Estimated reading time: 3 minutes
A case out of Oklahoma is raising uncomfortable questions about property rights, self-defense, and where the law draws the line when homeowners confront squatters.
According to reporting by KOCO 5 News, 59-year-old Timothy Smith is facing a first-degree manslaughter charge after authorities say he shot and killed a man he found inside a vacant home he owned.
The incident happened on May 1.
Police say Smith and his daughter went to check on the property after dealing with problems involving homeless individuals at the home in the past. When they entered, they reportedly found Justin King and a woman inside a back bedroom.
According to investigators, Smith was already carrying a handgun when he entered the house.
Smith and his daughter told the pair to leave. What happened next is where the controversy begins.
Smith reportedly told investigators that King stepped toward him during the confrontation. Smith said he then aimed in King’s direction and fired. The round struck King in the neck, killing him.
Now prosecutors are arguing that the shooting does not qualify as lawful self-defense.
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Criminal defense attorney Ed Blau, speaking to KOCO, said several facts could make a self-defense claim difficult.
For starters, Smith allegedly told investigators he did not feel threatened. Police also say King was unarmed. And while Smith owned the house, he did not actually live there. That distinction could become critical.
Many gun owners are familiar with Oklahoma’s Castle Doctrine protections, which generally provide strong legal protections when someone unlawfully enters an occupied residence. But legal experts note that vacant or abandoned properties can create a very different legal situation.
You can’t just take a gun and shoot somebody,” Blau told KOCO. “There’s not the death penalty for squatting in the state of Oklahoma.”
The case is likely to generate strong reactions from both sides.
Property rights advocates point out that homeowners across the country have grown increasingly frustrated with squatting incidents and lengthy eviction processes. Others argue that regardless of who owns a property, deadly force still requires an immediate and lawful justification.
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For Second Amendment supporters, the case serves as another reminder that ownership of a firearm (and even ownership of a property) doesn’t automatically create a legal justification for using deadly force.
As investigators continue reviewing the shooting, Smith remains charged with first-degree manslaughter and reckless conduct with a firearm.
The case now appears headed toward a courtroom, where a jury may ultimately decide whether this was self-defense, a tragic mistake, or something else entirely.
What do you think? Should property owners have broader authority to remove squatters from their property, or does this case show why deadly force laws need clear limits?
Self-defense doesn’t end when the threat goes down. That’s when the real battle begins. Lawyers. Prosecutors. Headlines. USCCA Members never fight that battle alone. Find out how.
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While Smith didn’t live there, it was his house and the people in it were intruders.
King shouldn’t have advanced on Smith and Smith’s aim was horrible.
A tragedy.
Move to China…grow up I am.more intelligent than you will ever be
What a pearl of wisdom. 😮
Interesting to say the least. So he may not have felt threatened, HOWEVER, his daughter was also there, unarmed I presume, so technically and in reality he was protecting her. Second the instant he walked through the door of his property, it’s now occupied by the owner.
A good attorney should have zero trouble getting an innocent verdict from a jury.
The government is not your friend and no one is coming to save you but yourself. Act accordingly.
Who else is fed up with all the bullshit?
I am!!! i even know some bipolar people who are twice as fed up heh-heh.
I am sick of the liberal Mother phuckers and their justice system! If someome is in your home and refuseses to leave then shoot those mother phuckers!!!
Nothing wrong with entering the house armed…think many plus myself would have…but says the armed homeowner “didn’t feel threatened” when the squatter stepped toward him. Why not…or at least why wouldn’t he have said he was…? I would have…and he should have, also…a pretty stupid thing to say/not to say under the circumstances…and it may be (have been) his best/only defense, if too late, now. And if he didn’t feel threatened, what reason did/does he give for shooting the guy…??? Also doesn’t say if the daughter and/or the woman squatter backed up what was said/happened.
The law should be on the property owners side. That doesn’t mean taking a life, but call the law and the squatters vacate immediately, not require the owner to go through any eviction process at all. It’s blatant trespassing, after all! If I suspected someone was inside I don’t know if I’d enter without the law there. If I did I would be armed though, and if attacked I would likely fire. A lot of this case is going to be the two witnesses — the daughter and the other squatter. It doesn’t matter where you are if you can prove you were in danger of bodily harm, but he is going to have an issue defending why he entered if he thought someone was inside without calling the law first.
Kickback, relax and rehearse your story and commit it to memory. You always, always, always feel threatened! And it wouldn’t hurt to carry an old junkie knife around with you, in situations like that, to slip into his hand lol!
Altering evidence. Great advice. 😱
Squatting should be punishable by death as should rape, drug dealing, etc. And NO I AM NOT KIDDING! I am beyond sick of those parasites and the evil POS’s that coddle them to the detriment of law-abiding citizens and society in general. Why on God’s green Earth do home invaders seem to have more rights than the property owners, and worse of all, they know it and use it against us. ENOUGH!!
Exactly!!
Move to China…
How are things over there with the CCP?
