A 21-year-old Delaware County man was shot, after he broke into the home of his step-grandparents in rural Leach during the early morning hours of Wednesday, Oct. 18.

According to information released by Delaware County Chief Deputy Gayle Wells, Dallas Luper, 21, was injured after his grandfather, Jim Martin, shot him at approximately 1:17 a.m., Wednesday.

Luper sustained wounds to his right cheek, below his eye, and his right shoulder. He was transported by Cherokee Nation ambulance to a landing zone, where he was flown by air ambulance to at Tulsa hospital where he later underwent surgery.

His condition on Thursday was stable, and Wells said as of presstime deputies were making arrangements to go to Tulsa to interview him at the hospital.

About the incident

Wells said Jim and Rachael Martin were both asleep, when Rachael Martin heard an "unusual noise" in the garage.

Wells said she got up to investigate and noticed the air conditioner had been removed from the garage window. 

Wells said she locked the door connecting the house to the garage and went to get her husband.

It was at that time, Jim Martin retrieved his .38 caliber revolver and went with his wife to determine what was happening in the garage.

As Racheal Martin walked along the passenger side of their parked vehicle, a male wearing a "hoodie" tightly drawn over his face, and socks on his hands, "jumped from a crouched position at the rear of the car.

Wells said the man advanced on Racheal Martin, pushing her. Jim Martin then stepped between his wife and the man, and fired four shots from his revolver, striking the man twice.

When Delaware County Deputy Dan Belbot arrived at the scene, Luper was lying on the floor of the garage being tended to by members of Leach Fire and Rescue. Detective Jason Hutchison and Sgt. Brandon Houston responded to the scene as well.

Additional items from the Martins' home were recovered by officers outside of the garage window.

Wells said a probable cause affidavit will be sent to the district attorney's office once the investigation is complete. He anticipates Luper will be charged with first degree burglary and possibly assault, for his actions with Racheal Martin.

Wells said he does not anticipate charges being filed against Jim Martin, because the man was defending his home and wife. 

Wells said detectives are looking at Luper as a possible suspect in a burglary last year under the same circumstances at the Martin home. At that time, a vehicle and a flat screen television was stolen from the property.