An Oklahoma City homeowner has been charged after he allegedly killed a man he discovered squatting with a woman inside one of his vacant properties. The incident occurred on May 1 in the Rancho Village neighborhood.
Details of the Incident
According to KOCO, Timothy Smith, 59, found Justin King in a bedroom with an unidentified woman at the residence on the 1500 block of SW 44th St. Smith was armed with a handgun and accompanied by his daughter. He engaged in an argument with King, ordering him to leave the property.
Oklahoma City Police allege that Smith aimed the gun at King and fired, striking the squatter in the neck. Smith told police that King had stepped toward him before the fatal shot.
Background and Defense
Smith and his daughter had arrived at the home armed due to recent issues with homeless individuals in the neighborhood. Smith defended his actions, admitting he did not see King with any weapons but stating the trespasser should not have been in the house. He told police, "It wouldn't have happened if you weren't here."
King was hospitalized for over a week before being removed from life support on May 8. Smith was initially charged with assault and battery with a deadly weapon, but prosecutors upgraded the charge to first-degree manslaughter after King's death. He also faces one count of reckless conduct with a firearm.
Legal Perspectives
Smith was booked into the Oklahoma County Detention Center and held on a $25,000 bond. Defense lawyers argued against the use of force for simple trespassing. Criminal defense attorney Ed Blau told KOCO, "There's not the death penalty for squatting in Oklahoma. You can't just take a gun in and shoot somebody."
Blau noted that the defense will likely claim self-defense, but it will be difficult because Smith told police he did not see a weapon in the victim's hand. He explained that under Oklahoma law, a homeowner can shoot an intruder if they are in their primary residence. However, in an abandoned house, the situation is different, and one cannot put themselves in a situation and claim the right to shoot.
