called 911 after a home invasion ended in gunfire. Stewart told a dispatcher he fled the scene when his friend Justin Martin made his way into a Blanchard home.
"My name is Dusty Stewart and I think it was my friend that got shot."
Stewart told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."
A mother inside the home pulled the trigger killing Justin Martin.
Now, the Grady County District Attorney's office is charging Dustin Stewart with murder.
Sarah McKinley, the mother of a three-month-old boy also in the home, spent several minutes on the phone with 911 before she shot and killed Martin.
McKinley told the dispatcher, "This guy is up to no good, my husband just passed away and I am here by myself with my infant baby."
McKinley explains Martin repeatedly knocked on the door before the dispatcher asks, "Are your doors locked?"
McKinley replies, "Yes, I have two guns in my hand. Is it okay to shoot him if he comes in this door?"
The dispatcher said she could not tell her to do that.
Before police arrived, McKinley says she made the split second decision to protect her three month old.
When police arrived, they say they found Justin Martin wearing a glove on his left hand and holding a knife.
At the same time, Stewart reported to police he did not know what happened but court documents show Stewart told police he and Martin devised a plan to burglarize the residence.
Stewart told investigators Martin knew Sarah McKinley's 58-year-old husband recently died of cancer and they expected to find prescription pain pills in the home.
Grady County First Assistant District Attorney James Walters said the admission provides enough evidence to prosecute, "resulting from that Mr. Martin lost his life and I believe the statutes are very clear under these facts that felony murder is appropriate."
Prosecutors say they have no reason to believe McKinley knew the intruders.
Stewart now faces a first-degree murder charge. He is due back in court tomorrow for a bond hearing
The family of Justin Martin e-mailed the following statement:
thanks for your concern and understanding. Here is what we are able to say at this time.
Our family is working through this as best we can. We don't have many details about how and why this happened, but we do know that much of the speculation and rumors are not consistent with the Justin his many friends, family and community knew him to be. We believe that as the police work through this, a truer picture of Justin will be painted, and we'll be able to grieve in peace. This is a terrible ordeal for everyone involved, and we're praying for everyone dealing with the aftermath.
- The family of Justin Martin