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http://www.foxnews.com/us/2014/04/29/minn-homeowner-convicted-premeditated-murder/LITTLE FALLS, Minn. – A Minnesota homeowner who shot and killed two teenagers during a break-in was convicted Tuesday of premeditated murder. Bryon Smith had claimed he was simply defending himself during the break-in at his home in the small city of Little Falls on Thanksgiving Day 2012. Smith's attorney said the 65-year-old was fearful after previous burglaries. ADVERTISEMENT But prosecutors argued that Smith waited in his basement and intended to kill the teens. A total of nine shots were fired at 17-year-old Nick Brady and 18-year-old Haile Kifer. Jurors began deliberating Tuesday morning and within three hours had a verdict: Guilty on two counts each of first-degree and second-degree murder. Mothers of the teens cried as the verdicts were read, while Smith showed no emotion. Defense attorney Steve Meshbesher said he would appeal. The teens' killings stirred debate around the state and in Little Falls -- a Mississippi River city of 8,000 about 100 miles northwest of Minneapolis -- about how far a homeowner can go in responding to a threat. Minnesota law allows deadly force to prevent a felony from taking place in one's home or dwelling, but one's actions must be considered reasonable under the circumstances. Prosecutors said Smith's plan was set in motion on the morning of the killings, after Smith saw a neighbor whom he believed responsible for prior burglaries drive by. Prosecutors say Smith moved his truck to make it look like no one was home, and then settled into a chair in his basement with a book, energy bars, a bottle of water and two guns. Smith also set up a hand-held recorder on a bookshelf, which captured audio of the shootings -- key evidence in the prosecution's case. Smith had also installed a surveillance system that recorded images of Brady trying to enter the house. The audio, which was played several times in court, captured the sound of glass shattering, then the sounds of Smith shooting Brady three times as he descended the basement stairs. Smith can be heard saying, "You're dead." Prosecutors said Smith put Brady's body on a tarp and dragged him into another room, then sat down, reloaded his weapon and waited. About 10 minutes later, Kifer came downstairs. More shots are heard on the recording, then Kifer's screams, with Smith saying, "You're dying." It's followed soon after by another shot, which investigators said Smith described as "a good, clean finishing shot." The teens were unarmed, but Smith's attorneys had said he feared they had a weapon. The tape continued to run, and Smith was heard referring to the teens as "vermin." Smith waited a full day before asking a neighbor to call police. Smith did not testify on his own behalf. Meshbesher highlighted previous burglaries on Smith's property, including one on Oct. 27 that included the theft of weapons. A neighbor testified that Smith came to his door after that burglary and appeared very frightened. Meshbesher said Smith wrote a memo to the Morrison County Sheriff's Office on Oct. 29 asking them to investigate. Meshbesher said in his closing arguments that the teens would still be alive if they hadn't broken into Smith's house. He also said Smith had a legal right to use deadly force to defend himself. Before retiring from the U.S. State Department, Smith worked on technical security issues for American embassies, such as building layout and alarms. Kifer was a senior who was active in athletics at Little Falls High School. Brady was a student and a wrestler at that school before transferring to nearby Pillager High School, where he was a junior. They were cousins. Court documents that were not allowed as evidence showed Brady had broken into Smith's house and garage before. Brady and Kifer were also linked to another burglary the day before they were killed; stolen prescription drugs were found in the car they were driving. Judge Douglas Anderson excluded evidence about the teens' histories from the trial as irrelevant
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No wonder he was convicted of murder...
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Clearly went all out to set himself up and wait for them to break in but when you get down to it, the kids still broke in to the guys house and that is the major points. Now he did wait to call the police which kind of bothers me but also states the kids broke in before and he had called the Sheriff.... Just hard for me to get past the kids broke into a house and got killed. You should have the right within your own home to exercise whatever force you want within your own home when someone breaks in.....
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Quote:
No wonder he was convicted of murder...
and why is that? He was in his own home. He didn't chase them out the door and shoot them in his driveway. He shot them in his own home.
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Because he had this an elaborate scheme to get them to enter his house and then he'd murder them.
And me saying that he murdered them is not the same as me saying that the criminals shouldn't be punished.
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But as the defense said. If they hadn't broken in his home they would still be alive
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Quote:
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No wonder he was convicted of murder...
and why is that? He was in his own home. He didn't chase them out the door and shoot them in his driveway. He shot them in his own home.
This isn't all that different from setting trip wires connected to triggers or small explosives to hurt/kill somebody who breaks into your property.. you can't do it. It's illegal.
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It took a year and half to come to this verdict so it's not that can and dry!
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Do you know what the definition of "murder" is?
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He was in his basement. These kids had broken in before. Regardless of that fact he just set and waited. They broke in and got killed. Now if he had left the door unlocked on purpose that might be a different story but they broke glass to get in.
