News Minnesota man who killed teens in break-in charged with murder - Page 17

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

**lewdog** · 08-31-2013, 01:27 PM

Quote:

Originally Posted by BWillie

I could sue you for anything I want, doesnt mean ill be successful. There are cases where burglars or trespassers can sue for getting hurt on your property but its usually for having an attractive nuisance or a "TRAP" of some sort to lure them

I suppose just aim for one bullet to the head and you don't have to worry about someone saying you used excessive force or suing you if they live.

What this guy did was clearly excessive force but I can't imagine how enraged I would be if people broke into my house.

KCUnited · 08-31-2013, 01:27 PM

Too bad this didn't happen in Missouri or his lawyers could go with the at least it wasn't a deer defense.

Frazod · 08-31-2013, 01:29 PM

Quote:

Originally Posted by BWillie

I could sue you for anything I want, doesnt mean ill be successful. There are cases where burglars or trespassers can sue for getting hurt on your property but its usually for having an attractive nuisance or a "TRAP" of some sort to lure them

Sure, but you still have to shell out for a lawyer, and unless it's Your Cousin Vinnie, he won't represent you for free. Could still be life ruining.

BWillie · 08-31-2013, 01:30 PM

Glad this didnt happen in Texas. This guy is just a guilty as Joe Horn (case that happened in Texas where he was acquitted)

Frazod · 08-31-2013, 01:43 PM

Number of homes robbed by these pieces of ****ing dogshit since they got greased - ZERO.

rabblerouser · 08-31-2013, 02:10 PM

so much win!!

**Dave Lane** · 08-31-2013, 03:21 PM

Quote:

Originally Posted by aturnis

Good. What he did was murder kids. Protecting your property is one thing. Shooting a kid to the ground, then putting them down like an animal is another.

Hope he's dead soon.

He'll be dead soon one way or the other. That said hope he spends the last of his murdering life behind bars.

08-31-2013, 03:30 PM

I'm not shedding any tears for the kids. They were obviously trash. But this dude offed them. He should probably pay. But if he somehow gets over, I won't be too upset about that either.

Frazod · 08-31-2013, 03:38 PM

Quote:

Originally Posted by Dave Lane

He'll be dead soon one way or the other. That said hope he spends the last of his murdering life behind bars.

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

bricks · 08-31-2013, 03:40 PM

It doesn't sound like the homeowners life was in danger. The kids didn't try to attack him. He was waiting for them and he was the one who initiated the attack and executed them.

Can he really use self-defense as an excuse?

I can't see how his actions blend in or comply with Minnesota law.

08-31-2013, 03:43 PM

Quote:

Originally Posted by bricks

It doesn't sound like the homeowners life was in danger. The kids didn't try to attack him. He was waiting for them and he was the one who initiated the attack and executed them.

Can he really use self-defense as an excuse?

I can't see how his actions blend in or comply with Minnesota law.

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.

bricks · 08-31-2013, 03:53 PM

Quote:

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.

That's true. You gotta good point.

Im also in agreement with others on here in that he crossed the line by killing the two invaders. He could of handled this situation a lot better. Its just too bad.

08-31-2013, 03:58 PM

Quote:

Originally Posted by bricks

That's true. You gotta good point.

Im also in agreement with others on here in that he crossed the line by killing the two invaders. He could of handled this situation a lot better. Its just too bad.

I completely agree. It's difficult. I feel badly for the people presiding over this case up there. It's really a no-win.

Consistent1 · 08-31-2013, 03:59 PM

If you're 555, I'm 666

TLO · 08-31-2013, 07:40 PM

Quote:

Originally Posted by displacedinMN

Update Sept 30, 2013

LITTLE FALLS, Minn. - The man accused of killing two teenagers who broke into his Little Falls-area home on Thanksgiving Day is due in Morrison County District Court Friday for hearing at which he will challenge evidence against him.

An update from the future?

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
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08-31-2013, 01:27 PM	#242
KCUnited Cheat Death Join Date: Nov 2007 Location: Land of Drincoln Casino cash: $2178244	Too bad this didn't happen in Missouri or his lawyers could go with the at least it wasn't a deer defense.
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08-31-2013, 01:30 PM	#244
BWillie Future NBA Finals MVP Join Date: Apr 2006 Location: Earth Casino cash: $2321241	Glad this didnt happen in Texas. This guy is just a guilty as Joe Horn (case that happened in Texas where he was acquitted) __________________ Who wants free money? Use the link below to sign up at Bovada, BetOnline, Black Chip Poker and Ignition. Contact me for private deals, spot bonuses, possible rakeback or any questions! Bovada, Ignition, BetOnline, Black Chip Poker: baldeaglepoker.com Bovada Poker is back! Get up to $500 poker deposit bonus.
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08-31-2013, 01:43 PM	#245
Frazod WE ARE THE CHAMPIONS Join Date: Aug 2000 Casino cash: $3015085	Number of homes robbed by these pieces of ****ing dogshit since they got greased - ZERO.
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08-31-2013, 02:10 PM	#246
rabblerouser left blank intentionally Join Date: Oct 2012 Location: Belize Nuts Casino cash: $4664897	so much win!! __________________ MY ADOPT-A-CHIEF : Jody Fortson Jr.
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08-31-2013, 03:30 PM	#248
Phobia Guest Casino cash: $	I'm not shedding any tears for the kids. They were obviously trash. But this dude offed them. He should probably pay. But if he somehow gets over, I won't be too upset about that either.
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08-31-2013, 03:40 PM	#250
bricks Hey Teacher! Join Date: Feb 2004 Location: land of maple syrup Casino cash: $9902559	It doesn't sound like the homeowners life was in danger. The kids didn't try to attack him. He was waiting for them and he was the one who initiated the attack and executed them. Can he really use self-defense as an excuse? I can't see how his actions blend in or comply with Minnesota law.
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08-31-2013, 03:59 PM	#254
Consistent1 _____________ Join Date: Aug 2005 Casino cash: $10004900	If you're 555, I'm 666
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