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

[Tombstone RJ]

Originally Posted by Omaha

Sorry. I wasn't sure if you were serious with this one. The sentence in bold is so stupid I thought you might have typed it to be sarcastic. Obviously, being frustrated by repeated burglaries does not give anyone the authority to murder the burglar so murdering a burglar would absolutely be "wrongfully killing" unless it can be argued that it was done in self defense, which it clearly cannot.

You even typed the definition of premeditated murder FFS. The girl was full of bullet holes and he went to get another gun to finish the job.

You are the only one who has ever used the word innocent to describe the teens so I don't know why you keep arguing that they are not innocent.

the point is that premeditated murder's definition entials wrongfully killing someone, which can be argued, and it also says something about rational consideration which can be argued too because being a victim of multiple crimes can make someone irrational.

[ForeverChiefs58]

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 ......

Yeah I think he goes free too.

I know a guy who has hollow tip bullets and know of others who have lethal traps should someone chose the wrong house. I suppose some would think the bad guys fate would be harsh afterwards.

Very difficult to feel any sympathy for the unfortunate idiot who chooses the wrong person to mess with.

[SAUTO]

his thanksgiving was ruined so he didn't call to report it because he didn't want to ruin someone elses.

[Eleazar]

Originally Posted by ForeverChiefs58

Yeah I think he goes free too.

I know a guy who has hollow tip bullets and know of others who have lethal traps should someone chose the wrong house. I suppose some would think the bad guys fate would be harsh afterwards.

Very difficult to feel any sympathy for the unfortunate idiot who chooses the wrong person to mess with.

Hollowpoints are the best choice for home defense, because they are far less likely to overpenetrate.

[ForeverChiefs58]

Originally Posted by Cochise

Hollowpoints are the best choice for home defense, because they are far less likely to overpenetrate.

And you don't have to be that great a shot. Shot to the arm dismembers that arm from being a problem again

[ForeverChiefs58]

Originally Posted by JASONSAUTO

his thanksgiving was ruined so he didn't call to report it because he didn't want to ruin someone elses.

His lawyer, "...You see how thoughtful and kind he is to think of others even at a time like this"

[Eleazar]

Originally Posted by ForeverChiefs58

And you don't have to be that great a shot. Shot to the arm dismembers that arm from being a problem again

Getting hit with a ball round is not going to have you doing pushups afterward either.

[Prison Bitch]

Just tell the old coot that the state is going to take him to an abandoned corn field and given a shovel to dig his own grave. Then, the state will be sure to put a gun under his chin for a nice, clean finish.

[Valiant]

bad buys killing bad guys.

Death Wish 6.

[ptlyon]

"I've sentenced boys your age to the electric chair. Didn't want to do it... Felt, I owed it to them."

[Omaha]

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 ......

When he went to get another gun with the intent to finish off the teenage girl who was on the ground, incapacitated, and full of bullet holes, it is premeditated murder. WTF are you missing about that? He's no longer in danger. He's no longer defending his house.

[Rain Man]

Originally Posted by FishingRod

I can’t recall ever thinking the homeowner and victim of a burglary should have repercussions because the criminal died. Had he just repeatedly shot them to make sure there was no longer a threat I wouldn’t have an issue. When someone is incapacitated with multiple gunshot wounds and you go put a bullet in their head to finish them off… I can’t stick up for the guy.

Yeah, that was his mistake. You don't place and talk about a "finishing shot". You just keep shooting randomly until the criminal dies, and then you testify that they were a threat. Then everyone's a winner.

I understand the legal argument against what this guy did. If I'm on the jury, I'd let him walk or I'd negotiate with the other jurors to give him a littering ticket or a citation for improper disposal of human remains. I have no sympathy for criminals. If you break into a house, there's a chance that you're going to encounter a guy like this, and criminals should bear that risk. As far as I can tell, this guy was no threat to anyone who wasn't invading his home.

[Rain Man]

Originally Posted by Omaha

When he went to get another gun with the intent to finish off the teenage girl who was on the ground, incapacitated, and full of bullet holes, it is premeditated murder. WTF are you missing about that? He's no longer in danger. He's no longer defending his house.

If I'm on the jury, I recognize the fear that she'll get sent to the hospital, heal up at taxpayer expense (that last part was just an insult), and then come back with a gun to get revenge on the death of her pimp or whatever (that was also an insult - I don't like criminals). She's a repeat criminal who was an imminent and long-term threat to his safety.

I understand your logic and suspect that you're legally right. However, I think the jury does the right thing on this one as long as the defense attorneys cut this guy's hair and put a suit on him.

[Omaha]

Originally Posted by Tombstone RJ

the point is that premeditated murder's definition entials wrongfully killing someone, which can be argued, and it also says something about rational consideration which can be argued too because being a victim of multiple crimes can make someone irrational.

No. You cannot argue that. Not without sounding like an idiot.

And you are misinterpreting the definition if you think that behaving irrationally is an acceptable defense for murdering someone.

If you are trolling, well done. You got me. If not,

[Radar Chief]

Originally Posted by Omaha

No. You cannot argue that. Not without sounding like an idiot.

And you are misinterpreting the definition if you think that behaving irrationally is an acceptable defense for murdering someone.

If you are trolling, well done. You got me. If not,

He's not saying the guy is innocent of murder, he's arguing the difference between man slaughter and murder 1.
Personally I disagree, moving the incapacitated intruders around to “finish them off” seems a pretty clear indication of premeditation to me. I'm just not going to get worked up over it and will wait to see what the jury decides.