BYRON SMITH MURDER TRIAL: Minnesota Teenagers Shot Dead During Break-In

[lbridgeland]

More & more people are arming themselves because of that. People need to be able to count on themselves & not the police.
[/quote]
Absolutely agree!! If and when our state passes concealed carry, I will be in line.

[SIXFOOTERsez]

More & more people are arming themselves because of that. People need to be able to count on themselves & not the police. [/i][/size]

Absolutely agree!! If and when our state passes concealed carry, I will be in line.


[/quote]

Yep, got to remember, when seconds count, the police are minutes away

[Sphincter Cop]

Minnesota Teens, Shot During Break-In, Tied to Earlier Burglary
ABC NEWS
By ALYSSA NEWCOMB (@alyssanewcomb)
Nov. 28, 2012

The Minnesota teens killed on Thanksgiving Day while breaking into a home have been linked to an earlier robbery, authorities said today.

Six bottles of prescription drugs and other items reported stolen Sunday from a home in Little Falls, Minn. were found in a red Mitsubishi Eclipse that was being driven by Haile Kifer, 18, and Nicholas Brady, 17, according to the Morrison County Sheriff's Office.

Sheriff Michel Wetzel said the night before the teens were shot to death, authorities responded to a report of a red car parked suspiciously at the end of a driveway in Little Falls Township.

Officers encountered Brady, who told them Kifer had gone to get gas after the teens ran out while driving around town. The car was left at the location and deputies gave Brady a ride to Little Falls, Wetzel said.

The next day, the teens allegedly broke into the home of Byron Smith, 64, and were shot to death.

Smith, who told police he had been burglarized in the past, admitted he fired "more shots than I needed," according to a criminal complaint. He was charged with two counts of second degree murder on Monday and has not yet entered a plea.

"If you're trying to shoot somebody and they laugh at you, you go again," he told police, according to the complaint.

As Kifer gasped for air, Smith dragged her body next to Brady's, according to the complaint, and placed a handgun under her chin and fired what he told police was a "good clean finishing shot" that went "under her chin up into the cranium."

Smith kept the bodies in his home overnight, police said, and called neighbors Friday, asking if they knew any lawyers. When the neighbors said they did not, Smith asked them to call authorities, according to the complaint. Police responded to the call Friday and Smith led them to the teens' bodies.


Sheriff Wetzel said, "A person has every right to defend themselves and their homes, even employing deadly force if necessary."

In this case, however, authorities said they believe Smith crossed the line.

Smith told police he was sitting in his basement Nov. 22 -- Thanksgiving Day -- when he heard a window break upstairs and then footsteps on, according to the complaint.

He first saw the feet, then the legs, then the hips of the intruder coming down the basement stairs. Smith said he believed he fired twice at Brady with a Ruger Mini-14 rifle, according to the complaint. Smith told police he then dragged the body on a tarp to his basement workshop.

Several minutes later, he told police, he heard more footsteps and waited until he saw Kifer's hips as she descended the staircase.

"After shooting the person, she tumbled down the steps," according to the complaint. "Smith stated that he tried to shoot her again with the Mini-14 but the gun jammed."

Smith told police Kifer laughed at him, describing it as a short laugh because she was in pain. But he said it "made him upset," the complaint said.

[Sphincter Cop]

'We'll never get answers': More than 400 gather for funeral of teens shot dead while stealing from man's basement on Thanksgiving

•Car driven by Nicholas Brady, 17, was spotted at Little Falls, Colorado - while its owner wasn't home - on the day before his death
•House was later found to have been robbed
•Brady was found dead on Friday alongside cousin Haile Kifer, 18
•Byron Smith, 64, charged with second-degree murder 'after telling police he shot more times than necessary because Kifer laughed when his gun jammed'

By Lydia Warren and Associated Press

More than 400 people gathered at a Minnesota church today for the joint funeral of two cousins who were shot to death on Thanksgiving while burglarizing a home.

The deaths of Little Fall teens Haile Kifer, 18, and Nicholas Brady, 17, have stunned the community, who have a lot of unanswered questions about the holiday tragedy.

Rodney Bartkowicz, who said he was a relative of the victims, told Minnesota Public Radio that he remembers Kifer and Brady as 'generally really good kids.

'I know there's a lot of anger right now because of everything that's happening," Bartkowicz said. "I know there's a lot of ... questions why it had to end up like it did. And I don't believe they'll ever really get a true answer, even in the courts.'

Before the burglary was discovered, deputies were called to the neighborhood because a red Mitsubishi Eclipse was spotted in the driveway of a home owned by Richard L. Johnson, Morrison County Sheriff Michel Wetzel said.

Nicholas Brady, 17, had been driving that car, although it wasn't registered to him. Deputies questioned him, but then let him go, Wetzel said.
A day later, Byron Smith shot and killed Brady and Brady's 18-year-old cousin, Haile Kifer, in the basement of his Little Falls home.

Smith told authorities that he disturbed the pair as they tried to break into his house and that he shot them in self-defense.

