Man shoots teen burglars in basement (MN) - now on trial

JonnyPistachio

http://www.cbsnews.com/news/prosecutor-minn-homeowner-lay-in-wait-for-teen-burglars/

Has anyone heard about this guy? Just wondering what some of you think.

LITTLE FALLS, Minn. - A Minnesota man on trial for killing two teenagers after they broke into his house planned the killings, and was lying in wait in his basement with a book, some snacks and two guns, prosecutors said Monday. But a defense attorney countered that his client was terrified after several increasingly violent break-ins and hid after hearing a window break and footsteps upstairs.

Byron Smith, 65, of Little Falls, is charged with first-degree premeditated murder in the slayings of 17-year-old Nick Brady and 18-year-old Haile Kifer on Thanksgiving Day in 2012. The killings rocked the small central Minnesota city of about 8,000 and stirred debate about how far a person can go in defending their home.

Smith has claimed self-defense, saying he feared the teens were armed and that he was on edge after earlier repeated break-ins at his home. Under Minnesota law, a person may use deadly force to prevent a felony from taking place in one's home or dwelling, but authorities have said Smith crossed a line when he continued to shoot the teens after they were no longer a threat.

Prosecutors played for jurors Smith's taped interview with police after the shootings. In it, Smith told police he was living in fear after the break-ins and had taken to wearing a gun on his hip. But he also said: "Whoever it was who was breaking into my home had been doing it so long that I was no longer willing to live in fear."
Defense attorney Steve Meshbesher told jurors that the trial "is not a case of whodunit. Mr. Smith is the person who shot and killed those two people, but he is not criminally responsible for the deaths. He is not guilty of murder."

Meshbesher also said his client was hiding after break-ins that had gotten increasingly more violent.

"He became frightened and scared to live in his own home," he said of Smith, later adding, "He began to wear a holster and pistol in his own house. That is how afraid he is, and became."

Assistant Washington County Attorney Brent Wartner told jurors that Smith thought a neighbor girl had been breaking into his home, so on that Thanksgiving Day, Smith sat in his basement, waiting.

"He's down in the basement, in a chair, tucked between two bookcases at the bottom of the stairs. He said he was down there reading a book ... with his Mini-14, a .22-caliber revolver, some energy bars and a bottle of water," Wartner said.

Wartner said Smith heard the door of his house rattle at about 12:30 p.m., then someone walking across the deck, then a window breaking.

"And he waited," Wartner said.

Prosecutors say as Brady descended the basement steps, Smith shot him in the chest, then in the back while Brady fell, Wartner said. Smith fired a final shot into Brady's head, the bullet passing through Brady's hand, Wartner said. Smith put Brady's body on a tarp so he wouldn't get blood on his carpet, dragged it into his workshop, reloaded his rifle and sat down again, the prosecutor said.

A few minutes later, Kifer walked down the stairs and Smith shot her, Wartner said. His rifle jammed when he tried a second shot, and Smith told police he believed Kifer laughed at him.

"He was angry," Wartner said, then describing that Smith pulled out his revolver and shot her twice in the head, once in the left eye and once behind the left ear.

Smith dragged Kifer's body into the workshop and laid it on top of Brady's, Wartner said. Smith told investigators he thought he heard Kifer gasping, so he placed his revolver under her chin and fired what he told police was a "good clean finishing shot to the head," the assistant prosecutor said.

Smith is a retired security engineer for the U.S. Department of State. Kifer and Brady were cousins. The two were well-known in the community, and both were involved in sports.

After their deaths, authorities said a car linked to Brady and Kifer contained prescription drugs that had been stolen from another house, apparently the day before they were killed. Court documents from another case show Brady had burglarized Smith's property at least twice in the months before he was killed.

goingtoverona

yeah I saw this story. it is pretty sad. personally I think that if the guy was waiting for this to happen, why wasn't he on the phone with the cops when they were breaking in? because he wanted to kill, not incapacitate. i'm all about protecting ones home, but this was disturbingly extreme.
although I don't see what the kids being well known in the community and playing sports has to do with them being repeat criminals.

Thirty Bills Unpaid

Is this a case of a guy being 'prepared' or murder 'premeditated'? In this case, I don't think these two are synonymous. Premeditation would imply, to me, that one has chosen a target, time, and methodology. The guy was being victimized inside his own home. He did set up camp in his basement, but he never waited for the window to break and then begin hunting down the intruders in his home.

What I'm failing to understand is why the girl, after hearing multiple gunshots, did not flee the scene?

While I feel awful for the kids and for the accused. It must be said that it is a dangerous game breaking into people's homes and expecting 'gentle' treatment if caught. This was a very high risk activity they pursued.

unsung

I fully support his right to defend his property with whatever force will stop the threat.

Once the threat has been eliminated/incapacitated he should have called 911. But he didn't.

Cosmo

unsung said:

I fully support his right to defend his property with whatever force will stop the threat.
Once the threat has been eliminated/incapacitated he should have called 911. But he didn't.

