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

[stonedstooge]

Shocked that he passed a mental evaluation if they gave him one

[aturnis]

Originally Posted by Consistent1

If you're 555, I'm 666

How's it feel to be a heretic?

[Earthling]

The kids took a gamble and paid with their lives. I don't fault anyone for protecting their home. At the same time, because of the way he did it, I would not be opposed to beheading the SOB and if I'm the girls dad I am praying that they release him.

[mcan]

Yeah, if we lived in a state of nature, I might have some sympathy for the old dude. People break into your house, you have every right to defend yourself and your property.

But we don't live in a state of nature. You have an obligation to yourself to protect your home and your safety, but you do NOT have authority to punish these kids. You gave that up by living in America. Any force used passed what is absolutely necessary is vigilante justice and that makes you a CRIMINAL. And this is so far passed the line that I would call the guy a heinous criminal.

[Skyy God]

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.

a) that's not a real law anywhere.

b) what's the evidence these particular kids did a prior break-in (at the shooter's house)?

[Skyy God]

Originally Posted by LOCOChief

If anyone unknown to me or my family breaks a window and enters my home I will execute them. This is sad and it's wrong that he waited to call the police which brings into question his entire account of events. But plenty of innocent people / families have been murdered in thier own homes by intruders. I think even if I was protecting my family and put in a position where I had to kill somone I would regret it the rest of my life but I wouldn't hesitate even one moment and always shoot to kill.

Enjoy the 3 hots, cot, and unlimited rape!

Actually, you'd prolly be ok. I used to date a forensic analyst for the Highway Patrol. Most cops are apparently shit at collecting evidence, and I doubt they'd uncover evidence of your hypothetical execution.

[notorious]

Has anyone figured out what is going on with his eyes?

[Skyy God]

Originally Posted by notorious

Has anyone figured out what is going on with his eyes?

Cataracts?

[Predarat]

Originally Posted by frazod

I hope he beats the rap, just so we get to hear all you gushing vaginas cry about it some more.

+1 that would be too cool especially all the ones on twitter too saying they are going to move out of the USA lol.

Originally Posted by Cave Johnson

a) that's not a real law anywhere.

b) what's the evidence these particular kids did a prior break-in (at the shooter's house)?

Never said it was a law. Though, killing intruders in Texas is pretty kosher. I wasn't aware I had to present evidence. Every report I've read indicated there were multiple breakins by those kids but yeah... I didn't gather the evidence to prove it on CP. My bad.

Originally Posted by Cave Johnson

a) that's not a real law anywhere.

b) what's the evidence these particular kids did a prior break-in (at the shooter's house)?

Never said it was a law. Though, killing intruders in Texas is pretty kosher. I wasn't aware I had to present evidence. Every report I've read indicated there were multiple breakins by those kids but yeah... I didn't gather the evidence to prove it on CP. My bad.

[Predarat]

In Tennessee we have the "Han Solo Law" where its totally OK to shoot first at a home invader.

[displacedinMN]

update

POSTED: 11/25/2013 03:30:43 PM CST | UPDATED: 15 MIN. AGO


Byron Smith
LITTLE FALLS, Minn.—A judge has declined to dismiss a first-degree murder indictment against a Minnesota man accused of shooting two teens breaking into his house.
Byron David Smith, 64, is accused in the shooting deaths of Haile Kifer, 18, and her cousin Nick Brady, 16. A criminal complaint said Smith shot the teenagers several times as they walked down his basement stairs last Thanksgiving.

Smith's attorneys had argued that prosecutors made mistakes in presenting their case to the grand jury. They also argued that statements he made to police at the scene should be suppressed.

Judge Douglas P. Anderson denied the motions late Friday, the Star Tribune reported (http://strib.mn/1ekKhBq).

[Dayze]

Originally Posted by displacedinMN

update

POSTED: 11/25/2013 03:30:43 PM CST | UPDATED: 15 MIN. AGO


Byron Smith
LITTLE FALLS, Minn.—A judge has declined to dismiss a first-degree murder indictment against a Minnesota man accused of shooting two teens breaking into his house.
Byron David Smith, 64, is accused in the shooting deaths of Haile Kifer, 18, and her cousin Nick Brady, 16. A criminal complaint said Smith shot the teenagers several times as they walked down his basement stairs last Thanksgiving.

Smith's attorneys had argued that prosecutors made mistakes in presenting their case to the grand jury. They also argued that statements he made to police at the scene should be suppressed.

Judge Douglas P. Anderson denied the motions late Friday, the Star Tribune reported (http://strib.mn/1ekKhBq).

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.

[BIG_DADDY]

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.

Absolutely. The only reason this hasn't been dropped is it's an old crusty shooting kids. DA's suck.