Byron Smith Found Guilty of Murdering Little Falls Teens

[mn9driver]

Source: Minneapolis Star Tribune

Jurors in Little Falls took a little more than three hours after closing arguments to return their verdict in the shooting deaths of 18-year-old Haile Kifer and 17-year-old Nick Brady in 2012.


Read more: http://m.startribune.com/news/?id=257169671&c=y

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That didn't take long...

[secondwind]

1. I'm not unhappy about this...there has to be a line that cannot be passed.. and he passed it... by

LYING IN WAIT

[kickysnana]

58. How can you lie in wait IN YOUR OWN HOME? n/t

[TorchTheWitch]

62. no, he passed it by executing them after rendering them harmless

You have every right by law to lie in wait in your own home in order to protect yourself, your loved ones and your property. What makes him guilty of murder is that after he rendered them subdued and no longer a threat he executed them. Self-defense only covers the amount of force necessary to subdue a person. He went beyond that as he executed them once they were subdued by his initial shots.

Frankly, had these kids not been breaking into his home in the first place they wouldn't be dead. Had he shot them both dead initially when they appeared in his basement where he was holed up, and called the police within a reasonable time frame afterward he would have committed no crime... lethal force against an intruder in one's home is legal. It's the fact that he executed them after his initial shots subdued them but didn't kill them that made his killing of them a crime.

I have no sympathy for these kids breaking into his home and the homes of others. I do have sympathy for them that they were executed once his initial shots subdued them though there is no guarantee those initial shots wouldn't have eventually killed them or could have and would expect that following recovery they'd be put in jail for breaking into peoples' homes and burglarizing them. They were no innocents. Had his initial shots killed them I wouldn't sympathize at all. Anyone that breaks into someone's home should know they run the risk of being killed for it by someone in the home, and it would be perfectly legal for them to do so. Again, they would not be either dead or injured had they not broken into his home.

I also do feel sympathy for the man that he felt so angry that his home was violated by these two people and that he was afraid because of previous break ins as well as this one. But I don't sympathize with him for acting on that anger and cold bloodedly executing the intruders once he had subdued them and not calling police within a reasonable amount of time afterward. For what he did AFTER he subdued the intruders he was rightfully convicted. For what he did BEFORE he executed the intruders he should not have been convicted, but I have no belief that what he did before he executed the intruders ever came into question by the jury and that they convicted him (rightfully) solely for what he did AFTER he subdued the intruders. Again, what he did BEFORE he subdued them with his initial shoots was both legal and even understandable. What he did AFTER he subdued them was not.

[The Velveteen Ocelot]

2. That tape sealed his fate. Seems like a fair verdict to me.

[mn9driver]

4. Agreed.

The prosecution's closing argument consisted mainly of simply replaying it. He did a good job of convicting himself.

[Ash_F]

3. Good.

Hope it sets a precedent. Being a victim of theft does not make you licensed judge jury and executioner.

[uppityperson]

5. Good, thank you for letting us know

[jwirr]

6. I am glad to hear that. Those young people did not deserve any of what he did to them.

[Thor_MN]

18. They were not angels, but they did not deserve to die.

Let's be honest, they were breaking into his house, likely not for the first time. But they did not deserve to be executed.

[sarisataka]

28. Their criminal activities were ruled inadmissible

at trial and is something the media is downplaying.

I agree with the inadmissiblity ruling as it is irrelevant to his actions. They could have been mass murderers and he still would not be justified in executing the kids.

I have a slight problem with the image being presented that these were good kids who never did anything wrong. Still, I am glad that the jury focused solely on his actions.
I expect the conviction will hold up on appeal.

[sarisataka]

7. Good verdict

Self defense does not include the option to murder. He went way over the line.

[herding cats]

8. Is this a mandatory life without possibility of parole?

I hope so, it's what he deserves.

Good jury, good verdict.

[mn9driver]

9. Yes.

It will be appealed, though. The defense asked for a mistrial several times during the proceedings, no doubt recognizing that he was probably toast.

[herding cats]

10. Thank you for the information.

I doubt his appeals will bear fruit, but I agree the defense worked to set the groundwork for the appeals.

[The Velveteen Ocelot]

12. An appeal is automatic in a murder I conviction.

In Minnesota this appeal bypasses the court of appeals and goes directly to the state supreme court. I can't imagine a reversal, though, at least based on what I've read in the news. He previously appealed to the supreme court to get the grand jury indictment quashed, but obviously he didn't have any luck with that.