Yeah, no. We used to believe in a thing called right and wrong. Now we are overrun by leftist trash who coddle criminals to the detriment of law-abiding citizens, and they run wild, raping, killing, and stealing. Is that what you support?
Squatters should be considered “fair game”. Lib states are FAR too lenient on these thieves. Nobody has a “right” to a place to live at someone else’s expense, including squatting.
First off i would have done the same thing if this fella came at me. You have no idea what this guy is capable of and comming toward me in an aggressive move is a threat. He has already broken the law and broke into my property. I dont give damm if i live there or not. My property is my property. I in no way expect to encounter someone in my house, vacant or not. The castle doctrine is in place for a reason. As soon as i entered the property i own and hold the keys to, i am occupying that residence. This man should not have been charged. The fact a squatter has more rights than the owner is a disgrace. If this guy starts a go fund me i will gladly donate. This abuse of law must stop.
Never talk to the police without an attorney present. PERIOD!!
💯 %%%%
Some of you really need to understand your right to self defense and how the justice system defines it. Most of you would be facing charges if you acted like you talk. Of course, most of it is just talk and bravado…
AMEN!
Squatters are engaging in illegal activities by squatting in private property and in my opinion have no right to complain if the owner shoots them. Don’t engage in illegal activities and you’ll be just fine.
The man should get a reward for killing a criminal.
Yet the Constitution says otherwise…
please tell me how the constitution says otherwise……
Don’t hold your breath, Paul. Most of these dumb, commie bastards can’t even spell the word “Constitution”, much less understand the actual document.
They didn’t belong there and they knew it – period. The squatter took his life into his own hands and lost it. Let that be a lesson to other squatters.
pretty simple…….find somebody in your house that doesn’t live there…….confront them, they make a move…….gotta protect yourself and/or others. if the trespassers hadn’t moved in, nobody would have been shot
pretty simple….if the trespassers hadn’t been there nobody would have been shot……..end of story…….find somebody in your house…….they make a move…….gotta protect yourself and/or others
A SQUATTER ON PROPERTY OWNED BY A PERSON IS TRESPASSING AND HAS NO RIGHT TO BE THERE!!! IF THE SQUATTER CAME AT ME WHEN TOLD TO GET OUT AND THEN CAME AT ME, IT IS SUICIDE BY THE OWNER. YOU HAVE NO TIME TO EVALUATE WHAT THE PERSON IS CARRYING AND WHAT THEIR INTENTION ARE. TO MANY SQUATTERS THINK AND ACT AS IF THEY HAVE DONE NOTHING WRONG. THE SQUATTER DID NOT ACT IN A PEACEFUL MANNER. ALL HE HAD TO DO WAS PUT UP HIS HANDS AND SAY HE WAS LEAVING. APPARENTLY, HE DIDN’T!!! JUSTIFIED!!!!
He said he wasnt in fear for his life and he brandished a gun walking into the house without provocation. I am not defending the squatter, but I think there are serious questions regarding how the homeowner handled the interaction.
“He came at me in a threatening matter, and I felt like my life was in danger.” BANG….threat resolved. I don’t understand why he didn’t state it clearly like that
WE the SHEEOPLE no more have rights to “life” or the pursuit of happiness (ownership of property” ? NONE of this socialist crap, would be happening W/O the work of dis-honest Abraham Lincoln. Amerika has been lied to about this fraud, since before he took office. He shut down over 100 newspapers for telling the TRUTH about him. He freed no one, rather enslaved ALL to our DEN of Corruption. (April 15th)
He said he wasnt in fear for his life and he brandished a gun walking into the house without provocation. I am not defending the squatter, but I think there are serious questions regarding how the homeowner handled the interaction.
Your white robe is showing…
Condemn Squatters to 5 minutes in the “Brazen Bull”. See how quickly squatting goes away.!
If a man comes at me, in my house that he has been told to vacate, despite the presence of a firearm in my hand, he’s going to get shot. Why did this man say he didn’t feel threatened? That was the biggest mistake he made. Of course he felt threatened.
We need to vote Democrats out in every office in the country. They don’t understand simple words, like “property”, “mine”, and “trespassing”.
the socialist tyrants that the slaves to the STATE are FORCED to pay for, have changed the meaning of “words”. This is how gov’t. idiots can impose stupidity and non “rights” on us. YOU?WE will be treated as insignificant and irrelevant UNTIL WE can prove otherwise. 64 million guns were sold during sloppy Joe Obiden’s “selection” of 4 years as POTUS. 5 million less stupid voters showed up in 2024, to vote for Trump. Were you one of either group? Not ALL in socialist Amerika are ignorant (don’t know) or apathetic (don’t care). there will soon, be blood in the streets. LIVE & VOTE BLUE? F-YOU (yankees)
Grow up Mr ignorant
Its Dano the LiberO!!!😫DAMN!
Hey asshole not a liberal just not an ignorant idiot who doesnt understand the law.
