Minnesota man who killed teens in break-in charged with murder

[NIUhuskies]

wow, this sounds pretty messed up... Cant tell if his guy is nuts or if these kids were on drugs

By NBC News staff and wire services

A 64-year-old Minnesota man was charged Monday with murder for killing two teenagers who he said broke into his Little Falls home, shooting them in the head, the Minneapolis Star Tribune reported.

AP file

Byron David Smith was arrested after he told police he shot and killed two teenagers who he said were breaking into his home on Thanksgiving Day.

"If you're trying to shoot somebody and they laugh at you, you go again," Byron David Smith of Little Falls told investigators, according to a criminal complaint filed Monday.

Smith was charged with two counts of second-degree murder in the deaths of Haile Kifer, 18, and her cousin, Nicholas Brady, 17, both of Little Falls. The teens were shot on Thanksgiving Day, but their deaths weren't reported until Friday.
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Brady has also used the name Schaeffel, which is his mother’s maiden name, at times for family reasons, according to the sheriff's office.

In the criminal complaint, Smith said he was in the basement of his remote home about 10 miles southwest of Little Falls when he heard a window breaking upstairs, followed by footsteps that eventually approached the basement stairwell. Fearful after several break-ins, according to the complaint, Smith said he fired when Brady came into view from the waist down.

After the teen fell down the stairs, Smith said he shot him in the face as he lay on the floor.

"I want him dead," the complaint quoted Smith telling an investigator.

Smith said he dragged Brady's body into his basement workshop, then sat back down on his chair, and after a few minutes Kifer began coming down the stairs. He said he shot her as soon as her hips appeared, and she fell down the steps.

Smith said he tried to shoot her again with his Mini 14 rifle, but that the gun jammed and Kifer laughed at him.

"Smith stated that it was not a very long laugh because she was already hurting," according to the complaint.

Smith said he then shot Kifer in the chest several times with a .22-caliber revolver, dragged her next to Brady, and with her still gasping for air, fired a shot under her chin "up into the cranium."

"Smith described it as 'a good clean finishing shot,'" according to the compliant, but also that he acknowledged he had fired "more shots than (he) needed to."

The following day he asked a neighbor to recommend a good lawyer, according to the complaint. He later asked his neighbor to call the police.

A prosecutor called Smith's reaction "appalling."

"Mr. Smith intentionally killed two teenagers in his home in a matter that goes well beyond self-defense," Morrison County Attorney Brian Middendorf said after Smith appeared at Morrison County District Court on Monday morning. Bail was set at $2 million.

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Minnesota law allows a homeowner to use deadly force on an intruder if a reasonable person would fear they're in danger of harm. Smith told investigators he was afraid the intruders might have a weapon.

Smith's actions "sound like an execution" rather than legitimate self-defense, said David Pecchia, executive director of the Minnesota Chiefs of Police Association. Pecchia said his statements to investigators suggest he had eliminated any threat to his safety by wounding the cousins.

Smith's brother, Bruce Smith, told the Star Tribune of Minneapolis that the incident was the eighth burglary at Byron Smith's home in recent years.

The only report the Morrison County sheriff's office has for a break-in at the home was for one on Oct. 27. It shows Byron Smith reported losing cash and gold coins worth $9,200, plus two guns worth $200 each, photo equipment worth more than $3,000 and a ring worth $300.

Little Falls is about 100 miles northwest of Minneapolis.

Brady's sister, Crystal Schaeffel, told the Star Tribune that Kifer had broken into her home before. Little Falls police records show Crystal Schaeffel reported a theft Aug. 28, but the department said the report was not public because that investigation was continuing and because it named juveniles.

Tessa Ruth, an aunt of Brady, attended Smith's hearing. She told the Star Tribune she wished the man had fired a warning shot or alerted the police instead of shooting the teens.

"It wasn't right for them to be there and, yes, he had a right to defend himself. But to execute them like that..."

http://usnews.nbcnews.com/_news/2012...th-murder?lite

[DTLB58]

Originally Posted by Predarat

He probably deserves some time but in a way I hope he gets off scott free. A clear message needs to be sent to all home invaders, you invade someones home, you might get killed. Home invasions happen all too often and many of them are terrifying and fatal to innocent victims. Also the punishment for Home Invaders needs to be harsher when they do get caught. Many times it seems they get let out of prison way too soon and are out doing it again. Had the police, prosecution and justice system done its job properly on the first break ins these thugs committed this would not have happened.

I agree to a point, that a message needs to be sent to criminals that if you break in somewhere you may get killed. You take that risk. They need to have a thought of fear, problem is a lot of people doing this are so high when they do they don't care or aren't thinking clearly. Secondly, as it's been said already, if he would have just shot them once and he knew they were disabled then he would probably have a much better chance here.
Your point to them getting let out of prison way to soon, the system is so overcrowded so they look to the least threatening ones to be released to make room for the serial killers.