My only issue is he waited a day to call police so that is definitely fishy
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It took less than three hours from the time that the jury was able to find a verdict. Saying it took a year and a half is a little misleading. Seemed pretty cut and dry once the jury was able to make a decision.
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One thing the article did not mention is that the young man had broken into the man's house at least one time before. It is believed both teens were there to steal something they could sell for drugs and or alcohol. (speculation yes, but not mine, just something from another article I had read a bit ago (that I cannot find, yet)).
However, about the recording I had not heard it put quite the way the article did and that clearly shows premeditation. He has every right to protect his home, even with lethal force, but it would appear he had every intent to make sure the thieves would not get out of his place alive.
A sad story that the kids would do this, sad that they were killed, and sad that this man felt this was the only way to deal with them. I hope this helps the family's of the teens find some semblance of closure.
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Quote:
Do you know what the definition of "murder" is?
this isn't that cut and dry. The Law varies from state to state with your rights within your own home. I guarantee in some states you wouldn't have been convicted of this. They were in his home. I wouldn't have baited someone into my home then shot them. But I guarantee you one thing. If Anyone comes in my home, someone will be leaving in a body bag. I won't be waiting around to see if they have a gun
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Setting up an ambush mitigates the notion of reasonable fear of imminent harm, don't you think?
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Quote:
He was in his basement. These kids had broken in before. Regardless of that fact he just set and waited. They broke in and got killed. Now if he had left the door unlocked on purpose that might be a different story but they broke glass to get in.
My only issue is he waited a day to call police so that is definitely fishy
I give a homeowner a lot of latitude when it comes to their right to defend themselves in their own home because they are not trained law enforcement, they are prone to getting anxious when faced with this situation, and they aren't trained to be able to understand the level of threat they are facing in the heat of a situation.
I don't think a lot of that applies to this guy, he laid in wait for them, armed and ready, not to stop a crime but to kill them. I have little sympathy for the kids because they are the ones who were breaking the law repeatedly, I have a tremendous amount of sympathy for this guy and his family because I'm sure he thought he was doing the right thing... But in the end, you just can't do what he did.
Yes, he seemed relatively certain they were coming and he was in his basement.. not in his foyer where he could have scared them away the second they broke the glass, not where he could apprehend them, he was in his basement, where the shots wouldn't be heard, waiting for them..
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Quote:
Setting up an ambush mitigates the notion of reasonable fear of imminent harm, don't you think?
I'm not saying he should have gone about it the way he did he probably been watching to many movies.. I just can't stand the fact they were in his home. I can't stand thieves
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http://en.wikipedia.org/wiki/Byron_David_Smith_killingsQuote:
On November 22 (Thanksgiving Day), 2012, Haile Kifer, 18, and her cousin, Nicholas Brady, 17, broke into the home of Byron David Smith in Little Falls, Minnesota. Smith, armed with a Ruger Mini-14,[1] shot the teens separately and minutes apart as they entered the basement where he was, later stating to police he was worried about them being armed. By his account to police, he shot Brady twice at the top of the basement stairs, and once in the face fatally after he fell to the bottom of the stairs. Minutes later when Kifer entered the basement, he shot her at the top of the stairs. Wounded, she fell down the stairs, and after Smith's rifle jammed, he shot her multiple times in the chest with a .22-caliber revolver, dragged her across the floor to set her beside the body of her cousin, and then shot her fatally under the chin.[1] Smith then waited until Friday to have a neighbor call police, saying that he did not want to bother law enforcement on Thanksgiving.[1] Video and audio of the events was recorded by Smith's security system.
Thoughts? To add to the comments about laying a trap, it sounds like the guy finishes them off execution style... which is something that is omitted/very unclear from the original Fox News story.
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Well it's a good thing Macaulay Culkin didn't kill one of those burglars with a paint bucket to a skull ... they would of been hauling that kid off to prison.  Joking aside ... I don't think it's the "defending" the home that got the guy in trouble. It's the way he came after them, when they were already down, and assassinated them minutes later. Plus waiting a day to call the cops probably sealed the deal. I think the guy walks had he shot the intruders at first contact and run off to call the police. Planned ambush or not. Edit: I originally was just clicking your post Mox and didn't read what you posted. That really confirms what I was saying. He didn't get in trouble for home defense ... he got in trouble for executing them. And I agree with the verdict.
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Thanks, I'm even more convinced now that this man deserves to be in prison. This wasn't self-defense, this was a premeditated execution.
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Quote:
Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
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Quote:
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Setting up an ambush mitigates the notion of reasonable fear of imminent harm, don't you think?
I'm not saying he should have gone about it the way he did he probably been watching to many movies.. I just can't stand the fact they were in his home. I can't stand thieves
Absolutely agree on the thieves man... we just can't have vigilantes dishing out their own brand of justice. This guy stepped over the line of self defense when he set up his house to be a target and laid a trap for the perps
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Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
Moving your vehicle to make your house look empty is a "free candy inside" for burglars...
