Another burglar killed breaking into home

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OKLAHOMA CITY — Police have identified an Oklahoma City man who was fatally shot Wednesday night by a woman who said he was trying to break into her house. Jose Hernandez, 24, was pronounced dead at the scene in the 600 block of SW 51st St. just after 10 p.m. Thursday.

James Arnette lives across the street and heard the gun shots.

“So I run back outside and she’s on the porch and she said ‘I just shot somebody, James.’ I said, ‘What?’ I said, ‘Well call 9-1-1.’ She said, ‘I am, I am,” he said.

Police say the homeowner who shot Hernandez was 66-year-old Dianne Stracener.

“She was very nervous,” Arnette said. “I said, ‘Are you OK?’ And she was just shaking and trembling. I said, ‘It’s going to be OK.'”

Police say Stracener was investigating noises she heard around her home when she encountered Hernandez near her front door.

They say he made his way inside her house, became involved in a physical struggle with her and was shot by Stracener out of self-defense.

His body was found on the front porch.

“Obviously if she felt threatened, if she felt that she had the risk of some type of bodily harm or even death, she did have the right to defend herself there on her property,” OKC Police Sgt. Jennifer Wardlow said.

Thursday morning, James says he found a bullet next to his garage that police told him came from across the street.

“If it would’ve happened to me, I would’ve done the same thing,” Arnette said. “At that time, you want to do the best thing you can to stop something like that and that ‘Make My Day’ law, that’s what it’s all about.”

The Make My Day law is why police did not arrest the Stracener. 

It protects the use of deadly force in self-defense situations.