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

[ForeverChiefs58]

Setting up the audio recording shows a premeditation. What's on it will be what sends him away

[Easy 6]

RJ, the man is a crazed old murderer... when the home invaders are lying on their backs gasping for air like fish, its time to stop and call the police.

NOT finish the job "nice and clean-like"... he needs to die.

[Tombstone RJ]

Originally Posted by scott free

RJ, the man is a crazed old murderer... when the home invaders are lying on their backs gasping for air like fish, its time to stop and call the police.

NOT finish the job "nice and clean-like"... he needs to die.

like I said, I don't agree with him killing the teens, but I also don't think he should be charged with premeditated murder.

[Prison Bitch]

Dude should get the electric chair as soon as the show trial ends.

[ForeverChiefs58]

Evidence expected to be presented at trial includes video surveillance of the teens entering Smith’s home, as well as an audio recording of the killings. Prosecutors have said the audio tape shows four shots were fired at Brady, and that Kifer can be heard 10 minutes later saying, “Nick?” before more shots were fired. Prosecutors have said Smith can be heard telling Kifer: “You’re dying.”

Assistant Morrison County Attorney Todd Kosovich has said the killings were an “ambush” and that Smith removed light bulbs from sockets and sat by a tall bookcase so the teens couldn’t see him as they came downstairs.

[ForeverChiefs58]

Jurors might find the idea of ambushing people breaking into your house silly sounding.

[Bob Dole]

Originally Posted by aturnis

Once he shot them each a first time, incapacitating them, and them being unarmed, he had successfully defended his life and property with no threat left to himself. Anything that happened after the first incapacitating shot was murder.

You can ARGUE that he didn't, but that would likely just mean you're a disgusting human being who is also wrong.

Throw the book at him.

Leave them alive and they sue you.

[Predarat]

Wow it sounds like the prosecutors are trying to spin it like he hunted them down. remember assholes, they invaded HIS home, they act like he went out, found them and shot them down in cold blood. If the damn prosecutes were doing their ****ing job in the first place these thugs would be in jail, not out committing home invasions. Ideally he deserves a bit of time for the 2nd killing, but with the way it has been piss poorly handled from the beginning hope he gets off with a slap on the wrist or less.

[WhawhaWhat]

This story would make a good TV movie. They can show the previous alleged break-ins. This old guy setting them up for another break-in by moving his car away from his house, unscrewing all the light bulbs to sit in darkness. The kids break in, he executes them and then he goes to prison.

[ChiTown]

Originally Posted by Bob Dole

Leave them alive and they sue you.

Well, that might be better than going to prison for the rest of your life?

[ForeverChiefs58]

So, he shot the girl first in upperbody, then several times in chest, once in eye, once in head behind ear...and she was still gasping before final kill shot under chin that left her doing "death shakes".

That doesn't sound like a very powerful gun at all. Sounds like it was a pellet rifle

[Dave Lane]

Originally Posted by aturnis

Once he shot them each a first time, incapacitating them, and them being unarmed, he had successfully defended his life and property with no threat left to himself. Anything that happened after the first incapacitating shot was murder.

You can ARGUE that he didn't, but that would likely just mean you're a disgusting human being who is also wrong.

Throw the book at him.

Agreed.

[Eleazar]

Originally Posted by ForeverChiefs58

Setting up the audio recording shows a premeditation. What's on it will be what sends him away

I don't think it does at all. He could conceivably have set up the recording in fear that armed burglars were about to kill him, hoping to provide evidence.

It's going to be difficult for his side to prove why all those shots were necessary. But I could easily see the defense winning because in a dark basement, an intruder couldn't be judged with complete accuracy as to whether they are a threat or whether they are armed. He could conceivably have been unsure whether the person was actually hit by the shot. whether they were armed (given he'd had firearms stolen before) or whether they were shot but were still a threat. A person who is armed and has been shot could be MORE of a threat, given that they are now in their view fighting for their life.

I don't think they will be able to get a murder conviction on the boy. The girl, sure, if we have the story as it will play out in court. (One has to wonder if we have the whole story here, because what girl would follow someone down into a dark basement after hearing gunshots?)

Anyway, this guy needs to be locked up IMO, but it also is a good reminder that your chances of being shot to death are a hell of a lot lower if you aren't committing burglaries.

[ARROW2]

Originally Posted by Detoxing

Waste of good snatch

no disrespect intended but fugly.....

[ForeverChiefs58]

I remember hearing about a guy breaking into Brandon Lee, Bruce Lee's son's house. A comedian was saying "can you imagine sneaking in that house, flashlight goes on wall covered with martial arts weapons, all the family pictures with karate and thinking this wasn't a very good idea" lol

I think that guy made it out alive though which is a little ironic