The same red Mitsubishi Eclipse was discovered Friday parked around the corner from Smith's property.'There are some preliminary indications that the Johnson burglary may have been committed by the Brady boy and the Kifer girl, but it's too early now to say definitively,' Wetzel said, adding that more information could be made available later today.

The Minneapolis StarTribune reported that Johnson, a retired high school teacher, had been in Spain and did not know his home had been burglarized until he returned to the home on Sunday.

Johnson told the paper that he reported several items stolen from his house, including less than $5 in pennies kept in a box on his dresser, silver and copper coins, and some prescription medication, including drugs for diabetes and controlling cholesterol.

Wetzel couldn't immediately say whether any of those missing items were found in Brady's car.

In addition, Johnson reported a sliding glass door that had been broken.


'I do know they found quite a bit of evidence in their vehicle that was parked near the Smith place,' the sheriff said late Tuesday. 'We're trying to investigate whether it might have come from the Johnson burglary.'

Smith, a retired U.S. State Department employee, was charged Monday with two counts of murder. According to the criminal complaint, Smith shot the teens multiple times. He told investigators his home had been broken into several times before.

Minnesota law gives homeowners the right to protect themselves and their property, but Wetzel said they don't have the right to execute an intruder once the threat is neutralized.

Johnson told the Star Tribune: 'The whole thing is very sad that they lost their lives. In the same instance, if they hadn't been breaking into houses, they'd be alive.'

Smith told authorities that he was in his basement last Thursday when he heard a window break upstairs.

Another break-in? A day before they were shot to death in Byron Smith's home, a car driven by Brady was spotted in the driveway of Richard L. Johnson's home in Little Falls

When he saw Brady on the basement stairwell, he fired at the teenager then shot him again in the face after he fell down. The complaint said Smith told an investigator: 'I want him dead.' Smith said he dragged Brady's body into his workshop. When Kifer came down the stairs, he shot her multiple times. He dragged her into the room and as she gasped for air, he fired what he described as a 'good clean finishing shot' under her chin 'up into the cranium,' the complaint said.

Yesterday, Smith admitted that he fired 'more shots than he needed to,' as friends and family of the dead teens expressed outrage over their deaths. On Monday, he was charged with second-degree murder and police revealed he told them he fired more shots than necessary after his gun jammed and Kifer laughed at him.

While Minnesota law stipulates people are allowed to use deadly force when defending their homes, relatives, friends, police and prosecutors claimed Smith reacted too drastically by killing them. 'A person has every right to defend themselves and their homes, even employing deadly force if necessary,' Morrison County Sheriff Michel Wetzel said. 'Circumstances of this case however, led deputies to believe that Smith went beyond that point.'

And as he was charged on Monday, his intentions to shoot the teens dead became clear. In a criminal complaint, Smith said he was in the basement of his home when he heard a window breaking and footsteps. Fearful of other recent break-ins, he shot Brady when he came into view.

When the teenager tumbled down the stars, Smith shot him in the face as he lay on the floor, looking up. 'I want him dead,' the complaint quoted Smith as telling an investigator. He dragged the body into his workshop and then sat in the chair, the complaint said. When Kifer began walking down the stairs, he shot her and she fell down the stairs.

He tried to shoot her again with his rifle, but the gun jammed and Kifer laughed at him, the complaint noted. 'If you're trying to shoot somebody and they laugh at you, you go again,' Smith, 64, told investigators, according to a criminal complaint filed Monday. He then shot her several times in the chest with a .22-caliber revolver, dragged her next to her cousin, and with as she gasped 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 acknowledged that he had fired 'more shots than (he) needed to'. Smith said he left the bodies in his home overnight before calling a neighbor to ask if he knew a good lawyer. He later asked the neighbor to contact police.

A prosecutor at Morrison County District Court on Monday morning called Smith's reaction 'appalling.'

Scene: Smith's home in Little Falls, MN has been burglarized eight times in recent years, his brother said

What a fucking dump, only the desperate would want to break into there!

[Duchess]

Does anyone else find it odd that a young girl (or anyone, really) would rush down stairs into a basement after hearing shots fired down there?

[Sphincter Cop]

Does anyone else find it odd that a young girl (or anyone, really) would rush down stairs into a basement after hearing shots fired down there?

Yes, and I have been waiting on why that has not been addressed!!!

[Midwest Spy]

I thought the same thing and then assumed she was outside waiting near the car. When he didn't return she went looking for Brady.

Or, it's as Zero speculated. He lured them to the basement and executed them, then staged the break-in. Theyre not alive to dispute anything he's said.

[Jimbone]

What a weird story... drugs are bad kids. Very bad. If they don't kill you, the bullets eventually will.

As to calling 9-1-1 when your house as been broken into, fuck that. Those seconds it takes to call are seconds lost in protecting yourself.

My philosophy is simple, there is an imaginary line that surrounds the outside perimeter of my house. If that line is crossed by someone breaking into the house in any way, they are there to harm me or my family. Period. I don't have time to ascertain if they intend to steal my TV, rape someone, or kidnap someone.

