teenagers were harassing a frustrated homeowner by previously breaking into his when he was absence.
At the time of the shooting, they were not there to do him any physical harm and he knew it. Certain video and audio tapes apparently show his knowledge, his frustration, and intent to kill them.
The boy (Brady) had been involved with breaking into the home last summer. For the girl (Kifer), this may have been her first thrill burglary.
"Prosecutors have said that Smith shot the teens, who were unarmed, multiple times as they walked down the stairs to his basement about 10 minutes apart."
...
"Prosecutors said at a December court hearing that Smith had videotape of the teens outside his home before they broke in. They said he also had an audiotape of the killings that recorded Smith telling Brady Youre dead in the seconds after he was shot. He later taunted Kifer after shooting her several times, calling her bitch as he fired a shot beneath her chin and into her cranium, prosecutors said.
He shot Haile Kifer three times in the head, prosecutor Todd Kosovich said at a court hearing in December. Theres no way thats self-defense.
"Smith then dragged the bodies into a workshop where they remained before police were called to the home the next day.
http://www.startribune.com/local/204730381.html?page=1&c=y&refer=y
Again, criminals should be prosecuted. We have laws against murder. The authories are enforcing them. A removal of any firearm from the home prior to the event would not have stopped him. The frustrated homeowner was aware of the teens prior to their intrusion, and if he did not have a firearm, there is nothing to indicate that he would not have otherwise used a bat, an axe, a knife, or whatever. Send him to prison.