Man shoots teen burglars in basement (MN) - now on trial
JonnyPistachio
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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.
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.
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Comments
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.
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.
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.
Hail, Hail!!!
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
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.
Hail, Hail!!!
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.
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.
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
"Hear me, my chiefs!
I am tired; my heart is
sick and sad. From where
the sun stands I will fight
no more forever."
Chief Joseph - Nez Perce
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.
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..
(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.
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.
Hail, Hail!!!
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.
A warning shot? Seriously?
http://www.cbsnews.com/news/fla-mom-gets-20-years-for-firing-warning-shots/
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.?
I'm not relenquishing responsibility from those kids... they would not be dead if they were not in his home. They have a large role in this thing.
I'm just saying that there were a lot of different options available, than the option that was chosen. The option to execute them while they lay wounded was a poor option... in my opinion. He is trying to make it sound like an act of compassion by putting them out of their misery... like you would do to a dog or coyote. The thing he should have with that logic was, they were not dogs or coyotes.
Hail, Hail!!!
That said if I shot someone and they were no longer a threat I would call 911 and start CPR until an ambulance got there.
You don't "finish them off".
And guess what? I'd support your stance.
I support your 2nd Amendment right to own a gun... and I support your right to use whatever force is required to stop an intruder in your home.
Hail, Hail!!!
But we have the luxury of hindsight. Caught in the moment, things would have been much more unclear.
Again, I'm not absolving him of anything- I'm just saying things must have been chaotic.
Along with gun ownership comes grave responsibility.
If you decide to point a gun at someone... even an intruder in your home... you should have already come to the realization that you are ready to pull the trigger and face all of the consequences that come with that action. You accept respnsibility and accountability for your actions and decisions. That is why a responsible gun owner will use the gun option only after all other options are off the table.
It does not mean you HAVE to shoot to kill... it just means that decision to shoot to kill has to be factored in when you first decide to draw your weapon.
Hail, Hail!!!
i'm pretty sure but not positive that not rendering aid to someone you just shot is the wisest thing to do because if any of your actions (cpr or ar) cause more damage, you could be sued for bodily harm or something like that.
most of those suits lose or get thrown out, but just having to get a lawyer and deal with all the legal bull shit sucks and is expensive.
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."
Just tuning into this story and sounds like something from a movie.
What the hell got into this guy. He committed a crime somewhere in that house.
This was an execution. By his own admission, the girl posed absolutely no threat to him when she was executed.
Peace
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