Authorities will not file any charges against Sarah McKinley, the Oklahoma mother who shot and killed an intruder that broke into her house on New Year's Eve.

McKinley said on New Year's Eve, Justin Martin, 24, while Dustin Stewart, 29, was on standby, broke into her Oklahoma home and threatened to attack her and her 3-month-old baby with a 12-inch hunting knife.

During an emergency call to report a break in on New Year's Eve, 18-year-old McKinley immediately phone emergency services as she grabbed her 12-gauge shotgun and a pistol.

I've got two guns in my hand -- is it okay to shoot him if he comes in this door? McKinley asked the 911 dispatcher. I'm here by myself with my infant baby, can I please get a dispatcher out here immediately?

During the 21-mintue phone call with emergency services, McKinley asked if she can shoot the intruder.

I can't tell you that you can do that but you do what you have to do to protect your baby, the dispatcher responded.

About 20 minutes later, Martin broke in through the door barricaded by a couch, prompting McKinley fire a shot which killed him.

I waited till he got in the door. They said I couldn't shoot him until he was inside the house. So I waited until he got in the door and then I shot him, McKinley said.

The incident has sparked controversy about whether or not shooting an intruder is legal, though laws in Oklahoma allow the use of deadly force against intruders.

Our initial review of the case doesn't indicate she violated the law in any way, Assistant District Attorney James Walters told The Oklahoman, saying the act was in self-defense.

When you're engaged in a crime such as first-degree burglary and a death results from the events of that crime, you're subject to prosecution for it, Walters said.

According to court documents and official statements from police officers, Martin was holding a knife when he died.

You're allowed to shoot an unauthorized person that is in your home. The law provides you the remedy, and sanctions the use of deadly force, Blanchard Police Det. Dan Huff told ABC.

According to ABC News Oklahoma City affiliate KOCO, Martin went to McKinley's home a week before the incident, the same day a funeral took place for her 58-year-old husband Kenneth who died of lung cancer on Christmas day. McKinley said Martin was a neighbor who wanted to say hello, but she did not let him in initially.

However, court documents say Martin, along with a 29-year-old accomplice Dustin Stewart, most likely broke into the house on Dec. 31 to look for leftover prescription pills used by McKinley's deceased husband to treat lung cancer.

According to authorities, Stewart fled the home after he heard gunshots.

Dustin Stewart was charged with burglary and first-degree murder in connection with the death.

Court Cancer Michael bloomberg Cancer