...
Hey... we agree!!!
He could have done a lot of things differently... rather than laying in wait. Executing the girl and trying to claim compassion for her suffering... no. Excution is execution.

chadwick

what a mess

Cosmo

Thirty Bills Unpaid said:

Is this a case of a guy being 'prepared' or murder 'premeditated'? In this case, I don't think these two are synonymous. Premeditation would imply, to me, that one has chosen a target, time, and methodology. The guy was being victimized inside his own home. He did set up camp in his basement, but he never waited for the window to break and then begin hunting down the intruders in his home.

What I'm failing to understand is why the girl, after hearing multiple gunshots, did not flee the scene?

While I feel awful for the kids and for the accused. It must be said that it is a dangerous game breaking into people's homes and expecting 'gentle' treatment if caught. This was a very high risk activity they pursued.

...
Consider the fact that we are only hearing one side of the story. Because he says it all went down as he explains it... does not mean that those were the actual events/sequences that occurred.

Thirty Bills Unpaid

Cosmo said:

Thirty Bills Unpaid said:

Is this a case of a guy being 'prepared' or murder 'premeditated'? In this case, I don't think these two are synonymous. Premeditation would imply, to me, that one has chosen a target, time, and methodology. The guy was being victimized inside his own home. He did set up camp in his basement, but he never waited for the window to break and then begin hunting down the intruders in his home.

What I'm failing to understand is why the girl, after hearing multiple gunshots, did not flee the scene?

While I feel awful for the kids and for the accused. It must be said that it is a dangerous game breaking into people's homes and expecting 'gentle' treatment if caught. This was a very high risk activity they pursued.

...
Consider the fact that we are only hearing one side of the story. Because he says it all went down as he explains it... does not mean that those were the actual events/sequences that occurred.

This has not been lost on me. But in the same breath, the story very well could be as stated though- it is pretty damning.

I agree with your post that made reference to an execution style murder in the interest of compassion. If the girl was alive... you would think he would have called for help. If he was trying to make a 'better' story of how things transpired for his benefit... you would think this would have been one component of it that he would have refined somewhat.

FrankBauer

strange all around....i read reports the break-ins happened so much that he bugged his entire house...thats how deep the paranoia went. so they have audio of what went down during the whole event including what he muttered as he "finished" the kids off after wounding them. so, i think what's reported is pretty accurate to what happened. and they did break a window to get into the home. the news reports that i've seen always show two really attractive white kids and of course the crazy mug shot of the old guy that shot him. whats left out of the story is why was this dude a victim of so many breakins? curious as to why the kids kept breaking into his home...money? prescription drugs? just to mess with him?

as for defending one's home at all cost, its a gray area. i always thought that a responsible gun owner cant fire upon an intruder unless he had a legitimate reason to fear for his life. so say an intruder breaks into your home, you are armed and see the intruder. i always thought the law doesnt allow you to fire unless the intruder charges you or makes an attempt to harm you. you certainly cant fire if the intruder is fleeing. am i wrong to believe that? i guess the old guy didnt even let the kids know he had a gun before he fired.

chadwick

i'd rather someone steal my stuff than i shoot them dead. i would only use deadly force if i or my people were being violently attacked in a serious manner. stealing my wallet & prescription drugs is not worth me killing anyone

chadwick

killing someone takes on a whole new realm of not good stuff. most of us are not at all prepared for that kind of reality

unsung

Cosmo said:

unsung said:

I fully support his right to defend his property with whatever force will stop the threat.
Once the threat has been eliminated/incapacitated he should have called 911. But he didn't.

...
Hey... we agree!!!
He could have done a lot of things differently... rather than laying in wait. Executing the girl and trying to claim compassion for her suffering... no. Excution is execution.

I have no issue with him waiting. My issue is if he shot them and they were alive but not a threat he should have called 911. It appears he didn't make the call until after he shot them again, and it appears he executed them.

I'd only shoot to end the threat, I wouldn't aim to wound. He wounded to where they could do him no harm, but he didn't stop.

JonnyPistachio

I suppose he might have gotten away with this had he shot them dead then immediately called police...then kept his mouth shut. He must have known that executing them after they were incapacitated was wrong. And not calling authorities until the next day? Very fishy. This is one off balance individual.

But as frank bauer made a good point-- I saw a clip of this on CNN at the sub shop today while eating lunch, and they kept showing zoom-ins of photos of the cute young girl smiling real big - then ugly mugshot of the dude. Good for ratings I assume...the Casey Anthony treatment will probably come along with this one..

hedonist

JonnyPistachio said:

I suppose he might have gotten away with this had he shot them dead then immediately called police...then kept his mouth shut. He must have known that executing them after they were incapacitated was wrong. And not calling authorities until the next day? Very fishy. This is one off balance individual.

