If this had happened 60 yrs ago the guy would not even have to post bail. Times change. 50 yrs from now jail may be the safest place to be.

(01-02-2013, 10:37 PM)Maggot Wrote: If this had happened 60 yrs ago the guy would not even have to post bail. Times change. 50 yrs from now jail may be the safest place to be.

Oh c'mon. You think he had the right to shoot them beyond the point that they were obviously incapacitated?

(01-02-2013, 10:41 PM)username Wrote:

(01-02-2013, 10:37 PM)Maggot Wrote: If this had happened 60 yrs ago the guy would not even have to post bail. Times change. 50 yrs from now jail may be the safest place to be.

Oh c'mon. You think he had the right to shoot them beyond the point that they were obviously incapacitated?

Old people can be pushed only so far then an entire lifetime of aggravation jumps up. They really have nothing to lose. Its not right but its the ugly truth. Those punks just thought it would be easy. If it does anything it will make the next set of punks think twice.
edit:
I have more respect for this killer than I would for others that would walk into a store and kill a family for 20.00 he told the truth. Good or bad. And has the balls to stand up for his decision.

I would have killed them with the first shot.

(01-02-2013, 11:04 PM)SIXFOOTERsez Wrote: I would have killed them with the first shot.

yup.

Washington County Attorney Pete Orput (prosecutor) will tackle the Little Falls, Minn., homicide case in which Byron Smith is accused of murdering two teens who broke into his home Thanksgiving Day.

Orput said he was called by the Minnesota County Attorneys Association on behalf of the Morrison County attorney's office to try the case. He said the president of the association told him the case would be contentious because of the gun issue. "If that's a challenge, I want it," Orput said Monday, Dec. 31.

Orput, the Washington County attorney since 2011, formerly worked in the Hennepin County attorney's office and for the Minnesota attorney general. He said he's "reviewed and prosecuted cases that involve the concept of defense of dwelling" and thinks the Smith case is a good one to present to a jury. He said Smith, who has been released on bail, has an omnibus hearing Jan. 22.

http://www.twincities.com/localnews/ci_2...ounty.html

===========================================

Wasn't sure what an omnibus criminal hearing entailed; here's the definition.

According to the Minnesota Rules of Criminal Procedure, at an omnibus hearing the court determines: (1) the constitutional admissibility of evidence derived from searches, seizures, interrogations and identification procedures; (2) whether probable cause to proceed to trial exists (whether it is probable that the defendant committed the crimes charged in the complaint); and (3) other constitutional, evidentiary, or procedural issues capable of disposition prior to trial. Due to the size of their caseloads, however, various Twin Cities metropolitan counties have modified omnibus hearings into simply probable cause determinations with all other issues reserved for determination immediately before trial.

http://www.thebasslawfirm.com/A-Guide-to...ures.shtml

Probable cause hearing has been delayed by four months and Smith has been out on bail since 3 weeks after the Thanksgiving Day killings. Doesn't look like anyone's in a big rush on this one.

Byron Smith was due to appear in court Jan. 22, but the scheduled hearing has been postponed until May 6. Morrison County court administration confirmed that a continuance request had been filed and the omnibus hearing was delayed as a result.

Smith is charged with two counts of second-degree murder in the Thanksgiving Day shooting deaths of Nicholas Brady and Haile Kifer. Morrison County court administration said the court hearing was delayed because the court was waiting on toxicology and DNA lab results in the case to be released.

(01-02-2013, 11:04 PM)SIXFOOTERsez Wrote: I would have killed them with the first shot.

Well lets just say you didn't kill them with the first shot, would you have walked over and shot them in the face while they were already on the ground wounded and dying?

This seems as open and shut a case as possible... he admitted to executing them AFTER he incapacitated them. What could possibly be in tox or DNA screens to foul up a confession?

Via MPR NEWS
ST. PAUL, Minn. — The next court date for the central Minnesota man accused of killing two teenagers in his home has been postponed to spring.

Byron Smith of Little Falls faces two counts of second-degree murder after authorities say he shot and wounded, then later killed Haile Kifer 18, and Nick Brady, 17, when they broke into his house on Thanksgiving Day.

A Morrison County judge had set a Jan. 22 pretrial hearing to determine admissibility of evidence, but rescheduled it for May 6.

Smith's attorney Steven Meshbesher said state investigators indicated they would not have their evidence ready for several months.

I'm reading the paper and it says he was indicted on 2 counts of 1^st degree murder with premeditation. Wow.

Wooooo. Premeditation.

Jury Selection Underway in Premeditated Murder Trial


Byron David Smith, 65 and the teen cousins (Nicholas Brady-17, Haile Kifer-18) he killed while they were burglarizing his home.

"There will always be those people that think that he (Smith) did nothing wrong, regardless of the facts," Morrison County Sheriff Michel Wetzel told the AP last week. "But once all the facts are known, I think the number of people who think he did nothing wrong is going to be reduced dramatically."

Under Minnesota law, a person may use deadly force to prevent a felony from taking place in one's home or dwelling, but authorities have said Smith crossed a line when he continued to shoot the teens after they were no longer a threat.

