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Old 11-27-2012, 04:56 PM  
NIUhuskies NIUhuskies is offline
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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.
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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





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Old 02-07-2013, 06:37 AM   #136
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wow, Some of you mother****ers posting in here are just as batshit insane as the guy shooting people just cause you want them dead. lol At least it sounds like it.

Its like being in a ****ing fight and someone hits you for no reason and you get up and kick his ass but you just keep going and going til he's dead. There is no difference, you as a human should know when enough is enough.
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Old 02-07-2013, 06:56 AM   #137
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Quote:
Originally Posted by Aries Walker View Post
No, you should not. Threaten, attack, defeat, repel, neutralize, sure - but once that intruder is no longer a threat (say, because they're lying, bleeding on the floor from multiple gunshot wounds), you cannot gangland-style bullet-through-the-cranium execute anyone.
Agree to disagree then.
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Old 02-07-2013, 07:12 AM   #138
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Quote:
Originally Posted by kcfanXIII View Post
i don't understand the murder charges. those teens gave up their rights when they broke into a home that wasn't theirs.

edit: i do agree he screwed up by not calling police immediately, and he handled it wrong. the executions may have been over the line.

Gee, really? Why, do you think?
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Old 02-07-2013, 07:15 AM   #139
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Quote:
Originally Posted by jspchief View Post
You should be able to execute an intruder in your own home.

That is seriously ****ed up.
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Old 02-07-2013, 07:21 AM   #140
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You don't have the right to EXECUTE someone. If you kill them in the process of defending yourself or your property, I have no problem with that. But damn, this is sick psycho serial killer shit. I think the old man's cheese has slipped off the cracker for sure, but I can't understand how anyone can justify the execution.

I get that the kids should not have been doing what they were doing, but this is beyond self defense. Hell, it's beyond revenge. This is just sick twisted shit.
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Old 02-07-2013, 08:07 AM   #141
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In Florida, there is a rule called the Castle Doctrine that says there is implied intent to inflict harm when someone breaks into your home. However, the use of deadly force is only justified if the homeowner's life was in danger of imminent great bodily harm or death. Once those teenagers hit the ground the imminent danger of great bodily harm or death ended.
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Old 02-07-2013, 08:23 AM   #142
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If they can prove he shot them execution-style, he is done.


This is similar to a story I heard in CCL class from a Wichita Detective. A store owner had been robbed many times, and he finally armed himself. The next time a robbery was attempted, he shot the perp.

He was still in the right until he walked around his counter and fired a shot into the scumbag's head. The store owner is now serving time for murder.

The kicker: His own store video showed the whole thing.
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Old 02-07-2013, 08:26 AM   #143
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Now fry him and all three are out of the gene pool......win, win, win
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Old 02-07-2013, 08:29 AM   #144
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If you break into my home, I'll shoot you with a .45. You'll be dead, cause you are not coming back to my home. The only thing you need do to avoid this is to stay the **** outta my house uninvited.
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Old 02-07-2013, 08:31 AM   #145
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Quote:
Originally Posted by notorious View Post
If they can prove he shot them execution-style, he is done.
I think he pretty much came right out and said he did, and seemed proud of it.
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Old 02-07-2013, 08:33 AM   #146
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I think he pretty much came right out and said he did, and seemed proud of it.
yep...old bastard's crazy, which i honestly think is the best thing he's got going for him right now.
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Old 02-07-2013, 08:35 AM   #147
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Quote:
Originally Posted by notorious View Post
If they can prove he shot them execution-style, he is done.


This is similar to a story I heard in CCL class from a Wichita Detective. A store owner had been robbed many times, and he finally armed himself. The next time a robbery was attempted, he shot the perp.

He was still in the right until he walked around his counter and fired a shot into the scumbag's head. The store owner is now serving time for murder.

The kicker: His own store video showed the whole thing.
These people need to spend more time at the range and learn to double tap!

To society in general, there is a very real difference between killing someone in self defense, and leaning over a defenseless asshole and shooting him point blank in the head.
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Old 02-07-2013, 08:52 AM   #148
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Killing a defenseless person is murder.

He's a murderer and should be punished accordingly.
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Old 02-07-2013, 08:53 AM   #149
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Quote:
Originally Posted by jspchief View Post
Agree to disagree then.
Then you disagree with the law.

Killing a defenseless person is murder. Always.

The whole 'defenseless' throws a wrench in the 'self defense' argument.
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Old 02-07-2013, 09:04 AM   #150
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Quote:
Originally Posted by WhiteWhale View Post
Killing a defenseless person is murder.

He's a murderer and should be punished accordingly.
What if he had killed them with only one shot? So you don't agree with protecting yourself from a burglar?
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