Oklahoma Prosecutors Examine Stand Your Ground in AC Vandalism Case

A homeowner shot and killed a man Tuesday night who they say was vandalizing the homeowner’s AC unit, Tulsa Police say. The homeowner told police he confronted Timonthy Crossley, then Crossley charged at him. He told the police he yelled at Crossley to stop, but Crossley kept coming so he shot him. The homeowner was questioned after the shooting and released.

Prosecutors say there is a specific category of cases where Oklahoma's Stand Your Ground Law almost always applies, like if someone breaks into your home while you are there. Then there are other cases where it may apply or could be self-defense.

"Each one of these is a case-by-case basis, the statutes do not specifically address someone who is maybe messing on your property, so that's why it is very important for citizens to know how far their rights go so they don't run afoul with the law,” said Tulsa County First Assistant District Attorney, Erik Grayless.

Grayless says the law is clear that if someone has entered, or is in the process of entering your house, you can use deadly force under the Stand Your Ground law. This also applies to your business, place of worship, or if you are in your car. There is a gray area when it comes to protecting your property, according to Grayless.

"If someone is messing with your backyard in a shed, you know does that apply? It is fact by fact, case by case when it is not expressly contained in the corner of the law itself,” said Grayless.

Grayless says Oklahoma Stand Your Ground Law gives added protection to citizens from prosecution, but if that law doesn't apply to the situation, self-defense may.

"If you are not within the stand your ground provisions, then the next standard is whether you had a reasonable fear of death or great bodily injury, if the answer to that is yes, then you can use deadly force,” said Grayless.

Grayless says it's also important for people to know that Oklahoma Stand Your Ground does not apply if you are breaking the law, like if you have a gun as a felon, or have a gun while intoxicated. If neither law applies to a case, a person could face murder charges.

Grayless says this specific case is still under investigation and the DA's office will determine if any charges are filed against the homeowner.