"Make My Day" law in OK Tested
This is a discussion on "Make My Day" law in OK Tested within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; A successful win for the good guy:
Man cleared in shooting
By Shelly SchultzThe News-Record
Oklahoma's “Make My Day” law was the deciding factor ...
November 3rd, 2007 10:07 AM
"Make My Day" law in OK tested
A successful win for the good guy:
Man cleared in shooting
By Shelly SchultzThe News-Record
Oklahoma's “Make My Day” law was the deciding factor in the fate of a Colcord man who fatally shot a 17-year-old this summer, according to District Attorney Eddie Wyant.
Jack Doughty, 62, stood accused of shooting David Gudde in the early morning hours of July 1.
According to police reports, Doughty operated a fireworks stand out of his Delaware County home in June and early July. Doughty told authorities that he was awakened around 4 a.m. on July 1, by what he believed to be intruders.
Gudde and 18-year-old Lance Stick were reportedly in Doughty's home and were opening an inside door when Doughty fired a shot in the direction of the door with a .22 caliber rifle.
Doughty told investigators that he chased the intruders as they ran outside, firing two more shots to “alert neighbors”.
When authorities arrived at the scene, they found Gudde lying on the ground outside Doughty's home.
An Oklahoma law passed in 1988, protects residents from being prosecuted for using deadly force against suspected threats to themselves in their homes and on their properties.
After investigating the incident, Wyant said he will not file charges against Doughty because is actions were in accordance to the “Make My Day” law.
“With the number of residential burglaries, I am really surprised more people don't get shot for breaking into people's houses with this law on the book,” Wyant said. “I hope people realize the risk they put themselves into when they unlawfully enter someone's house.”
Stick was charged July 30, with first-degree burglary and is currently in Delaware County Jail on a $20,000 bond.
Last year, legislators passed a law in accordance with the “Make My Day” law. The “Stand My Ground” law protects people from prosecution if they use deadly force in other locations, such as their vehicle, when they reasonably feel their life is in danger.
November 3rd, 2007 10:12 AM
...And it is the way it SHOULD be...I'm sick of the all the dirtbags who rob, steal, and kill for just a few bucks.
Invading someone's home or business is the 'last straw'...maybe a few more thousand shot and killed in this process will eventually send a message to pick another line of work...honest work!
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
November 3rd, 2007 10:20 AM
Tulsa County D.A. Tim Harris will file charges against CCW holders for clearly defensive shootings outside of ones home. So be aware if you travel to Tulsa County not all of the provisions of the Oklahoma SDA will apply.
November 3rd, 2007 05:21 PM
I went to high school with Eddie Wyant (the DA in the article). I'm glad to see common sense prevails.
November 3rd, 2007 05:27 PM
I remember that story and some discussion about it on a couple different forums.
It took them 3 months to decide but it's good to hear the outcome was in favor of Mr. Doughty.
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
November 3rd, 2007 05:30 PM
Not so. Prosecutors can't change laws. He may elect to prosecute, but he will have the burden of trying to prove that the shooter WASN'T in fear of his life or serious injury. Ever try to prove a negative?
Originally Posted by 7mm Gumbo
NRA Benefactor member
Michigan Antique Arms Collectors life member
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Opinions expressed here are based upon Michigan state law ONLY. Other state laws may differ. Know and observe your local laws.
November 3rd, 2007 05:43 PM
He did shoot him. For cause.
Originally Posted by CT-Mike
Bummer that the criminal had to be harmed, but one shouldn't attempt to take everything from others. Try to take a life unjustly, and you reap your just rewards. That's just ... as it should be.
November 3rd, 2007 08:52 PM
"Jack Doughty, 62, stood accused"
The DA decided not to charge him, but the newpaper treats him like he's done something wrong: he now stands accused. What a poor choice of words.
November 4th, 2007 09:25 AM
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it."
- Col. Jeff Cooper, USMC
November 4th, 2007 12:47 PM
I don't think they did it with malice aforethought. It's been called that since the day it came to the public's attention back in the '80's.
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