[HairOfTheDog]

Your philosophy is reasonable Jim, imo.

So, these two robbers have crossed your perimeter, you shoot 'em in your house, and they're down. No problem.

Now, are you gonna execute two teens while they're incapacitated, wait a day, seek a lawyer and then call police? Or, are you gonna call police immediately after you've taken control by incapacitating them and then let the law do its thing?

Smith chose option A. He's therefore a murderer, imo.

[username]

Your philosophy is reasonable Jim, imo.

So, these two robbers have crossed your perimeter, you shoot 'em in your house, and they're down. No problem.

Now, are you gonna execute two teens while they're incapacitated, wait a day, seek a lawyer and then call police? Or, are you gonna call police immediately after you've taken control by incapacitating them and then let the law do its thing?

Smith chose option A. He's therefore a murderer, imo.

Yep. That. He seemingly executed those kids. Fucker. I'd shoot somebody and train my gun on them but I wouldn't fire in to their chin because they laughed.

[Jimbone]

Yeah, this guy is a nut, that's why I thought the story was so weird. He's definitely a murderer in my book as well.

My use of force ends when someone has been incapacitated to the extent that they are no longer a threat, or has exited my home and is no longer a threat.

Given that I use a shotgun for home defense, it is not likely that someone will be exiting the house after they have chosen to break in

[HairOfTheDog]

Given that I use a shotgun for home defense, it is not likely that someone will be exiting the house after they have chosen to break in

Jesus Christ, Jim. How am I supposed to stalk and jump you with any confidence that I'll live to enjoy it?

[Jimbone]

Silly girl! You have an open invite, so you won't get shot.

You'll live, and I'll do my best to make sure you enjoy it

[HairOfTheDog]

Silly girl! You have an open invite, so you won't get shot.

You'll live, and I'll do my best to make sure you enjoy it

Okay, we're misbehaving in a crime forum thread. I blame you!

But, I appreciate you letting me live even though you're always armed. I can picture it now: "Is that a shotgun or are you just happy to see me, Jim?"

Back to behaving...

[Jimbone]

Okay, we're misbehaving in a crime forum thread. I blame you!

One of my favorite lines from some famous movies: "Oh James, you're incorrigible."

[Sphincter Cop]

Minn. attorney general denies request to prosecute Little Falls man

December 15, 2012
Curated by Liz O'Connell

Due to the unusually high number of murder cases over the last year, Morrison County Attorney Brian Middendorf was looking for assistance in prosecuting the most recent high-profile murder case.

The St. Cloud Times says the Minnesota Attorney General’s denied Middendorf’s request to prosecute 64-year-old Byron Smith accused of murdering 18-year-old Haile Kifer and 17-year-old Nicholas Brady after they broke into Smith’s home on Thanksgiving.

Middendorf tells the newspaper between 2007, when he became country attorney, and 2011, there were only three murder cases in the county. In the last 12 months, his office where he employs four attorneys, has seen nine murder-related cases.

A spokesperson for the attorney general says county prosecutors are well-positioned to handle the case given the evidence.

Smith asked for his bail set at $2 million to be reduced. A Monday hearing has been scheduled.

[Sphincter Cop]

12/18/12

Little Falls Shooter Released From Jail After Posting Bail

MINNEAPOLIS (WCCO) — The man who shot and killed two teenagers who entered his home has been released from prison, after posting bail Tuesday morning.

Sixty-four-year-old Byron Smith is accused of shooting Haile Kifer, 18, and Nick Brady, 17, after he says they broke into his home on Thanksgiving.

A source tells WCCO that Smith’s family had been working hard to come up with money after his bail was dramatically reduced.

Over the strong objection of prosecutors, Smith’s bail was reduced from a $1 million bond or $100,000 cash to $500,000 dollar bond or $50,000 cash.

If Smith went for the cash option, someone had to walk into the jail with $50,000 in bills. If he opted for the bond route, that involves a bail bondsman and someone putting up something for collateral.

Smith did agree to surrender his passport. His defense attorney will not comment where Smith will go now that he is released from jail.

Emotions are running very high in Little Falls after the details of how he repeatedly shot the teen intruders — even after, by his own admission, they were clearly disabled.

And the fact that this was all captured on his surveillance video has inflamed emotions further

[username]

Surveillance video?

[Sphincter Cop]

Surveillance video?

Yeah, I know.....shocked at that one. Wonder if it is set to music?

[username]

Huh. They said if he hadn't confessed the video/audio would have been a key piece of evidence.

A surveillance video found at the Little Falls home of Byron Smith shows teenagers Nick Brady and Haile Kifer outside Smith's house on Thanksgiving Day before the homeowner shot them to death after they broke in.

A digital audio recorder found in the house also had been running and "contained audio of the shooting," according to a search warrant filed in the murder case.

http://www.startribune.com/local/182840451.html?refer=y