Oklahoma County District Attorney David Prater says he will not file criminal charges against a Midwest City man who shot and killed another man during an apparent burglary attempt on July 17th.  When sheriff’s deputies responded to the scene at NE 23rd and Hughson they found 34-year-old Mikah Ryan Smith suffering from a shotgun wound to his neck and torso. He later died at Midwest City Regional Hospital. 47-year-old Steven Palenko told investigators one of his employees spotted Smith attempting to break into a storage facility. Smith jumped into his car and tried to get away but came upon Palenko standing in the road holding a gun. Palenko says Smith veered his vehicle toward him and he fired a single shotgun blast through the windshield. “Under Oklahoma law, a person may only use deadly force against a suspected thief or burglar if they reasonably fear for their own safety. Under the evidence available in this case, I do not find that Mr. Palenko committed any crime by his use of deadly force and thus I am declining to file a criminal charge,” Prater said. “It is never a good idea to take the law into your own hands if you have a choice, but I will uphold the right of Oklahoma County citizens to protect their own safety and Mr. Palenko appears to have reasonably feared that Smith’s vehicle was about to run over him.”

Now, the truth is not every elected official will agree with this decision, particularly those who believe that personal protection only applies if you are a law enforcement officer.  Fortunately, the SCOTUS has decided that yes, the framers of the Constitution believe that the right to keep and bear arms meant that individuals could, in fact, keep and bear arms.

Imagine that.

I urge you to remember this story and remember that the right to keep and bear arms applies to more than just hunting.