News Minnesota man who killed teens in break-in charged with murder - Page 20

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.

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

**Saul Good** · 11-26-2013, 03:08 PM

Quote:

Originally Posted by Fish

I'm still really puzzled about why the girl would laugh at him, after already being shot multiple times.

She was on some pretty serious drugs.

Pablo · 11-26-2013, 03:11 PM

Quote:

Originally Posted by Saul Good

Yeah...the part where he executed them well after he was in any danger had nothing to do with it.

Don't want to be systematically executed??!!

Don't break into somebody's basement!!

**Easy 6** · 11-26-2013, 03:11 PM

Quote:

Originally Posted by Radar Chief

Yea, not so much in this case.
These kids didn’t die right way, they were injured but still breathing when he dragged them to the center of the basement floor and killed them execution style. He freely admitted as much which is the part of the police report the defense wants suppressed.

Leave it to Big Doody to come up with some bullshit, he-man take.

Eleazar · 11-26-2013, 03:11 PM

Seems like if you dont break into people's houses your chances of getting shot considerably decrease

Fish · 11-26-2013, 03:13 PM

Quote:

Originally Posted by Saul Good

She was on some pretty serious drugs.

According to who? I hadn't seen that..

Pablo · 11-26-2013, 03:15 PM

Quote:

Originally Posted by Cochise

Seems like if you dont break into people's houses your chances of getting shot considerably decrease

Original thought.

That's all this guy was doing. Just shooting a couple of home intruders because he feared for his life.

**Predarat** · 11-26-2013, 03:37 PM

He shot a crack whore intruder, just to watch her die. When he gets thrown into the St Paul Prison, hes going to hang his head and cry. *GuitarRiff*

**Rain Man** · 11-26-2013, 03:44 PM

Quote:

Originally Posted by Saul Good

Yeah...the part where he executed them well after he was in any danger had nothing to do with it.

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.

Lex Luthor · 11-26-2013, 04:03 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.

I hear what you're saying. Not sure that gives you the right to execute them.

DJ's left nut · 11-26-2013, 04:06 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.

Alas, the rules on self defense require that you be in fear of imminent bodily harm.

Concern that someone would break out of jail, come back to your house and exact revenge for you shooting them in the break in do not qualify as imminent.

The guy murdered at least one of them. Frankly, I think you could get 2 counts to stick if you worked at it.

**TinyEvel** · 11-26-2013, 04:34 PM

You guys need to stop playing armchair judge and get to the heart of the issue.

We have to determine what to ban. Ban basements? A good start. Ban Cousins? Possibly. Ban being old? I like the thought until I'm 62. Ban laughing? Maybe.

displacedinMN · 11-26-2013, 04:37 PM

Quote:

Originally Posted by TinyEvel

You guys need to stop playing armchair judge and get to the heart of the issue.

We have to determine what to ban. Ban basements? A good start. Ban Cousins? Possibly. Ban being old? I like the thought until I'm 62. Ban laughing? Maybe.

Tiny evel-love the pic of the tiny Evel. Classic.

DJ's left nut · 11-26-2013, 04:41 PM

Quote:

Originally Posted by TinyEvel

You guys need to stop playing armchair judge and get to the heart of the issue.

We have to determine what to ban. Ban basements? A good start. Ban Cousins? Possibly. Ban being old? I like the thought until I'm 62. Ban laughing? Maybe.

I hate big...uh...something?

**Rain Man** · 11-26-2013, 04:42 PM

Quote:

Originally Posted by DJ's left nut

Alas, the rules on self defense require that you be in fear of imminent bodily harm.

Concern that someone would break out of jail, come back to your house and exact revenge for you shooting them in the break in do not qualify as imminent.

The guy murdered at least one of them. Frankly, I think you could get 2 counts to stick if you worked at it.

Quote:

Originally Posted by Brainiac

I hear what you're saying. Not sure that gives you the right to execute them.

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.

suzzer99 · 11-26-2013, 06:42 PM

No on involved was black - which is why this isn't in the DC forum.

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

11-26-2013, 03:11 PM	#289
Eleazar Beyond the Rapids Join Date: May 2003 Location: Langley, VA Casino cash: $-370000	Seems like if you dont break into people's houses your chances of getting shot considerably decrease
Posts: 80,659

11-26-2013, 03:37 PM	#292
Predarat Run Chiefs fans, run!! Join Date: Oct 2004 Location: Nashville, TN Casino cash: $9973863	He shot a crack whore intruder, just to watch her die. When he gets thrown into the St Paul Prison, hes going to hang his head and cry. GuitarRiff
Posts: 10,776

11-26-2013, 04:34 PM	#296
TinyEvel Just a li'l Evel Join Date: Sep 2005 Location: Bald. Goatee. Jorts. Casino cash: $5387131	You guys need to stop playing armchair judge and get to the heart of the issue. We have to determine what to ban. Ban basements? A good start. Ban Cousins? Possibly. Ban being old? I like the thought until I'm 62. Ban laughing? Maybe.
Posts: 11,811

11-26-2013, 06:42 PM	#300
suzzer99 In Search of a Life Join Date: Jan 2010 Location: L.A. Casino cash: $2934284	No on involved was black - which is why this isn't in the DC forum.
Posts: 27,274