News Minnesota man who killed teens in break-in charged with murder - Page 21

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

WhiteWhale · 11-26-2013, 06:47 PM

Quote:

Originally Posted by Dayze

this is why you saying nothing to the police but "I felt in danger of my life and my lawyer will make any statements"

dude is a shitbag by all accounts for what he did, but just an example to never talk to the police in a situation like this, or any other possible felony.

The police would have figured it out man. They can spot executions over self defense.

**Rausch** · 11-26-2013, 06:48 PM

Quote:

Originally Posted by Phobia

AFAIC, if somebody breaks into your home repeatedly, their safety is no guarantee. I realize my view doesn't necessarily line up with MN state law, but I have very little sympathy for home invaders. It's not like the old man is a danger to the general public. He's not out there shooting random people dead. He offed a couple of deadbeat criminals.

This.

When you break into people's homes you beg for bad $3it to happen.

Did he have to kill them? No.

They broke in and got a metric ****-ton more crazy than they planned on.

Is breaking into anything, anywhere, risking your life?

Abso-****ing-lutely...

DJ's left nut · 11-26-2013, 06:49 PM

Quote:

Originally Posted by Rain Man

Yeah, you can't execute them, but I could see someone making a convincing argument that the fifth shot was necessary because they were still moving and it looked like they were reaching for a gun. Assuming of course that the fifth shot wasn't behind the ear or something.

Well and the track from where you dragged her into the living room and put another pill into her may also be a giveaway...

threebag · 11-26-2013, 06:52 PM

Quote:

Originally Posted by Rain Man

I'm moving in a different direction than the conversation to which your post was responding, but I'll point out that if I shot an intruder in my house I'd assume I was in danger from that point on. They know where I live and presumably they're very unhappy with me shooting them. If they're just arrested for burglary they'll be out of jail in 24 hours.

That's why you shoot to kill right from the get go

11-26-2013, 09:44 PM

Quote:

Originally Posted by Katipan

I'm all for shooting people but gosh...

Now I'm picturing all the dangerous old people that shouldn't be issued drivers licenses and still are... I certainly don't think you should take guns away from old people, but a check in on them every once in a while with a psych eval or even a basic firearms test wouldn't be too extraordinary to ask.

Seems like he didn't have much trouble with basic firearms operation.

Katipan · 11-26-2013, 09:52 PM

Quote:

Originally Posted by Phobia

Seems like he didn't have much trouble with basic firearms operation.

I want a DMV kind of test.

"If you are sitting in your basement at night and kids come walking down the stairs do you...

A. Shoot to kill
B. Shoot to maim
C. Signal left

11-26-2013, 09:54 PM

Quote:

Originally Posted by Katipan

I want a DMV kind of test.

"If you are sitting in your basement at night and kids come walking down the stairs do you...

A. Shoot to kill
B. Shoot to maim
C. Signal left

It's people like you who cause our taxes to go up. Please commit a felony.

Katipan · 11-26-2013, 09:57 PM

Quote:

Originally Posted by Phobia

It's people like you who cause our taxes to go up. Please commit a felony.

It doesn't have to be expensive. Just make a website they all have to sign up with.

11-26-2013, 10:04 PM

Quote:

Originally Posted by Katipan

It doesn't have to be expensive. Just make a website they all have to sign up with.

Please. They already have drivers license tests and somehow Asian women still drive.

Katipan · 11-26-2013, 10:07 PM

Quote:

Originally Posted by Phobia

Please. They already have drivers license tests and somehow Asian women still drive.

Ouch.

You've got a point.

11-26-2013, 10:08 PM

HAHAHAHAHA - walked right into that one.

Katipan · 11-26-2013, 10:10 PM

Quote:

Originally Posted by Phobia

HAHAHAHAHA - walked right into that one.

I forget I'm asian sometimes. Usually when I'm around men I'm taller than.

TLO · 11-26-2013, 10:12 PM

Quote:

Originally Posted by Katipan

I want a DMV kind of test.

"If you are sitting in your basement at night and kids come walking down the stairs do you...

A. Shoot to kill
B. Shoot to maim
C. Signal left

11-26-2013, 10:31 PM

Quote:

Originally Posted by Katipan

I forget I'm asian sometimes. Usually when I'm around men I'm taller than.

Heh. I'll bet you're through dating musclebound gorillas.

**Shogun** · 11-26-2013, 10:34 PM

This would be no big deal back in the day. You enter somebodies home to steal from them, you get shot. Yeah yeah yeah, kids will be kids. But men will be men. You break into my house and and try to steal from me? Nope, sorry. Maybe the extra shot was excessive, maybe it wasn't. I wasn't there, and nobody was.

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
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11-26-2013, 10:08 PM	#311
Phobia Guest Casino cash: $	HAHAHAHAHA - walked right into that one.
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