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Published August 27, 2008 11:30 pm -
Man shot during apparent home invasion
DA doesn’t expect to file charges against shooter
By Liz McMahan
Assistant City Editor
A Muskogee man was being treated Wednesday night at Muskogee Regional Medical Center for gunshot wounds he sustained during what appears to be a home invasion, police said.
Anthony Irving, 36, was listed as stable, but his condition was not available, a hospital spokeswoman said.
Police Lt. Bert Poole said the investigation so far shows that Bernard Harlin, 36, was in the house at 1420 Fremont St., when Irving entered the residence.
Officers said Harlin lives in the Muskogee residence during the week and in Wagoner on weekends.
Poole said Irving came into the residence carrying a gun, which discharged as he scuffled with Harlin. It went off again, striking Irving.
Harlin then ran outside, yelling for a neighbor to call 911.
That neighbor was Lillian Harlin, who said she was standing in her backyard at the time. She said she did not hear the gunshots because her air conditioner was running.
She ran into her home and called for help and later saw the victim being removed from the house on a stretcher. She said she did not hear or see anything else. She also said she did not know her neighbor.
District Attorney Larry Moore said the evidence so far in the case indicates the homeowner was defending himself against an intruder.
Moore said he doesn’t expect to file charges against the homeowner but will consider charges against the intruder.
According to Oklahoma Department of Corrections records, Irving has prior convictions for drug possession and distribution of drugs. His last conviction in Muskogee County was in 2006, when he received a suspended sentence for possession of a controlled dangerous substance.
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