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Quote:
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Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
From what I understand he moved his car to make them believe he was not home.. it's not an elaborate scheme and in the end they are the criminals that broke in.. but in some small way, he was trying to entice them to enter his home while he was waiting for them.
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Eh, I get why they had to convict him. However, in the same breath, I can live with what he did. Living in a neighborhood where stealing is the most common occupation(perhaps tied with selling drugs), I can say that when one of the thieves here get shot(and it happens a couple times a year) I certainly don't shed a tear. Is that neighborhood not better off now? Are the residents not safer? Liek I said I get that they HAD to convict him, because it was clearly premeditated, but couldn't they have found a lesser charge?
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You want to reward vigilantism?
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It's possible for a crime to have two different sets of bad guys.
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Quote:
You want to reward vigilantism?
No, he just doesn't want to punish it as harshly as you would punish crime against an innocent victim. From what I can tell, this guy is being punished as if he had walked onto a subway train and shot two people he didn't know.. So while I maintain this guy is wrong and should be punished, the fact remains that two people did break into his house of their own free will..
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Quote:
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Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
Moving your vehicle to make your house look empty is a "free candy inside" for burglars...
Normally I park my truck in my driveway, but if I put it in my garage does that mean Im looking to invite crime into my household?
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Quote:
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You want to reward vigilantism?
No, he just doesn't want to punish it as harshly as you would punish crime against an innocent victim. From what I can tell, this guy is being punished as if he had walked onto a subway train and shot two people he didn't know.. So while I maintain this guy is wrong and should be punished, the fact remains that two people did break into his house of their own free will..
What you are describing here is the exact definition of rewarding him for vigilantism...
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I don't think it really matters if he puts billboards on his front lawn that says, "Out of town for the weekend, big screen in the living room" ... once a person makes a conscious decision to break the law and enter a guy's house, the guy has a right to defend his property. Saying, "well he's trying to bait them into robbing the place" is kind of like saying, "well she dressed like a slut, so she deserved to get raped". When he moved to execute them well after he had subdued them, is when he jumped way over the line of self-defense and into the realm of first degree murder.
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I believe what you are describing would be shown at his sentencing and not what actual crime was committed.
I mean what he actually did appears to be premeditated murder. Which from my understanding would be correct. Now if the judge in the case sees the circumstances being such that the sentence should invoke the minimum sentence verses a higher sentence, I believe that's where you would find some difference.
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Quote:
I believe what you are describing would be shown at his sentencing and not what actual crime was committed.
I mean what he actually did appears to be premeditated murder. Which from my understanding would be correct. Now if the judge in the case sees the circumstances being such that the sentence should invoke the minimum sentence verses a higher sentence, I believe that's where you would find some difference.
They're referring to charging him with a lesser crime than premeditated murder based on the fact that his victims were engaged in a criminal act at the time that he killed them.
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Quote:
When he moved to execute them well after he had subdued them, is when he jumped way over the line of self-defense and into the realm of first degree murder.
I agree. If he had just shot them until they were down, and not "finished them off" and waited a day before he had someone call the police, I'd be on his side, even if it was "pre-meditated." He wanted to kill them more than he wanted justice.
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Quote:
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Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
Not only did he make his house appear like no one was there, he set up a video system, a recording system and had a cache of energy bars to keep him awake. That's an elaborate scheme.
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Quote:
I agree. If he had just shot them until they were down, and not "finished them off" and waited a day before he had someone call the police, I'd be on his side, even if it was "pre-meditated." He wanted to kill them more than he wanted justice.
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Quote:
They're referring to charging him with a lesser crime than premeditated murder based on the fact that his victims were engaged in a criminal act at the time that he killed them.
I don't see how you can after the way it was done with the execution style ending. That is premeditated no matter how you look at it.
And maybe that's the problem some see, although I don't.....
each law has prerequisites that apply. They are defined. If your crime meets that definition, that is your crime. The sentencing has more leeway.
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When he moved to execute them well after he had subdued them, is when he jumped way over the line of self-defense and into the realm of first degree murder.
agreed
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Quote:
Quote:
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Because he had this an elaborate scheme to get them to enter his house
Not really. Its not like he put a sign up saying free candy inside.
Not only did he make his house appear like no one was there, he set up a video system, a recording system and had a cache of energy bars to keep him awake. That's an elaborate scheme.
None of those thing were to entice them into his house like you originally stated.
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Clearly they were or he wouldn't be eating energy bars in his basement with a loaded shotgun waiting for someone.
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I'm as pro gun as they come, and I feel the punishment was just. This guy played judge, jury and executioner in this situation while giving the antis fodder for a gun grab.
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