But as frank bauer made a good point-- I saw a clip of this on CNN at the sub shop today while eating lunch, and they kept showing zoom-ins of photos of the cute young girl smiling real big - then ugly mugshot of the dude. Good for ratings I assume...the Casey Anthony treatment will probably come along with this one..

And his moving of the bodies strikes me as really strange too - not to mention lying in wait for the other person.

(as for "a good clean finishing shot to the head"...yikes)

Guess this is one where more light will be shed over time. Lots of why's and oddities here.

callen

This just highlights the pleasure some get at arming themselves to the hilt and itching to use those weapons. He has the right to protect his safety but what he did appeared cold blooded.

cornnifer

This is a tough one... One certainly has the right to protect themselves and their residence from intruders. This though... they were kids. I don't see why he couldn't have kneecapped em or something... At the same time, maybe next time they come back with a fresh set of knees and guns of their own. Tough call.

Cosmo

unsung said:

Cosmo said:

unsung said:

I fully support his right to defend his property with whatever force will stop the threat.
Once the threat has been eliminated/incapacitated he should have called 911. But he didn't.

...
Hey... we agree!!!
He could have done a lot of things differently... rather than laying in wait. Executing the girl and trying to claim compassion for her suffering... no. Excution is execution.

I have no issue with him waiting. My issue is if he shot them and they were alive but not a threat he should have called 911. It appears he didn't make the call until after he shot them again, and it appears he executed them.

I'd only shoot to end the threat, I wouldn't aim to wound. He wounded to where they could do him no harm, but he didn't stop.

...
Again, we agree. There are hundreds of scenarios he could have considered. One of them being, calling 911 as soon as he heard them outside his home. This would have alerted authorities and brought them on scene. Scared them off with blast of his rifle when they were still outside. If he was so worried about future break-ins... Costco sells security camera systems to record them in the act, evidence for the police to handle.
But, yeah... they were subdued and not a threat. It is difficult to hide behind the 'Fearing for my life' defense when you are the only one with a gun and the perpetrators are wounded and laying on the floor.

josevolution

He def could of shot a warning shot or called for help as soon as he heard the breaking of window with that being said when you decide to brake into someone's house you should be expecting repercussions i chalk this up to Idiocy ......

Thirty Bills Unpaid

Cosmo said:

unsung said:

Cosmo said:

unsung said:

I fully support his right to defend his property with whatever force will stop the threat.
Once the threat has been eliminated/incapacitated he should have called 911. But he didn't.

...
Hey... we agree!!!
He could have done a lot of things differently... rather than laying in wait. Executing the girl and trying to claim compassion for her suffering... no. Excution is execution.

I have no issue with him waiting. My issue is if he shot them and they were alive but not a threat he should have called 911. It appears he didn't make the call until after he shot them again, and it appears he executed them.

I'd only shoot to end the threat, I wouldn't aim to wound. He wounded to where they could do him no harm, but he didn't stop.

...
Again, we agree. There are hundreds of scenarios he could have considered. One of them being, calling 911 as soon as he heard them outside his home. This would have alerted authorities and brought them on scene. Scared them off with blast of his rifle when they were still outside. If he was so worried about future break-ins... Costco sells security camera systems to record them in the act, evidence for the police to handle.
But, yeah... they were subdued and not a threat. It is difficult to hide behind the 'Fearing for my life' defense when you are the only one with a gun and the perpetrators are wounded and laying on the floor.

I'm not disagreeing with you on the use of excessive force- in particular when the intruders were definitely subdued. But, I don't get the sense form your posts that you feel the youths may have had a bit of a hand in this scenario. He didn't 'go looking for trouble'. He was in his own home and feeling insecure in it as well given the recent break-ins.

It's pretty easy to dismiss his fear from afar and safely removed from the situation. Of course things could have been different... like... the kids could have found other leisure pursuits. Getting shot while breaking into someone's home is a distinct possibility.

This one is difficult to definitively assess.

unsung

josevolution said:

He def could of shot a warning shot or called for help as soon as he heard the breaking of window with that being said when you decide to brake into someone's house you should be expecting repercussions i chalk this up to Idiocy ......

A warning shot? Seriously?

http://www.cbsnews.com/news/fla-mom-gets-20-years-for-firing-warning-shots/

hedonist

unsung said:

josevolution said:

He def could of shot a warning shot or called for help as soon as he heard the breaking of window with that being said when you decide to brake into someone's house you should be expecting repercussions i chalk this up to Idiocy ......

A warning shot? Seriously?

http://www.cbsnews.com/news/fla-mom-gets-20-years-for-firing-warning-shots/

I believe the law varies from state to state...still seems like a prudent first step toward protecting yourself (also in the case of the FL woman).

Yeah, I'm with Jose on the last part of what he said. That's the chance you take when you force your way into someone's home. If someone were brazen enough to do that with me, I'd assume they're armed in some fashion. And weapon or not, how would I know if their intent is to steal, kill, rape, etc.?