And you would be in jail. Dumb statement
I find you in my house that I own. I tell you to get out. You argue and come towards me. It should be my right of self defense to shoot you. I should not have to engage in hand-to-hand combat or a fist fight. You came towards me. Doesn’t Oklahoma have a “stand your ground” law?
I believe the homeowner could have done a better job of “articulating” his fear of imminent harm to him and/or his daughter (if she was also in the home). Practice what you will say after a deadly force encounter, or say nothing at all until your USCCA (or similar) 2A attorney arrives.
Not guilty. If someone is bold or crazy enough to come at a man brandishing a gun then he is certainly capable of taking the gun away from you. And this nonsense about being an unarmed man. Did he have a sign on his forehead saying that? The reality is that anyone can be armed with a concealed knife or firearm. You just don’t know until they get unalived.
Not to mention the fact that many people on drugs or mentally ill can kill you with their bare hands!
Here in Oklahoma, the current regime will nitpick every scenario to try and remove all the protections we have in self-defense (Castle Doctrine, stand your ground, etc.). So far most of the time a jury will set things straight, but it is costly.
Thank GOD, I am not stupid enough to trust anyone in this EVIL EMPIRE, called Amerika. Only a fool would continue to fund and obey the ones that are abusing themselves. The founders NEVER imagined a society FULL of cowards that are scared of sissies and perverts, control freaks & karens. so sad and pathetic
You are a lunatic.
The main thing I immediately find “wrong” with the self-defense argument:
1) Smith did not feel threatened by the squatter (King) and yet he still fired; one could argue that Smith had a spontaneous utterance after the fact of discharging his firearm and he wasn’t exactly thinking clearly, but that’s for the lawyers to argue. He had the gun drawn which tells me, Smith was expecting trouble and expecting to at least brandish the pistol.
If you know you’ve had issues with break-ins/squatters, why bring your daughter to the residence? I’m hoping she was still in the vehicle or at least did not witness the shooting first-hand.
I had a similar situation many years ago. I had a home that I was renovating and at some point a couple moved in and messed the house up pretty bad over a 2 week period while I was in Ca. When I entered the house, the man and his female partner came running out of the back bedroom telling me that they “have rights and that I can’t even enter this house”. I tossed the woman aside and beat the man until he ran out with his woman right behind him. I got a letter from a Legal secretary telling me that the couple was considering a lawsuit. I tossed the letter and never heard another word from anyone. I sold the house about 3 weeks later and decided to not be a landlord any longer
California republicans should encourage and give rides to the houses of politicians and actors…. let them “show us the way”. show that they are NOT hypocrites, socialist LIARS, corrupt idiots that are VIOLATING their oath of office or kindness of heart. THAT is called fraud. A FELONY. lock em up
The lesson here and other states across the country is SELL YOUR RENTAL PROPERTY. Squatters and squatters rights, rent control, liberal city regulations make this once mom and pop business a real liability. Your better of getting a tax free muni bond funds.
He stated that he didn’t feel threatened….?? I beg to differ, if someone jumps up into your face, I don’t care if you’re superman, you’re going to feel threatened. Plus he should have gotten a lawyer before he spoke. “Not Guilty”.
I would vote for not guilty, man was told to leave & he didn’t. Don’t know what he might have behind him back.
I’m absolutely amazed that this doesn’t happen more frequently. Cities, Townships, and States do nothing to protect homeowners anymore. As always the criminals have the upper hand, and will be protected at all costs. I believe the people in charge are saying at least these squatters aren’t on the streets where we have to deal with them.
Jury nullification. Know it, learn it, practice it. Stop the government of the elite, for the elite and by the elite. Suicidal empathy will not save this country.
I totally agree with the 3 responses so far, so I don’t need to repeat them. What’s mine is mine so keep your damn hands off unless I say otherwise!
Guy should have probably been smarter about how he went about speaking with police after the fact. Like consult a lawyer or have a lawyer present… never talk to the police unless it’s hi how’s it going
If people were allowed to use deadly force to deal with squatters, no one would squat, and no one would get shot. The solution is so elegant and simple. But of course once you get lawmakers and lawyers involved, everything goes to sht.
The problem is everyone has constitutional rights. Don’t like it, leave.
well if they made it legal to shoot intruders/squatters then that will drop off and lives will be saved!
I don’t want some asshole in my house and if they are they need the shit beat out of themup one side and down the other….but how will what ur saying will that save lives?
well if they stop getting away with it and the consequences are severe enough then they will stop, much like any other crime that gets smoothed over by the commie left.
And I’m a old man with various handicaps. What would you suggest I do since I can’t do as you suggest and beat the sh*t out of them?
The only choice I see is to retreat and let them have my property or shoot them. Personally I worked pretty hard to get the stuff I have and some of it is irreplaceable.
Ot will never be legal under the Constitution. I know conservatives like you care little about most of the Constitution other than 2a but come on…
only thing you lefties care about is advantage criminal and dismantling the constitution and replacing it with a commie manifesto!