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

[notorious]

He recorded it?


Fry this **** already. JFC

[displacedinMN]

KARE 11

LITTLE FALLS, Minn. - A medical examiner says an 18-year-old woman was intoxicated on cough syrup when she and her cousin were fatally shot after breaking into a Minnesota man's home.

Dr. Kelly Mills with the Ramsey County Medical Examiner's Office testified Thursday at the murder trial of 65-year-old Byron Smith. Smith is charged with first-degree premeditated murder in the deaths of 18-year-old Haile (HAY'-lee) Kifer and 17-year-old Nick Brady on Thanksgiving Day 2012.

Under cross-examination by the defense, Mills said Kifer had an ingredient from cough medicine in her system at a level that would make her intoxicated. Mills said the drug can cause hallucinations, disassociation and an out-of-body experience.

Mills says Brady had no drugs or alcohol in his system.

Smith claims self-defense after several break-ins at his home.

Kifer and Brady were shot a total of nine times, with some shots coming from close range.

Smith claims he was defending himself and feared for his life after several break-ins at his home.

Under Minnesota law, a person may use deadly force to prevent a felony from taking place in one's home or dwelling, but authorities have said Smith crossed a line when he continued to shoot the teens after they were no longer a threat. Prosecutors also say Smith planned the killings. They say he sat in a chair in his basement and waited for the teens to enter his home, instead of calling police.

Dr. Kelly Mills with the Ramsey County Medical Examiner's Office testified that Brady was shot three times, Kifer six times. The final shot to Brady, which went through his hand and into his right temple, was the "most immediate fatal," Mills said. She described it as a close-range shot.

Kifer also was shot in the head at close range, Mills testified. She said the shot that killed Kifer, the fifth fired by Smith, was a close-range shot behind her left ear.

Mills also said Brady tested negative for drugs and alcohol. Kifer's toxicology tests showed the presence of a substance in cough medicine, as well as a marijuana metabolite that Mills says had no hallucinogenic effects. The question of possible drug use became an issue after the killings as Smith's friends claimed the teens were high on drugs, and authorities said a car linked to Brady and Kifer contained prescription drugs that had been stolen from another house. However, the drugs won't be allowed as evidence in court.

Defense attorneys were expected to cross-examine Mills on Thursday afternoon.

The killings stunned Little Falls, a central Minnesota community of 8,000, and stirred debate about how far people can go to defend their homes.

Earlier this week, prosecutors played for jurors an audio recording Smith made of the shootings. The tape was presented to jurors as a sequence of events, but defense attorneys raised questions about the recording on cross-examination, noting it had been spliced and altered, and some key pieces of information were left out.

[Al Bundy]

In that picture she does have the face of a hard core drug user.

[Jimmya]

Both sides screwed up. It will depend on what kind of jurors were chosen.

[Valiant]

Originally Posted by Jimmya

Both sides screwed up. It will depend on what kind of jurors were chosen.

Like I said. Criminals killing criminals. If he does not have family, leave him in prison. The guy snapped from all the break ins and took it out on the young robbers to get over his anger. I would say multiple manslaughter charges, but I do not see him getting out if a psych tests him. If the recordings are accurate, his reality is too altered to let him out. Especially since he will become a target by the young criminals friends for revenge if he gets out and now it would be illegal for him to have a firearm.

Any backstory on why those kids chose that place? Broke in before? Friends robbed it before?

And has crime of burglaries/break ins dropped since this incident?

[Anyong Bluth]

Originally Posted by Mr. Laz

Yea, not sure how it can be premeditated when the teens are the ones who chose to break into the house. The teens chose the house and the time.

Old guy was premeditated in his intent to defend his house ......

The gun jamming / switching guns technically is more than enough passage of time to fulfill the standard for premeditated in majority of jurisdictions.

Hanging Murder 2 on him is simply want to lock in a probable guilty verdict - and technically based on the circumstantial they're overcharging him in the event a plea is reached.

This way if it gets plead down it will be to what the DA was satisfied with from the moment the file hit his desk.
Voluntary Manslaughter - 2 counts, and given his age to run concurrently instead of consecutively. Possible parole if squeaky clean inside in 10 years- if he's still alive.

[Anyong Bluth]

Reading the updates and MN law.