Byron's Smith's attorney, Steve Meshbesher, said the evidence will show his client is innocent of the accusations against him. Prosecutor Pete Orput said he is looking forward to letting jurors decide whether Smith's actions were premeditated.

According the complaint, Smith told authorities he was in his basement that Thanksgiving Day 2012 when he heard a window break upstairs and heard footsteps in his house. He saw Brady coming down the basement stairwell, then shot him. Brady fell. And as Brady was looking up at Smith, Smith shot him the face, the complaint said. The complaint said Smith told an investigator: "I want him dead."

Smith said he dragged Brady's body into his workshop, then sat in a chair. When Kifer came down the stairs, he shot her too. After she fell, he tried to shoot her again but his gun jammed, and she laughed, the complaint said. Smith pulled out another gun and shot her several times in the chest, acknowledging he fired "more shots than I needed to," the complaint said.

He allegedly dragged her into the room with Brady. Kifer was still gasping for air, so he fired what he called a "good, clean finishing shot" under her chin "up into the cranium," the complaint said.

Smith is a retired security engineer for the U.S. Department of State. His job would have focused on technical security issues for U.S. embassies, such as building layout and alarms.

Meshbesher, Smith's attorney, has said Smith's home had been broken into a half-dozen times in the months before the shootings, and he installed a security system to protect himself.

Evidence expected to be presented at trial includes video surveillance of the teens entering Smith's home, as well as an audio recording of the killings. Prosecutors have said the audio tape shows four shots were fired at Brady, and that Kifer can be heard 10 minutes later saying, "Nick?" before more shots were fired. Prosecutors have said Smith can be heard telling Kifer: "You're dying."

Assistant Morrison County Attorney Todd Kosovich has said the killings were an "ambush" and that Smith removed light bulbs from sockets and sat by a tall bookcase so the teens couldn't see him as they came downstairs.

Smith did not notify LE that he'd killed two people in his home. The complaint said Smith called a neighbor the next morning to ask whether he knew any attorneys. Smith admitted he did not attempt to call law enforcement, but asked his neighbor to do so after the neighbor was unable to assist in finding a lawyer.

Kifer and Brady were cousins and were well-known in the community. Both were involved in sports, and Kifer worked several part-time jobs, according to online obituaries. But a different picture of the teens emerged after their deaths. Authorities have said a car linked to Brady and Kifer contained prescription drugs that had been stolen from another house, apparently the day before they were killed. And court documents from another case show Brady had burglarized Smith's property at least twice in the months before he was shot.

Refs;
http://www.cbsnews.com/news/trial-set-to...-his-home/
http://unioneagle.com/2012/11/man-charge...lls-teens/

I understand protecting yourself & your property but this is going too far. Shooting the girl the way he did I feel is outright murder.

(04-14-2014, 11:57 AM)Duchess Wrote: I understand protecting yourself & your property but this is going too far. Shooting the girl the way he did I feel is outright murder.

Yeah, I agree.

He incapacitated them with the first shots which is legal under the castle doctrine. If his first shots had killed each of the teens, he'd probably be okay legally too.

But, once he'd removed the threat by incapacitating them, he decided to execute them -- and admitted as much to LE in his statements.

Plus, he never called LE to report that he had two bodies in his home. To me, that suggests that he knew he was not justified in going so far as he did.

Unless his attorneys can sell Smith as suffering from PTSD as a result of the previous burglaries, or dementia, or something to that effect (which I haven't seen that they're planning to do), I don't think Smith stands a chance of beating the premeditated murder wrap for the girl, and not much of a chance for the boy either.

Then again, who'd have thought that a man could shoot an unarmed teen to death at a public gas station -- a teen who never even approached the shooter -- and hang a jury?

Should be an interesting trial.

This is neither here nor there, just an observation - that girl had a lot of balls or zero common sense when she went down those steps after hearing gun fire. It's like the stupid female in the scary movie who opens the basement door.

(01-24-2013, 04:29 PM)sally Wrote:

(01-02-2013, 11:04 PM)SIXFOOTERsez Wrote: I would have killed them with the first shot.

Well lets just say you didn't kill them with the first shot, would you have walked over and shot them in the face while they were already on the ground wounded and dying?

Missed this back in the day, No, I would not have "Finished them off"Cleanly or otherwise. I would have check for weapons and called 911.

Crazy fucker for sure, wonder if thats why the little miscreants were fucking with him in the first place. Discriminating against an old guy? Or the disabled because he is crazy? Protected status?

They will probably convict, probably they should.

(04-14-2014, 12:34 PM)Duchess Wrote:

This is neither here nor there, just an observation - that girl had a lot of balls or zero common sense when she went down those steps after hearing gun fire. It's like the stupid female in the scary movie who opens the basement door.

Exactly what I thought when I read it the first time

JURY SELECTION COMPLETED - TRIAL STARTS MONDAY, 4 / 21

Seven men and seven women were selected to serve on the jury including two alternate jurors.

Opening statements are set to begin at 9 a.m. Monday at the Morrison County Government Center.

Haha!

Little Falls residents are digging out from 10" of heavy, wet snow today.