Judge delays trial in Okla. home invasion death - KSWO 7News | Breaking News, Weather and Sports

Judge delays trial in Okla. home invasion death

BLANCHARD, Okla. (AP) _ A judge in Oklahoma has delayed the trial for the alleged accomplice of a man who was shot and killed by a widowed teen mother during an apparent home invasion.

A judge in Grady County granted the order after attorneys representing Dustin Stewart filed a motion to dismiss the first-degree murder charges filed against their client.

Prosecutors allege that Stewart and Justin Martin broke into the home of Sarah McKinley on New Year's Eve in 2011. McKinley, who was 18 at the time and recently widowed, shot and killed Martin.

Stewart was charged under an Oklahoma law that allows murder charges if an accomplice dies during the commission of a felony.

The Express-Star (http://bit.ly/1eaP5rF ) reports Stewart's trial is now set for Oct. 21. His attorney, Chase O'Brien, declined to comment.

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