Jay, Oklahoma

From the Joplin (MO) Globe of July 3, 2007

Authorities: Teen, fatally shot in home burglary, identified

Authorities on Monday identified a Delaware County teenager who they said was fatally shot after he allegedly broke into a home early Sunday in Colcord.

Sheriff Jay Blackfox identified the victim as David Gudde, 17, of Colcord. He was pronounced dead at the scene about 4 a.m. Sunday.

Jack Doughty, 62, of Colcord, told investigators that Gudde and another man, who has not been identified, were in his house and were opening a door to a room when he shot in the direction of the door with a revolver, said Jessica Brown, Oklahoma State Bureau of Investigation spokeswoman.

Doughty said he was trying to scare them, Brown said.

The pair ran out the door, and Doughty followed behind, firing two shots in the air to alert neighbors that there were problems, Brown said.

Brown said Doughty also sold fireworks from his home.

When authorities arrived, they found Gudde on the ground, Brown said.

The shooting remains under investigation, and no charges have been filed, she said.

From the Miami News-Record of November 2, 2007

Man cleared in shooting

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.