News Minnesota man who killed teens in break-in charged with murder - Page 10

NIUhuskies · 11-27-2012, 04:56 PM

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

kcxiv · 02-07-2013, 06:37 AM

wow, Some of you mother****ers posting in here are just as batshit insane as the guy shooting people just cause you want them dead. lol At least it sounds like it.

Its like being in a ****ing fight and someone hits you for no reason and you get up and kick his ass but you just keep going and going til he's dead. There is no difference, you as a human should know when enough is enough.

jspchief · 02-07-2013, 06:56 AM

Quote:

Originally Posted by Aries Walker

No, you should not. Threaten, attack, defeat, repel, neutralize, sure - but once that intruder is no longer a threat (say, because they're lying, bleeding on the floor from multiple gunshot wounds), you cannot gangland-style bullet-through-the-cranium execute anyone.

Agree to disagree then.

Amnorix · 02-07-2013, 07:12 AM

Quote:

Originally Posted by kcfanXIII

i don't understand the murder charges. those teens gave up their rights when they broke into a home that wasn't theirs.

edit: i do agree he screwed up by not calling police immediately, and he handled it wrong. the executions may have been over the line.

Gee, really? Why, do you think?

Amnorix · 02-07-2013, 07:15 AM

Quote:

Originally Posted by jspchief

You should be able to execute an intruder in your own home.

That is seriously ****ed up.

InChiefsHeaven · 02-07-2013, 07:21 AM

You don't have the right to EXECUTE someone. If you kill them in the process of defending yourself or your property, I have no problem with that. But damn, this is sick psycho serial killer shit. I think the old man's cheese has slipped off the cracker for sure, but I can't understand how anyone can justify the execution.

I get that the kids should not have been doing what they were doing, but this is beyond self defense. Hell, it's beyond revenge. This is just sick twisted shit.

Gary · 02-07-2013, 08:07 AM

In Florida, there is a rule called the Castle Doctrine that says there is implied intent to inflict harm when someone breaks into your home. However, the use of deadly force is only justified if the homeowner's life was in danger of imminent great bodily harm or death. Once those teenagers hit the ground the imminent danger of great bodily harm or death ended.

**notorious** · 02-07-2013, 08:23 AM

If they can prove he shot them execution-style, he is done.

This is similar to a story I heard in CCL class from a Wichita Detective. A store owner had been robbed many times, and he finally armed himself. The next time a robbery was attempted, he shot the perp.

He was still in the right until he walked around his counter and fired a shot into the scumbag's head. The store owner is now serving time for murder.

The kicker: His own store video showed the whole thing.

**Old Dog** · 02-07-2013, 08:26 AM

Now fry him and all three are out of the gene pool......win, win, win

Garcia Bronco · 02-07-2013, 08:29 AM

If you break into my home, I'll shoot you with a .45. You'll be dead, cause you are not coming back to my home. The only thing you need do to avoid this is to stay the **** outta my house uninvited.

Radar Chief · 02-07-2013, 08:31 AM

Quote:

Originally Posted by notorious

If they can prove he shot them execution-style, he is done.

I think he pretty much came right out and said he did, and seemed proud of it.

seclark · 02-07-2013, 08:33 AM

Quote:

Originally Posted by Radar Chief

I think he pretty much came right out and said he did, and seemed proud of it.

yep...old bastard's crazy, which i honestly think is the best thing he's got going for him right now.
sec

unlurking · 02-07-2013, 08:35 AM

Quote:

Originally Posted by notorious

If they can prove he shot them execution-style, he is done.

This is similar to a story I heard in CCL class from a Wichita Detective. A store owner had been robbed many times, and he finally armed himself. The next time a robbery was attempted, he shot the perp.

He was still in the right until he walked around his counter and fired a shot into the scumbag's head. The store owner is now serving time for murder.

The kicker: His own store video showed the whole thing.

These people need to spend more time at the range and learn to double tap!

To society in general, there is a very real difference between killing someone in self defense, and leaning over a defenseless asshole and shooting him point blank in the head.

WhiteWhale · 02-07-2013, 08:52 AM

Killing a defenseless person is murder.

