Officer cleared in shooting

Tuesday, September 12th 2000, 12:00 am
By: News On 6

TULSA, Okla. (AP) -- District Attorney Tim Harris said Monday that a Tulsa police officer was justified under the state's "Make My Day" law when she shot at burglars in her home.

Meanwhile, Harris' office filed second-degree burglary charges against the suspects, Antwan Germaine Sams, 20, and Henry Webb III, 22. Both men were being held in the Tulsa Jail Monday.

The shooting occurred on Sept. 4 when Officer Debra Baldwin stopped to use the bathroom at her house, which is within the department's Uniform Division Southwest where she works. Baldwin encountered two intruders inside the house and shot at them.

Police found Sams shortly afterward in the garage of a neighbor of Baldwin's. He was bleeding and had a gunshot wound to the leg.

Webb was arrested Thursday, with wounds on his knees that police said he may have sustained while fleeing Baldwin's house and a wound on his right arm that resembles a graze from a bullet, Sgt.

Wayne Allen said.

Harris said state law allows any lawful occupant of a dwelling to use any amount of force, including deadly force, against people who enter the dwelling unlawfully. The fact that Baldwin is a police officer and was on duty at the time of the shooting had no bearing on his ruling, he said.

"Our finding is that she had a reasonable belief that those gentlemen would use force against her," Harris said.

Harris said the shooting would also have been justified based on a statute referring to law enforcement officers' use of deadly force in the line of duty.

Police said they are still searching for a .38-caliber gun that was stolen from Baldwin's house.