A man accused of forcing his way into a Tulsa apartment early Sunday morning was fatally shot by one of the occupants in what police say appears to have been a home invasion.
According to the Tulsa Police Department, officers responded to a shooting just before 5:00 a.m. on July 26 at an apartment complex near 400 S. Mingo Road. When officers arrived, they found 41-year-old Byron Penn inside the apartment suffering from a gunshot wound. He was pronounced dead at the scene.
Investigators say the incident followed a series of alleged threats made the previous night. Police report that Penn had stalked and threatened a woman and her boyfriend near a local nightclub, allegedly claiming he had previously served time for murder and was not afraid of law enforcement.
During the early morning hours, Penn reportedly forced his way into the couple’s apartment. Fearing for their safety, the woman’s boyfriend fired his weapon, striking Penn. The suspect died at the scene.
The man who fired the gun later went to the Tulsa Police Detective Division, where he provided a full statement and is cooperating with investigators.
The investigation remains ongoing. Once completed, the case will be submitted to the Tulsa County District Attorney’s Office, which will determine whether any criminal charges are appropriate.
The case has been classified as Tulsa’s 31st homicide of 2026.
What does “homicide” mean?
Tulsa Police noted that “homicide” is a legal classification meaning one person caused the death of another. It is not a criminal charge by itself. After reviewing the evidence, prosecutors will determine whether the shooting was criminal or legally justified. In some cases, a death may ultimately be ruled a justifiable homicide, meaning no criminal charges are filed.