[alnorth]

Originally Posted by DTLB58

I agree to a point, that a message needs to be sent to criminals that if you break in somewhere you may get killed. You take that risk. They need to have a thought of fear, problem is a lot of people doing this are so high when they do they don't care or aren't thinking clearly. Secondly, as it's been said already, if he would have just shot them once and he knew they were disabled then he would probably have a much better chance here.
Your point to them getting let out of prison way to soon, the system is so overcrowded so they look to the least threatening ones to be released to make room for the serial killers.

I don't even think you have to shoot once or try to disable someone. If someone breaks into my house, I'm going to try to shoot at their chest several times until they drop.

This crackpot wasn't satisfied with using reasonable potentially deadly force to defend himself, his actions were the actions of an angry vengeful man who wanted an execution.

[Lex Luthor]

Originally Posted by Jimmya

Some of the lawyers in TV said the dude has a 50/50 shot of getting off.

Based upon the posts in this thread, I'd say it will likely be a hung jury.

I'm in the camp that believes the homeowner has every right to defend himself and his property. But once he incapacitated each teenager and then deliberately finished them off, he crossed the line from home defense to cold-blooded murder.

I'd vote to send him to prison for life without parole. Anyone who would do what he did is a sick ****.

[DTLB58]

Originally Posted by jspchief

Good decision by her to go downstairs after her boyfriend was shot.

And 10 minutes later. Thought that was strange.

[Lex Luthor]

Originally Posted by -King-

Meh. If you care about someone, chances are you'll go downstairs to see what happened to them.
Posted via Mobile Device

Originally Posted by jspchief

...and chances are you'll end up shot too.

That girl did not deserve to die.

[alnorth]

Originally Posted by Brainiac

Based upon the posts in this thread, I'd say it will likely be a hung jury.

I actually think its pretty unlikely. Those who would have the philosophy that the homeowner can do absolutely anything he wants in a breakin would have been screened out during juror selections. Everyone on the jury will have told the court that they could be willing to find a homeowner guilty, depending on the circumstances.

[Jimmya]

I think he went over board, but anyone dumb enough to break into a house better understand that there are consequences.

[Anyong Bluth]

Originally Posted by Jimmya

I think he went over board, but anyone dumb enough to break into a house better understand that there are consequences.

Like what are we talking about?

No premium cable channels?
Poorly stocked fridge and pantry?
Liquor cabinet almost dry?
Pergo instead of real wood?
Faint smell of cat piss in some areas?
They only spring for that cheap shit sandpaper tp?
DSL?

[Prison Bitch]

Hopefully the families of the victims just happen to bump into him at night walking around somewhere. (A place with no cameras and no witnesses). And they just....OOPS!....happen to shoot his ass in a "Stand Your Ground" type of deal. Where nobody can disprove the shooter's account of being attacked by the old goon.


And hopefully they put the barrel right under his chin. For a nice, clean shot.

[Pablo]

Originally Posted by alnorth

This guy clearly belongs in prison for the rest of his life.

I'll give the homeowner a lot of leeway in a breakin. I don't believe you have to warn the intruders or fire a "warning shot". If you shoot several times as soon as you see someone who should not be in your house, fine. If the intruder dies from that, the homeowner should walk.

You do not get to walk up to their prone bleeding body and "finish" them with a killing shot. If you do that, you should be locked up.

It's this simple.

[Jimmya]

All I'm saying is nobody knows what psycho is in the house, or if the house is full of gang members..... Moral of the story is to not break into someone's house.

[Garcia Bronco]

I was originally okay with this guy walking, but now..I think he's got to do some time.

[Al Bundy]

The girl was very clearly a hardcore druggy, but she didn't deserve to die like that. He needs to be convicted of murder

[ForeverChiefs58]

Originally Posted by Brainiac

That girl did not deserve to die.

Deserving ain't got nothin to do with it


But if either break in a house then they have what is reasonably coming to them...death.

Even though death was reasonable, his method was not.

[ForeverChiefs58]

Originally Posted by alnorth

I don't even think you have to shoot once or try to disable someone. If someone breaks into my house, I'm going to try to shoot at their chest several times until they drop.

This crackpot wasn't satisfied with using reasonable potentially deadly force to defend himself, his actions were the actions of an angry vengeful man who wanted an execution.

This. But I think it is such a slippery slope.

It depends where the premeditation is. A reasonable person has security cameras, or even nervously has to "wait for another" break in cause cops/laws didn't get them.

His actions are over the top, but does anyone really want to set a precedent to something that surmounts to a home protection case?

Even if guilty he will have plenty to appeal.