[rocktivity]

22. The defense's time would have been better spent building a case for mental impairment

His actions suggest obsessive/compulsiveness; his statements a paranoid personality disorder.


rocktivity

[The Velveteen Ocelot]

36. That's not nearly impaired enough for a successful insanity defense.

While it's quite possible he had some sort of personality disorder, to be found legally insane you have to be delusionally psychotic. The statute says: "No person having a mental illness or cognitive impairment so as to be incapable of understanding the proceedings or making a defense shall be tried, sentenced, or punished for any crime; but the person shall not be excused from criminal liability except upon proof that at the time of committing the alleged criminal act the person was laboring under such a defect of reason, from one of these causes, as not to know the nature of the act, or that it was wrong." That's the old "M'Naghten Rule," which pretty much requires you to be, in laymen's terms, batshit crazy or barking mad. Being a neurotic asshole with a bad attitude won't do it.

The last time an insanity defense was successful in this state was about 10 years ago, when a guy was tried for beheading his mother. Before that, in the late '70s a woman who stabbed her (perceived, but not actual) boyfriend's fiancee 97 times was found to have been insane (both are in the state hospital for the criminally insane - a successful insanity defense keeps you out of prison but not out of the mental hospital).

[rocktivity]

57. I wasn't thinking in terms of not guilty by insanity

Of course that would have been too obvious. But a form of diminished capacity or extreme emotional duress might have resulted in a lesser charge. I wonder if a plea deal was ever offered?


rocktivity

[liberalhistorian]

61. Would that be the state hospital in

St. Peter? The one that's had so many problems and been cited by the state? I live in South Daota but attend a seminary in the twin cities, so I pass through St. Peter on the way there ans see the hospital whenever I do. It's ironic that it's the same town that Gustavus Adolpus College is in.

I'm very happy with this verdict and pleased that MN has once again displayed its relative sanity compared to some other states, like Florida and, unfortunately, South Dakota. Had it been in my state, he not only would have gotten totally off, and even been celebrated as a fucking "hero", he likely wouldn't have even been charged in the first place given our biased, dipshit prosecutors and teanutter attorney general and obsessive gun culture. Unless he'd been Native American, then they'd have been all over him like white on rice, the racism is endemic and systemic here.

[HooptieWagon]

11. Only 3 hours of deliberation?

That indicates the jury was certain of their verdict. The guy was certainly entitled to set a trap. He was not entitled to be judge, jury, and executioner.

[Thor_MN]

19. I'm pretty sure one can not set up a trap in the physical sense. Just to be clear.

Video, no problem. Waiting for them, no problem. Setting a device that would do bodily harm is probably not legal. For example, a tripwire that sets off a shotgun shell is most likely illegal.

Shooting an intruder is defensible, what is not, in his own words was "a clean finishing shot."

[HooptieWagon]

21. No, not a booby-trap.

But certainly video. Perhaps even a remote lock that keeps them in basement until cops arrive. And if homeowner was physically threatened, he could probably hold them at gunpoint. But in this case, he shot and wounded them without a threat, then executed them. I can certainly understand his frustration at being burglerized several times, and the perpetrators being released right away to do it again.... but he went far over the line in his response.

[Thor_MN]

23. We are on the same page, just wanted to make sure we were not talking punji sticks under the windows

Really having to fight discussing the phase booby trap though...

[rocktivity]

24. I'd still like to know how he KNEW they would show up

and why he didn't call the cops after shooting the first burglar. In fact, why didn't he call the cops if he suspected them -- because wanted to lure them there?


rocktivity

[HooptieWagon]

29. They had burglerized him several times before.

Your guess is as good as mine as to why he chose the action he did, rather than other, legal actions. I guess he's going to have a lot of time to think about that while sitting in prison.

[glinda]

37. I do not believe there is proof that the same kids did it more than once before.

[HooptieWagon]

42. They already been convicted of stealing guns from the house.

and had recently been arrested for possession of perscription drugs stolen from the house. Thats at least twice. My guess... there were more times, when they weren't caught.

[glinda]

45. The prescriptions found in the car were from another robbery.

You might be right but I had read that one other time they had broken in but since he had according to "him" several unreported break-ins it could easily have been others. Or he just allowed them to keep breaking in knowing he would shoot them.

