News Minnesota man who killed teens in break-in charged with murder - Page 28

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.
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

**notorious** · 04-25-2014, 07:34 AM

Quote:

Originally Posted by Anyong Bluth

Not talking about protection. You're confused. I'm talking about the idea of execution on sight just like the couple previous posts are talking about.

I agree with you about letting them have the stuff, but you can never predict a criminal's intent. If they choose to invade, they should be ready for the consequences whether it is being killed or injured.

If this Minnesota psycho would have unloaded and killed the kids he wouldn't have anything to worry about. It's the calculation in the process that is going to hammer him (as it should).

ForeverChiefs58 · 04-25-2014, 07:37 AM

Quote:

Originally Posted by Anyong Bluth

Not talking about protection. You're confused. I'm talking about the idea of execution on sight just like the couple previous posts are talking about.

On sight of a robbery or burglary?

That is where MN law comes into play.

It's is a fact that crime goes down when thieves robbers think they'll run into resistance with zero tolerance for their crimes

**Anyong Bluth** · 04-25-2014, 07:51 AM

Quote:

Originally Posted by ForeverChiefs58

On sight of a robbery or burglary?

That is where MN law comes into play.

It's is a fact that crime goes down when thieves robbers think they'll run into resistance with zero tolerance for their crimes

Burglary - should you happen to come upon them in surprise.

Either way, basically, not in cold blood.

Nuke or a gun- the hope is you never have to use it.

Shooting someone who happens to die is a clear conscious turn of events.

There's just that fine line between in defense of yourself and family that can quickly become you acting as the aggressor. Trust me, I get that line is about as fuzzy as can be in instances.

jspchief · 04-25-2014, 07:53 AM

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

**notorious** · 04-25-2014, 07:57 AM

Quote:

Originally Posted by jspchief

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

No shit.

(Hears Gunshots) "Hmmm, let's go down and see what happened!"

**Anyong Bluth** · 04-25-2014, 08:00 AM

What was he watching that he couldn't be bothered to call it in until morning?

**notorious** · 04-25-2014, 08:05 AM

Quote:

Originally Posted by Anyong Bluth

What was he watching that he couldn't be bothered to call it in until morning?

He is a huge Tardashian fan.

**Anyong Bluth** · 04-25-2014, 08:07 AM

Quote:

Originally Posted by notorious

He is a huge Tardashian fan.

I debated if it was A Christmas Story on TBS or Downtown Abbey.

ForeverChiefs58 · 04-25-2014, 08:10 AM

Quote:

Originally Posted by Anyong Bluth

What was he watching that he couldn't be bothered to call it in until morning?

I'm sure if he could just explain he was watching Mark Castle start at QB, the jury would just shrug and say "well hell, it's a wonder he didn't kill more."

**Easy 6** · 04-25-2014, 08:10 AM

Quote:

Originally Posted by notorious

I agree with you about letting them have the stuff, but you can never predict a criminal's intent. If they choose to invade, they should be ready for the consequences whether it is being killed or injured.

If this Minnesota psycho would have unloaded and killed the kids he wouldn't have anything to worry about. It's the calculation in the process that is going to hammer him (as it should).

Pretty much this, those kids willingly placed themselves in a dangerous situation, I doubt they intended to harm the man and probably viewed it all as a big joke akin to t-peeing the guys tree... but they still invaded his home.

Yes, its the calculated way he offed them face to face, complete with snarky one-liners like it was some Arnold movie after they were incapacitated, that's going to really hurt his case.

Gravedigger · 04-25-2014, 08:12 AM

You wouldn't think that a break in "protection" killing could be premeditated but the fact that he recorded it suggests otherwise. I think he knew exactly what he was going to do if they broke in, he was just waiting with a gun and a recording device for it to take shape.

**Predarat** · 04-25-2014, 08:21 AM

There was a store owner/manager case in Oklahoma similar to the one in Kansas. Prosecutors need to be very very careful about charging people in these situations too harshly. Its not like they woke up in the morning and decided to execute someone in cold blood just to kill someone. They were going about their daily business, job, being at home, whatever the case may be and these criminals suddenly come in and commit an armed robbery or home invasion. In the heat of the moment they may have went to far on adrenaline or maybe if the criminals were still alive, even if disabled they still could have felt threatened. No telling if the criminals had another gun and were alive enough to shoot the victim. Some of these prosecutors make it seem like they were like "Hey I am going to go to work and execute someone today" and that is clearly not the case. Hell if the prosecutors, police, and justice system was doing its job and keeping real criminals off the street and rehabbing them properly before they let them out again these people may have not been in that situation to begin with.

-King- · 04-25-2014, 09:01 AM

Quote:

Originally Posted by notorious

No shit.

(Hears Gunshots) "Hmmm, let's go down and see what happened!"

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

jspchief · 04-25-2014, 09:26 AM

Quote:

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

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

**alnorth** · 04-25-2014, 09:48 AM

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.

11-27-2012, 04:56 PM
NIUhuskies Veteran Join Date: May 2005 Location: Chicago, IL Casino cash: $8415050	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

04-25-2014, 07:53 AM	#409
jspchief BAMF Join Date: Apr 2004 Location: Your Face Casino cash: $9998710	Good decision by her to go downstairs after her boyfriend was shot. __________________ Courage is not the absence of fear but rather the judgment that something is more important than fear. The brave may not live forever but the cautious do not live at all.
Posts: 27,207

04-25-2014, 08:00 AM	#411
Anyong Bluth Deus ambulans inter homines Join Date: Mar 2005 Location: Chicago Casino cash: $9649340	What was he watching that he couldn't be bothered to call it in until morning? __________________ Suck it, *beautiful*
Posts: 14,918

04-25-2014, 08:12 AM	#416
Gravedigger Plays to win the game! Join Date: Mar 2005 Location: Lees Summit Casino cash: $7243101	You wouldn't think that a break in "protection" killing could be premeditated but the fact that he recorded it suggests otherwise. I think he knew exactly what he was going to do if they broke in, he was just waiting with a gun and a recording device for it to take shape.
Posts: 7,570

04-25-2014, 08:21 AM	#417
Predarat Run Chiefs fans, run!! Join Date: Oct 2004 Location: Nashville, TN Casino cash: $9973863	There was a store owner/manager case in Oklahoma similar to the one in Kansas. Prosecutors need to be very very careful about charging people in these situations too harshly. Its not like they woke up in the morning and decided to execute someone in cold blood just to kill someone. They were going about their daily business, job, being at home, whatever the case may be and these criminals suddenly come in and commit an armed robbery or home invasion. In the heat of the moment they may have went to far on adrenaline or maybe if the criminals were still alive, even if disabled they still could have felt threatened. No telling if the criminals had another gun and were alive enough to shoot the victim. Some of these prosecutors make it seem like they were like "Hey I am going to go to work and execute someone today" and that is clearly not the case. Hell if the prosecutors, police, and justice system was doing its job and keeping real criminals off the street and rehabbing them properly before they let them out again these people may have not been in that situation to begin with.
Posts: 10,776

04-25-2014, 09:48 AM	#420
alnorth . Join Date: Dec 2002 Casino cash: $57166239	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. __________________ how many emo kids does it take to change a lightbulb? HOW MANY?! none they just sit in the dark and cry
Posts: 36,130