EUFAULA, Oklahoma - Eufaula Police are investigating a homicide they believe could be justified.  

It happened Thursday evening during a burglary.  

The girlfriend of Fines Sturgeon says he was a good man, a hard worker, and had gone to confront another man who she claimed tried to run him over earlier in the day.

Police say Fines Sturgeon broke into the home of a 74-year-old man and attacked him.

They say Sturgeon knocked the man to the floor and kicked him, but the homeowner grabbed a kitchen knife and swung it at Sturgeon, cutting an artery and killing Sturgeon.

Laverne Burris, Sturgeon’s girlfriend, says Sturgeon and the man got into an argument at the man's home a month ago.

She said, "We went back up there and tried to apologize to him, and he was not accepting our apology." 

Then yesterday she claims the man drove by and yelled at Sturgeon.

"I'm going to F****** killing you." Is what he said according to Burris. 

"Fines through his arms up, and the guy stopped his truck and backed up and tried to run Fines over." Said Burris.

She claims the man drove off and Fines came to tell her what happened.

When he came to her about what happened, she told him to just let it go.

But Fines was determined.

"He was like 'no, he needs to learn a lesson.” Burris said. 

That's the last time Burris saw Sturgeon alive.

"He loved his kids, he asked to see his kids every day." Said Burris. 

Burris said Sturgeon was always helping her family.

"He did a lot for us, it may not seem like a lot to other people, but he did a lot for us." Said Burris. 

Police have no official motive for the burglary at this time

After speaking with the district attorney's office they have released the 74-year-old man pending further investigation.