Dude's touched in the head.

Most states have equal force self defense. Basically just because someone punches you doesn't give you the right to use deadly force unless your state of mind and the facts show you were in mortal danger. Also why stand your ground is about as logical as getting a kick out of watching 2 monkeys tossing shit at each other and thinking the best place to watch it is between the two of them.

Minnesota law really shields him - breaking in under cover of night steps it up to a felony : Burglary.

There's plenty of charges on the books to get him locked up for the remainder of his years. The additional excess force and failure to notify, etc... etc...

In the limited info I've seen presented, black and white of it is no murder charges should have been filed - like I said plenty to charge him with otherwise- except community and media reaction trumps this happening.

Clearly the guy is a twisted sick ****, but if this was 100 years ago would anyone bat an eye or give it much talk after the initial few weeks...

[Jimmya]

Some of the lawyers in TV said the dude has a 50/50 shot of getting off.

[Predarat]

He probably deserves some time but in a way I hope he gets off scott free. A clear message needs to be sent to all home invaders, you invade someones home, you might get killed. Home invasions happen all too often and many of them are terrifying and fatal to innocent victims. Also the punishment for Home Invaders needs to be harsher when they do get caught. Many times it seems they get let out of prison way too soon and are out doing it again. Had the police, prosecution and justice system done its job properly on the first break ins these thugs committed this would not have happened.

[notorious]

It's Okay to execute a person now?


A Wichita business owner got murder for executing an armed invader in his store. The media is just trying to drum up emotion. He isn't going to walk.

[Predarat]

Originally Posted by notorious

It's Okay to execute a person now?


A Wichita business owner got murder for executing an armed invader in his store. The media is just trying to drum up emotion. He isn't going to walk.

That sucks, that is a huge problem and that ruling will only continue the escalation of violent criminal behavior. If there was an armed invader in a store, its not 'executing' its defense. What was he supposed to do, provide the armed robber cookies and kool aide?

[notorious]

Originally Posted by Predarat

That sucks, that is a huge problem and that ruling will only continue the escalation of violent criminal behavior. If there was an armed invader in a store, its not 'executing' its defense. What was he supposed to do, provide the armed robber cookies and kool aide?

The owner shot him, he was down, the owner reloaded his gun and walked around the counter and gave him a head shot on camera.

By reloading it proved to the Jury/Judge that he had calculated his next move which signified murder.


Even our CCL teacher (retired detective from Wichita) shook his head while telling the story.

[Anyong Bluth]

Originally Posted by Predarat

He probably deserves some time but in a way I hope he gets off scott free. A clear message needs to be sent to all home invaders, you invade someones home, you might get killed. Home invasions happen all too often and many of them are terrifying and fatal to innocent victims. Also the punishment for Home Invaders needs to be harsher when they do get caught. Many times it seems they get let out of prison way too soon and are out doing it again. Had the police, prosecution and justice system done its job properly on the first break ins these thugs committed this would not have happened.

Are you talking in hypothetical ?

You realize advocating for killing on sight means you're escalating aggression and violence. Thieves will come armed that otherwise wouldn't if they anticipate this scenario. Obviously they have no business breaking in to begin with, but the goal shouldn't be to escalate more violence. I gladly will surrender my possession if it means I don't lose a loved one or my life.


They get out because we have overrun prisons for stupid drug offenses. More than any other in the world - including China with an authoritarian government and over 4 times our population.

[notorious]

Originally Posted by Anyong Bluth

Are you talking in hypothetical ?

You realize advocating for killing on sight means you're escalating aggression and violence. Thieves will come armed that otherwise wouldn't if they anticipate this scenario. Obviously they have no business breaking in to begin with, but the goal shouldn't be to escalate more violence. I gladly will surrender my possession if it means I don't lose a loved one or my life.


They get out because we have overrun prisons for stupid drug offenses. More than any other in the world - including China with an authoritarian government and over 4 times our population.

Disagree.

Having armed home owners will deter invasion.

If criminal pieces of shit are going to go in armed they will whether or not the owner has a gun.

[Anyong Bluth]

Originally Posted by notorious

Disagree.

Having armed home owners will deter invasion.

If criminal pieces of shit are going to go in armed they will whether or not the owner has a gun.

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.