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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 11-27-2012, 05:37 PM   #31
NIUhuskies NIUhuskies is offline
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Quote:
Originally Posted by Literature View Post
Who gets shot and then laughs moments later because the second shot was jammed?
especially an 18 year old girl???? thats just bizarre
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Old 11-27-2012, 05:37 PM   #32
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Don't kid yourself. There are limits to what you can do to protect your property.
depends on the state, on whether there is a flight before fight clause in the castle doctrine adopted by the state you are residing in. missouri's is far more favorable to the resident, we don't have to prove the intruder a threat.
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Old 11-27-2012, 05:37 PM   #33
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The outcome is good - two less criminals in the world - but he probably could've handled it a little better.
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Old 11-27-2012, 05:38 PM   #34
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Quote:
Originally Posted by Literature View Post
Who gets shot and then laughs moments later because the second shot was jammed?

She was probably high on marijuana.
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Old 11-27-2012, 05:39 PM   #35
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Old 11-27-2012, 05:40 PM   #36
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damn, he's clearly lost a few marbles, but do you all think he deseves the same murder sentencing as someone who breaks into a house and executes the residents?

what about compared to a drunk driver that hits and kills two teenagers in a car accident. Is this more, equal or less disturbing?
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Old 11-27-2012, 05:40 PM   #37
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Who gets shot and then laughs moments later because the second shot was jammed?
Shrug. It's possible. Ever get punched in the face and then laugh about it because you don't want the other person having the gratification from knowing they hurt you?

I have. It's usually followed up with a "you hit like a bitch".
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Old 11-27-2012, 05:40 PM   #38
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The outcome is not good. One less slutty vagina in the world
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Old 11-27-2012, 05:41 PM   #39
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what about compared to a drunk driver that hits and kills two teenagers in a car accident. Is this more, equal or less disturbing?
Aside from the whole cold-blooded grabbing another gun when the first one jammed to fire a few execution shots into a person?
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Old 11-27-2012, 05:43 PM   #40
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Aside from the whole cold-blooded grabbing another gun when the first one jammed to fire a few execution shots into a person?
so you rate it "more disturbing"? I was only asking

maybe he thought he would end her suffering
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Old 11-27-2012, 05:48 PM   #41
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maybe he thought he would end her suffering
Lol.

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Old 11-27-2012, 05:50 PM   #42
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Lol.

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I wish I could blame CP alone for the warping, but alas
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Old 11-27-2012, 05:59 PM   #43
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He shot them when there legs/hips came into view as they were coming down the stairs. My guess is he didn't want to wait for a body/head shot in case they were armed (he was robbed of two guns a month prior, probably the same kids).
Now that could work in court.

If he still felt threatened, he is within his right.


What he told the cops is going to sink him.
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Old 11-27-2012, 06:02 PM   #44
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there has to be more to this story
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Old 11-27-2012, 06:03 PM   #45
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Gross. I understand the right to defend yourself but executing incapacitated / wounded teenagers is wrong period. Rot in prison.
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