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

[Radar Chief]

Originally Posted by ForeverChiefs58

So, he shot the girl first in upperbody, then several times in chest, once in eye, once in head behind ear...and she was still gasping before final kill shot under chin that left her doing "death shakes".

That doesn't sound like a very powerful gun at all. Sounds like it was a pellet rifle

.22 LR. Actually sounds about right.

[Jimmya]

For a 22....that does sound about right.

[Omaha]

Originally Posted by Tombstone RJ

I love how the news agency says he killed two teens "who entered his home..." um, nope. They broke in.

The guy was pretty cold blooded but he had every right to defend himself and his property. He's old and he was tired of being robbed and obviously, the authorities couldn't do anything to stop the break ins. Did the kids deserve to die? I really don't think so but I do think it's silly to charge the old guy with premeditated murder and turn the real criminals into some kind of innocent victoms.

1. At some point, he was no longer defending himself. He took the law into his own hands.

2. Being old & tired of being robbed, although completely understandable, does not justify murdering someone who is no longer a threat.

3. At no point in the history of the world has anyone suggested that these teens were "innocent victims."

[Omaha]

Originally Posted by Tombstone RJ

I bet it gets pleaded down to something like manslaughter. The old guy will end up in jail one way or another and it's too bad. It's too bad these idiot teens died and it's too bad this old guy was so robotic in his method of protecting himself.

The teens should be in jail. That can't happen because this ****er decided to play judge, jury, & executioner.

[Omaha]

Originally Posted by aturnis

Once he shot them each a first time, incapacitating them, and them being unarmed, he had successfully defended his life and property with no threat left to himself. Anything that happened after the first incapacitating shot was murder.

You can ARGUE that he didn't, but that would likely just mean you're a disgusting human being who is also wrong.

Throw the book at him.

This.

[Tombstone RJ]

Originally Posted by Omaha

The teens should be in jail. That can't happen because this ****er decided to play judge, jury, & executioner.

I noticed you conviniently ignored my post #326.

[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.

[notorious]

Originally Posted by FishingRod

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.

And brag about it. This guy is ****ed in the head.

[Omaha]

Originally Posted by Tombstone RJ

I noticed you conviniently ignored my post #326.

Originally Posted by Tombstone RJ

Here's the definition of premeditated murder: Premeditated murder is the crime of wrongfully and intentionally causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.

I don't think you can say he "wrongfully" killed these robbers when they had broken into his house several times. Again, these are not "innocent" victims. I also think that you can question his ability to rationally think through what he was doing being that he was tired of being a victim and he was scared. Finally, he never concealed what he did, in fact, he's fully confessed all his actions. Just because everyone doesn't agree with his actions or his methodology, does not make him a first degree murderer IMHO.

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.

[Lzen]

I think if I were on that jury I would have a hard time convicting him of murder. Maybe manslaughter. Maybe.

[FishingRod]

did not notice how old this post was. Any follow up in the last couple years?

[WhawhaWhat]

Originally Posted by FishingRod

did not notice how old this post was. Any follow up in the last couple years?

http://work.chiefsplanet.com/BB/show...&postcount=319

http://work.chiefsplanet.com/BB/show...&postcount=325

[Mr. Laz]

Originally Posted by ForeverChiefs58

Jurors might find the idea of ambushing people breaking into your house silly sounding.

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 ......

[Tombstone RJ]

Originally Posted by Lzen

I think if I were on that jury I would have a hard time convicting him of murder. Maybe manslaughter. Maybe.

this, and this has been my point from the beginning.

[FishingRod]

Originally Posted by WhawhaWhat

http://work.chiefsplanet.com/BB/show...&postcount=319

http://work.chiefsplanet.com/BB/show...&postcount=325

Thanks