[Ash_F]

63. Do you have a source for that claim?

I have read about him making that accusation, but nothing about the kids being charged.

He said that his home had been broken into many times, but only reported it once, a month before the murders. He waited a day to call the police.

His story stinks.

[glinda]

38. Sounds like he did not call the cops much if at all. The police in LF are pro-NRA is my guess.

[WatermelonRat]

13. I agree with others that his motive seemed to have been vigilanteism rather than self-defense.

It says in articles I've read that the teens had burglarized his house before - not "he claims they burglarized him in the past" but directly stating it. This leads me to believe that the authorities were probably aware of what had happened, but either didn't have the evidence to prosecute them or let them off. Smith would have seen this as the authorities being unable to administer justice, so he decided to make an example of them himself.

[freshwest]

15. +1. Better off making his house more secure. Not like they used a tank to break in.

His energies should have been expended on that instead of playing the movie Death Wish too many times. If that was where he got his fantasies of revenge from, that is.

Wonder if he became a loner and only listened to the voices in the head, that all of could have but are led away from dwelling on such thoughts by friends and family. We don't know if he listened to Boortz or other hatemongers on radio after he retired and got some kind of justification that led him to this.

Whatever, their chances at redemption for their own actions and his chance to live as a free man are over. What a miserable story.

[glinda]

44. House is out in the open for all to see. Neighbors are nearby also.

Easily could have managed prevention IMHO. Although am not too sure he was deeply friendly with the nearest neighbor(s).

[freshwest]

52. Seems he could've asked for help. Instead he let it eat him up. Now all their lives are over.

Expect he'll never leave prison, and since he did this, and it's likely he never should.

What a waste all the way around.

[HooptieWagon]

25. Yes, the kids had broken in at least twice before.

They stole guns the first time, and were arrested. Not sure what sentence was, but they didnt get jail time. Then, they were arrested again, in possesion of perscription drugs stolen from the homeowner's house. I believe they were out on bail awaiting trial on those charges when they broke in again and were killed. These were not good kids, but that doesn't give the homeowner the right to kill them. He had many other options.

[PeteSelman]

14. This is one sick asshole.

A shame they won't execute him in turn. He's a poster boy for it.

[The Velveteen Ocelot]

16. Fortunately, here in Minnesota we are more civilized than that.

The death penalty is barbaric and should never be used, ever, for anyone. Period.

[Randomthought]

34. I concur

We are more civilized. He got exactly what he deserved life without parole.

[PeteSelman]

54. That's your position.

And more power to you.

A scumbag like this deserves it in my opinion. You certainly wouldn't be killing the wrong person.

But it doesn't really matter I guess.

[jeff47]

55. Why shorten his suffering?

Prison is not a pleasant place to be.

If your goal is to met out punishment, 40 years in prison is going to be a lot harsher than 10 years followed by an execution.

The death penalty costs more, is not a deterrent, is less of a punishment, and can not be reversed. It only has downsides.

[PeteSelman]

56. I disagree.

In a case like this there is no question that he's guilty. All you need to do is take him out back and hang him. Cheap and quick.

Prison isn't necessarily suffering. If you're a predator it's a paradise.

But again, it doesn't really matter much. I won't think about this again unless it's brought up.

[madokie]

59. For Proof of that Google Oklahoma execution gone bad

No matter the premise that killing is done in it is never the answer

[CreekDog]

17. thanks for posting this, I have to send the link to a friend here

[secondvariety]

20. A noisy dog

would have saved everyone a lot of heartache.

[glinda]

39. He did not like his neighbor's dog crossing his property.

Last edited Wed Apr 30, 2014, 10:42 AM - Edit history (1)

Cat also. That is all I am going to say. At least what was told to me.

[Judi Lynn]

26. Such good news. Thank you. n/t

[The Magistrate]

27. Good Verdict, Ma'am

Self-defense is one thing, but this was something else entirely.

[Paladin]

30. Glad to hear it. (nt)

[riverwalker]

31. good

the fact that he moved his car down the road to look like his house was unoccupied, he knew they were not looking for a confrontation, and would not rob him if he was home. They were no threat to him.

[glinda]

40. Lame excuse to say the reason for moving it was to clean out his garage.

Like several blocks moving his car???????? Trap.

