"You're dead," Minn. homeowner told teen burglar

[Jazzy]

Jurors heard an audio recording Tuesday of the moments when two teenagers were fatally shot by a Minnesota homeowner who says he feared for his life after several previous break-ins.

Byron Smith, 65, of Little Falls, is charged with first-degree premeditated murder in the slayings of 17-year-old Nick Brady and 18-year-old Haile Kifer on Thanksgiving Day 2012. The shooting stunned the small city and stirred debate about how far people can go in defending their homes.

Smith told police that he armed himself and set up recording devices following repeated break-ins. Morrison County jurors heard glass break on the recording, then two gunshots as Brady groaned. Smith told Brady, "You're dead," the Star Tribune reported.

Almost immediately after Brady is shot, rustling of a tarp can be heard, then a dragging sound and heavy breathing. Smith has said he had moved Brady to a workshop in his basement to keep him from staining the basement carpet.

The audio continued with the sound of a gun reloading, then more deep breaths. In a quiet, low voice several minutes later, a female mumbles "Nick." Gunshots are heard again, as well as the sound of Kifer falling. Smith quickly said "Oh, sorry about that." Then Kifer said "Oh my God!" and screams.

Amid more shots, Smith told Kifer, "you're dying," and then calls her a derogatory name for a woman. After more heavy breathing and another dragging sound, Smith calls Kifer the name again. After more movement, the crack of a gun is heard.

Prosecutors said during opening statements Monday that Smith planned the killings and was waiting in his basement. Smith's attorney said his client was terrified after several increasingly violent break-ins and hid after he heard a window break and footsteps upstairs.

Court documents from another case show Brady had burglarized Smith's property at least twice in the months before he was killed.

Source

In your opinion, is he guilty of first-degree premeditated murder? Why / Why not?

 

[DrLeftover]

I'll buy 'self defense' when he killed the first intruder, and maybe the first shot at the second.

Not after that.

I also do not agree with the way the two teenage criminals were painted during a story on CNN when the talking head neglected to point out the fact that they had committed felonies called "Breaking and Entering" and "Home Invasion" before the gunfire started. According to CNN, the two must have been on their way to a dinner for their Sunday School Class when Smith lured them into his house and shot them.

 

[WHO IS SERAFIN]

In Florida this would have never made to court. You break into someones home its all over but the crying for the burglars. Stand your ground law is a very good thing.

 

[Jazzy]

~Update~

Two teenage cousins killed after breaking into a Minnesota man's home were shot a total of nine times, with some shots coming from close range, a medical examiner testified at the man's murder trial Thursday.

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. Prosecutors also say Smith planned the killings. They say he sat in a chair in his basement and waited for the teens to enter his home, instead of calling police.

Dr. Kelly Mills with the Ramsey County Medical Examiner's Office testified that Brady was shot three times, Kifer six times. The final shot to Brady, which went through his hand and into his right temple, was the "most immediate fatal," Mills said. She described it as a close-range shot.

Kifer also was shot in the head at close range, Mills testified. She said the shot that killed Kifer, the fifth fired by Smith, was a close-range shot behind her left ear.

Full article

Nine shots and at close range. Sounds more and more like an execution.

 

[WHO IS SERAFIN]

~Update~

Two teenage cousins killed after breaking into a Minnesota man's home were shot a total of nine times, with some shots coming from close range, a medical examiner testified at the man's murder trial Thursday.

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. Prosecutors also say Smith planned the killings. They say he sat in a chair in his basement and waited for the teens to enter his home, instead of calling police.

Dr. Kelly Mills with the Ramsey County Medical Examiner's Office testified that Brady was shot three times, Kifer six times. The final shot to Brady, which went through his hand and into his right temple, was the "most immediate fatal," Mills said. She described it as a close-range shot.

Kifer also was shot in the head at close range, Mills testified. She said the shot that killed Kifer, the fifth fired by Smith, was a close-range shot behind her left ear.

Full article

Nine shots and at close range. Sounds more and more like an execution.

All bets are off when you decide to break in someones home. Would I have shot them? Yes. Would I have done it like this guy did? No. Do I feel bad for the dead criminals? Not in the least. They picked there path and now they payed the price. The guy should walk free.

 

[Jazzy]

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.

I don't disagree that he had the right to use deadly force when the teens broke into his home. I do agree, however, with the authorities that he crossed the line when he continued to shoot the teens when the threat was eliminated. Nine shots and all at close range is a little hard to stomach as an excuse that he still felt his life was in jeopardy. It's called overkill in my book. If the only charge against him is first-degree premeditated murder, then I don't think that charge will hold water. If, however, they want to change the charge to first-degree unpremeditated murder or simply first-degree murder they may have a good case against him.

 

[Jazzy]

So, you agree that cops can spray a homeless man in the back yet a home owner can't kill people that break into his home?

Perhaps you should read my comment a little more closely:

I don't disagree that he had the right to use deadly force when the teens broke into his home. I do agree, however, with the authorities that he crossed the line when he continued to shoot the teens when the threat was eliminated. Nine shots and all at close range is a little hard to stomach as an excuse that he still felt his life was in jeopardy.

 

[WHO IS SERAFIN]

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.

I don't disagree that he had the right to use deadly force when the teens broke into his home. I do agree, however, with the authorities that he crossed the line when he continued to shoot the teens when the threat was eliminated. Nine shots and all at close range is a little hard to stomach as an excuse that he still felt his life was in jeopardy. It's called overkill in my book. If the only charge against him is first-degree premeditated murder, then I don't think that charge will hold water. If, however, they want to change the charge to first-degree unpremeditated murder or simply first-degree murder they may have a good case against him.

Maybe he still did feel his life in jeopardy when some bleeding heart liberal lawyers take on the case to sue him for not giving the people who broke in milk and cookies instead of defending his home.

 

[Jazzy]

Funny, I didn't read in any article about this case where the teens were armed. So,when after the first one or two shots that hit their targets did he feel his life was still in jeopardy?

 

[WHO IS SERAFIN]

Funny, I didn't read in any article about this case where the teens were armed. So,when after the first one or two shots that hit their targets did he feel his life was still in jeopardy?

They could be using feathers and harsh words as weapons and it does not matter once they broke into someones home where they were not invited.

 

[DrLeftover]

Exactly.

 

[WHO IS SERAFIN]

He was found guilty. Looks like he is going to jail for the rest of his life. I am sure he will go for repeal.

 

[Jazzy]

They don't have to be armed... wow...

Apparently they do...wow...

When it was all over Tuesday, moments after he had been swiftly found guilty on four counts of murder for shooting two teenage intruders in his home.

Jurors took three hours to deliver their verdict. They were charged with answering the question of whether Smith acted as a reasonable person would have under the circumstances when he killed 18-year-old Haile Kifer and 17-year-old Nick Brady, unarmed cousins who broke into his home through a window.

Full article with video

 

[WHO IS SERAFIN]

Well glad I live in Florida. But I gotta say he should have just taken care of business instead of taunting them. So in some ways he only has himself to blame for not just simply defending his home and keeping the chit down to a minimum.

 

[Jazzy]

Or just the jurers were morons when they ruined this guys life because of what America stands for but hey, what do I know...

Ruined this guys life? He ending the lives of two unarmed teenagers. I say hats off to this jury which recognized the difference between reasonably defending your own home and murder.