He's a murderer and should be punished accordingly.

WhiteWhale · 02-07-2013, 08:53 AM

Quote:

Originally Posted by jspchief

Agree to disagree then.

Then you disagree with the law.

Killing a defenseless person is murder. Always.

The whole 'defenseless' throws a wrench in the 'self defense' argument.

WV · 02-07-2013, 09:04 AM

Quote:

Originally Posted by WhiteWhale

Killing a defenseless person is murder.

He's a murderer and should be punished accordingly.

What if he had killed them with only one shot? So you don't agree with protecting yourself from a burglar?

11-27-2012, 04:56 PM
NIUhuskies Veteran Join Date: May 2005 Location: Chicago, IL Casino cash: $8435050	Minnesota man who killed teens in break-in charged with murder 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. Advertise \| AdChoices 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. Follow @NBCNewsUS 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
Posts: 1,036

02-07-2013, 06:37 AM	#136
kcxiv In Search of a Life Join Date: Mar 2005 Location: Central Valley, Cali Casino cash: $8807996	wow, Some of you mother**ers posting in here are just as batshit insane as the guy shooting people just cause you want them dead. lol At least it sounds like it. Its like being in a **ing fight and someone hits you for no reason and you get up and kick his ass but you just keep going and going til he's dead. There is no difference, you as a human should know when enough is enough.
Posts: 29,110

02-07-2013, 07:21 AM	#140
InChiefsHeaven Rockin' yer FACE OFF! Join Date: Feb 2003 Location: Omaha, Nebraska Casino cash: $3964937	You don't have the right to EXECUTE someone. If you kill them in the process of defending yourself or your property, I have no problem with that. But damn, this is sick psycho serial killer shit. I think the old man's cheese has slipped off the cracker for sure, but I can't understand how anyone can justify the execution. I get that the kids should not have been doing what they were doing, but this is beyond self defense. Hell, it's beyond revenge. This is just sick twisted shit. __________________ We have a million reasons for failure, but not one excuse... Die Donks, DIE!! Holy Crap fellas!!! We did it!!! THREE TIMES!!!
Posts: 25,704

02-07-2013, 08:07 AM	#141
Gary The Shepherd Join Date: Feb 2001 Location: Sunny Florida Casino cash: $9965472	In Florida, there is a rule called the Castle Doctrine that says there is implied intent to inflict harm when someone breaks into your home. However, the use of deadly force is only justified if the homeowner's life was in danger of imminent great bodily harm or death. Once those teenagers hit the ground the imminent danger of great bodily harm or death ended. __________________ The truth is you're the weak and I am the tyranny of evil men. But I'm tryin Ringo...I'm tryin real hard to be the shepherd.
Posts: 904

02-07-2013, 08:23 AM	#142
notorious Supporter Join Date: May 2005 Location: Who knows? Casino cash: $3035884	If they can prove he shot them execution-style, he is done. This is similar to a story I heard in CCL class from a Wichita Detective. A store owner had been robbed many times, and he finally armed himself. The next time a robbery was attempted, he shot the perp. He was still in the right until he walked around his counter and fired a shot into the scumbag's head. The store owner is now serving time for murder. The kicker: His own store video showed the whole thing.
Posts: 83,206

02-07-2013, 08:26 AM	#143
Old Dog Supporter Join Date: Apr 2004 Location: North Central Kansas Casino cash: $4766131	Now fry him and all three are out of the gene pool......win, win, win
Posts: 10,662

02-07-2013, 08:29 AM	#144
Garcia Bronco No Keys, No Problem Join Date: Sep 2000 Location: Denver Casino cash: $5393136	If you break into my home, I'll shoot you with a .45. You'll be dead, cause you are not coming back to my home. The only thing you need do to avoid this is to stay the **** outta my house uninvited.
Posts: 30,801

02-07-2013, 08:52 AM	#148
WhiteWhale Bring it on Ahab! Join Date: May 2011 Location: Doo-Dah Casino cash: $10015152	Killing a defenseless person is murder. He's a murderer and should be punished accordingly.
Posts: 14,861

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