[scarletwoman]

32. I am constantly grateful that I live in Minnesota. There is still a sense of common decency here.

Byron Smith had so many other options he could have chosen. He could have simply held the teens at gunpoint and phoned the police. He could have stopped at wounding them and called the police. He could have called the police as soon as he realized the kids were breaking in. And as others have mentioned, he could have put some energy into making his home more break-in proof. He could have gotten a dog.

It's difficult to not conclude that he WANTED to have an opportunity to shoot some intruders. He wanted revenge more than he wanted preventive measures.

The part that has always astounded me from the very beginning is the fact that he left their dead bodies in his basement for a whole day, and never called the police, just called a neighbor the next day. What kind of person leaves two dead bodies in his basement and doesn't think it's worth mentioning until a day later?

I'm so glad the jury found him guilty.

[glinda]

41. I would like to know the paperback he was reading when this happened.

[alp227]

33. Had he killed two black teenagers he'd be acquitted.

I'm damn serious. Remember the Trayvon Martin and Jordan Davis cases? No murder convictions there.

[The Velveteen Ocelot]

35. I disagree. Minnesota isn't Florida. Which isn't to say there are no racists here -

- unfortunately, there are, just like everywhere else - but they wouldn't be very likely to get through the jury selection process. And there's no "stand your ground" law here, either; the gun culture isn't so pervasive. Gun owners are more likely to be hunters than teabaggers or militia types.

[glinda]

43. LF is extremely conservative. No liberal Jury here.

I am just grateful that the near nightly target practice has stopped since this incident and continues to be quiet since. He lived across the River from us. Sounded like it was coming from his house or at least his area that is if someone else shared "his" passion. Am very grateful he is facing a life sentence for the safety of the community.

[The Velveteen Ocelot]

46. I don't doubt LF is conservative

and it's almost entirely white. However, although juries aren't likely to be liberal, the prosecutors throughout the state are mostly pretty fair and would know how to keep any flaming racists off a jury.

[glinda]

48. Try like all of a dozen people of color......

Knowing LF would find it difficult to believe that Jury would even remotely lean liberal. Saying most likely Conservative and Church going folk.

[Ash_F]

66. The key here is the victims were white.

In those cases, white conservative juries can be somewhat fair. Also the guy sounds like Hannibal Lector in the tape. I am sure that didn't help him.

You had one scary neighbor.

[glinda]

68. Totally agree.

Thank goodness he was across the River. Good riddens I say.

[The Velveteen Ocelot]

47. Did he have a reputation in the neighborhood

as being an oddball or a gun nut or something like that?

[glinda]

49. emailed you

[LiberalElite]

50. GOOD.

[Coventina]

51. Very good news.

Hope everything stands on appeal, and this guy never sees freedom again.

[whathehell]

53. Good n/t

[truthisfreedom]

60. He was on a mission to kill.

[Ash_F]

64. Audio here

He doesn't sound like he was afraid. He sounds like Hannibal Lector.

http://www.mercurynews.com/crime-courts/ci_25664647/listen-chilling-audio-by-killer-minnesota-teens

Fuck that guy.

Edit - I can see why he worked in "Homeland Security"

[Ash_F]

65. One thing I get from that audio, is that the girl was probably just checking on the boy

The girl must have not been in the house, or even very close to it, when the shots were fired.

And he shot her over and over as she cried "oh God"

Seriously, fuck this guy and anyone who thinks what he did was ok. Listen to the tape first.

[Judi Lynn]

67. Juror: Recording of Minnesota killings was key

Juror: Recording of Minnesota killings was key
By AMY FORLITI, Associated Press | April 30, 2014 | Updated: April 30, 2014 7:34pm

~snip~
"It was very powerful, and it makes it very clear that ... he didn't do this because he had to. He did it because he wanted to. And that is not what self-defense is about," Sampsell-Jones said.

The recording captured the sounds of Smith shooting Brady as he came down the stairs. Brady groans after the first and second shots, but is silent after a third shot, and Smith can be heard saying, "You're dead."

Prosecutors say Smith put Brady's body on a tarp and dragged it into another room, then sat down and reloaded his weapon.

Kifer whispers, "Nick?" A shot is fired, and Kifer screams. Smith apologizes as his gun jams, then fires at Kifer four more times and says: "You're dying." A sixth and final shot — Smith described it as a "finishing shot" to investigators — was heard soon after.

More:
http://www.chron.com/news/crime/article/Juror-Recording-of-Minnesota-killings-was-key-5442927.php