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October 29th, 2010
Oklahoma County DA says shooting was justified
A Midwest City woman who shot two intruders in her home last week, killing one of them, was justified in the shooting, Oklahoma County District Attorney David Prater determined Oct. 27.
"The resident's actions in defending her home and children were not only entirely lawful, but absolutely necessary to protect her family," Prater said. "She and her family had been burglarized on at least two prior occasions and, during one of those prior incidents, she and her husband were at home when the break-in occurred."
The home is owned by David and Amanda Walworth. About 8 a.m. on Oct. 22, Amanda Walworth, 31, called 911 to report she had encountered two people in her house, 9313 N.E. 14th St., and shot both individuals. She told the 911 operator she was with her two children when she heard a boom. Thinking it was an earthquake, she called her husband at Tinker Air Force Base who said no earthquake had been reported.
She then armed herself with a handgun, police said, and confronted Marquis Lee Patterson, 15, and Dewayne Edward Kemp, 15, who were burglarizing her home. She fired at both, killing Patterson and wounding Kemp, who fled from the house, police said.
Shortly after the initial call, police said another one came from DeAungelo Q. Johnson, 17, at 9401 N. Sherwell Dr. He reported someone was at his house who had been shot. Once there, police found Kemp with a wound to the stomach. Kemp at first told officers he had been hit in a drive-by shooting.
Investigation
Midwest City Police Department investigators learned that Johnson, Patterson and Kemp were together the night before the incident and again early the morning before the robbery allegedly took place. A witness saw all three together at the intersection of N.E. 14th St. and Marydale just before the crime took place, police said. Prior to the burglary, Johnson decided to act as a lookout, while Patterson and Kemp kicked in the door. Johnson stayed outside the victim's house, down the street, according to investigators.
Brandon Clabes, MCPD chief of police, cited Oklahoma's "Make My Day" law, which allows one to use deadly force against an unlawful intruder in their home. He said the charges will include murder in the first degree and burglary I for the two juveniles. The murder charge is being filed because a death resulted during the commission of a felony.
"From all the evidence at the scene, and from testimony, it appears she is well within statute defending her property and her children," Clabes said.
Prater said in this case the victim not only had the statutory presumption of a reasonable fear of imminent danger, but also fear for the safety of her children.
"Although I regret the loss of life and the lasting impact an incident like this has on the families of all concerned, the citizens of Oklahoma County have a right to defend themselves in their homes and I will aggressively protect that right," Prater said.
Photos top to bottom Dewayne Kemp, Deaungelo Johnson and Marquis Patterson.
Read the official charges.
"The resident's actions in defending her home and children were not only entirely lawful, but absolutely necessary to protect her family," Prater said. "She and her family had been burglarized on at least two prior occasions and, during one of those prior incidents, she and her husband were at home when the break-in occurred."
The home is owned by David and Amanda Walworth. About 8 a.m. on Oct. 22, Amanda Walworth, 31, called 911 to report she had encountered two people in her house, 9313 N.E. 14th St., and shot both individuals. She told the 911 operator she was with her two children when she heard a boom. Thinking it was an earthquake, she called her husband at Tinker Air Force Base who said no earthquake had been reported.
She then armed herself with a handgun, police said, and confronted Marquis Lee Patterson, 15, and Dewayne Edward Kemp, 15, who were burglarizing her home. She fired at both, killing Patterson and wounding Kemp, who fled from the house, police said.
Shortly after the initial call, police said another one came from DeAungelo Q. Johnson, 17, at 9401 N. Sherwell Dr. He reported someone was at his house who had been shot. Once there, police found Kemp with a wound to the stomach. Kemp at first told officers he had been hit in a drive-by shooting.
InvestigationMidwest City Police Department investigators learned that Johnson, Patterson and Kemp were together the night before the incident and again early the morning before the robbery allegedly took place. A witness saw all three together at the intersection of N.E. 14th St. and Marydale just before the crime took place, police said. Prior to the burglary, Johnson decided to act as a lookout, while Patterson and Kemp kicked in the door. Johnson stayed outside the victim's house, down the street, according to investigators.
Brandon Clabes, MCPD chief of police, cited Oklahoma's "Make My Day" law, which allows one to use deadly force against an unlawful intruder in their home. He said the charges will include murder in the first degree and burglary I for the two juveniles. The murder charge is being filed because a death resulted during the commission of a felony.
"From all the evidence at the scene, and from testimony, it appears she is well within statute defending her property and her children," Clabes said.
Prater said in this case the victim not only had the statutory presumption of a reasonable fear of imminent danger, but also fear for the safety of her children.
"Although I regret the loss of life and the lasting impact an incident like this has on the families of all concerned, the citizens of Oklahoma County have a right to defend themselves in their homes and I will aggressively protect that right," Prater said.
Photos top to bottom Dewayne Kemp, Deaungelo Johnson and Marquis Patterson.
Read the official charges.
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