04-14-2014, 11:50 AM
Jury Selection Underway in Premeditated Murder Trial
![[Image: little-falls.jpg]](http://unioneagle.com/wp-content/uploads/2012/11/little-falls.jpg)
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/
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/