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Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in

 
strikeforce1
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11/28/2012 09:36 AM

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Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Thanksgiving Day Horror: Minnesota Teens Killed in Alleged Break-In

Nicholas Brady, 17, and Haile Kifer, 18, were shot repeatedly and their bodies left for nearly 24 hours in Byron Smith’s house before police were called. He says he killed them out of fear they were armed robbers. Matthew DeLuca reports.

On Thanksgiving Day around noon, Byron David Smith was sitting in the basement of his home on eight acres of land in Little Falls, Minn., a woodsy town of about 8,000 people, when he thought he heard intruders moving around upstairs.

How Smith, 64, ended up killing two teenagers in cold blood that day, as he later told police, is laid out in icy detail (PDF) in a criminal complaint filed in the state’s Seventh District Court on Monday.

Smith, who was worried the intruders might be armed, waited quietly downstairs with a Mini-14 rifle, a semi-automatic carbine, in his hand, according to the complaint, which details what he told police. He had a .22-caliber revolver strapped to his body, he said. He heard a window break, and later he showed police officers a broken window in his bedroom. He listened to footsteps above him, on the first floor of the house. Then he saw someone walking down the stairwell into the basement, where he sat, and a pair of legs became visible. Then he fired. Twice.

The person he shot was Nicholas Brady, a 17-year-old who also used the last name Schaeffel. Brady was looking up at Smith after he fell down the stairs. Smith, who has been reported to be a former security officer for the U.S. State Department, told police he shot Brady in the face.

The reason? “I want him dead,” Smith told officers.

Smith put Brady on a tarp and dragged him into a basement workshop, leaving the body there, he said. Then he went back to his seat. He waited.

It took a few minutes, but soon another pair of legs came down the basement stairs, It was Haile Kifer, a gymnast and diver for Little Falls High School. Smith told police he fired as the 18-year-old girl’s hips appeared. She too fell down the stairs. Smith’s Mini-14 jammed. Kifer laughed up at the man who would kill her. That made him mad, he said, even though it was only a short laugh because she was in so much pain.

“If you’re trying to shoot somebody and they laugh at you, you go again,” Smith explained to police as his logic for what he did next. Smith said he shot Kifer in the chest with his .22-caliber revolver, not once but several times. That was “more shots than I needed to,” Smith later told police.

Kifer was still alive. Smith dragged her over to where he had left Brady’s body. The young woman gasped for air. Smith had a solution for that—what he later called “a good clean finishing shot.” He placed his gun underneath her chin and fired it “up into the cranium.”

Smith said he acted out of fear. He was afraid Brady or Kifer might have a weapon. Minnesota state law allows homeowners to defend themselves and their property if they believe they are in danger. Smith acknowledged to police that neither of the two teens in his home had a weapon.

The two bodies remained in the basement of Smith’s home overnight. The next morning, Smith seems to have become worried about how his actions might affect him. He called a neighbor on Friday and asked him if he knew lawyers, according to the complaint. Smith didn’t call the police, he later said, but asked the neighbor to call them. That call was placed at 1 p.m. on Nov. 23.

Officers arrived at Smith’s home, where he showed them the bodies of the two teens in his basement. He was arrested. Appearing in court in Morrison County on Monday morning, Smith was charged with two counts of unpremeditated murder in the second degree. Bail was set at $2 million.

“Mr. Smith intentionally killed two teenagers in his home in a manner that goes well beyond self-defense,” Morris County Attorney Brian Middendorf said on Monday.

Many questions remain unanswered in the town of Little Falls, where Kifer worked at the Falls Cinema, according to her Facebook page.

[link to www.thedailybeast.com]
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Anonymous Coward
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11/28/2012 09:38 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
don't break into somebody els's house.
strikeforce1 (OP)

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11/28/2012 09:40 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
What say you? Justified self-defense, or cold blooded murder? I don't consider a "nice, clean finishing shot" to an incapacitated teenage girl's head to be "self defense". This fucker I think should get what's coming to him with the murder 2 charge. Sure the teens shouldn't have broken into the guy's house but one shot, fall down the stairs, and call the fucking cops, don't blow their fucking heads off motherfucker!
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Anonymous Coward
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11/28/2012 09:40 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Overkill.
Anonymous Coward
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11/28/2012 09:41 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Maybe he had Gulf War Syndrome.
Anonymous Coward
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11/28/2012 09:43 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Thread: Two teens shot and killed during an alleged break-in on Thanksgiving day
alexisj9

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11/28/2012 09:44 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Welcome to England.
Anonymous Coward
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11/28/2012 09:44 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
No, not justified. His actions quite clearly went way beyond any conceivable measures of self-defense. He should and will go to prison for the rest of his life.
Anonymous Coward
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11/28/2012 09:45 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
He didn't call the cops right away so he could get rid of his grow op, the reason the teenagers broke in in the first place! My theory anyway! And yes, it was very excessive what he did.
BRIEF
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11/28/2012 09:45 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
What say you? Justified self-defense, or cold blooded murder? I don't consider a "nice, clean finishing shot" to an incapacitated teenage girl's head to be "self defense". This fucker I think should get what's coming to him with the murder 2 charge. Sure the teens shouldn't have broken into the guy's house but one shot, fall down the stairs, and call the fucking cops, don't blow their fucking heads off motherfucker!
 Quoting: strikeforce1


If you only injure them they will sue and take your house...but he screwed up in many ways...he should have killed them and called the cops and claimed self defense...
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Briefcut4892
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11/28/2012 09:46 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
This is my home state. The whole thing is weird. If I recall, this happened on Thanksgiving night. Why would two teenagers be doing that on a holiday night (it was cold too) is beyond me. It just doesn't make any sense. And then he leaves the bodies in the basement until Friday because he didn't want to bother the authorities. He's wacko and the kids...? They had to walk up a long driveway to get to his house. Why did they think they could waltz right into that house and why would they want to? It's a run-down looking thing.
Munsoned
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11/28/2012 09:47 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Yeah that's pretty fucked up. Why the fuck didn't she run away? If you break into someones house, you take the risk of being shot, but this goes beyond self defense. The guy is insane.
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Anonymous Coward
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11/28/2012 09:47 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
This is one hell of a mess I wonder if he has killed before.
Anonymous Coward
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11/28/2012 09:48 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
unreasonable force =guilty of murder

i don't disagree that he was perfectly entitled to shoot both of them once -but after that he should have called the police and left it to them

vengence is/was not his
Anonymous Coward
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11/28/2012 09:51 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Oh shiz they were black? This is Minn. Now I totally understand.
Apocalypse Troll
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11/28/2012 09:53 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
If I see two figures in my house that don't belong there, I have every right to assume they are there to kill me and therefore I will shoot them in the face.
attxflag
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Simple_Man

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11/28/2012 09:55 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
I believe in a home owners right to defend himself , family and his property by lethal force but....

This guy went way to far .....

He's going to have to pay for his actions....no excuses for what He did

Last Edited by Simple_Man on 11/28/2012 09:56 AM
bridak

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11/28/2012 09:56 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
If you break in someones house you must assume that you will get shot and might die because people will be afraid and will probably over react. When the burglars are down and you realize what is going on, if you decide to shoot them in the head at repetition then you must go to jail because you're a little wacko :)

He is going to jail for sure and for a very long time i would say.
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BioReaper
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11/28/2012 09:56 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
This story reeks. She laughed at a man holding a gun on her? Please.
"Blood and destruction shall be so in use And dreadful objects so familiar That mothers shall but smile when they behold Their infants quarter'd with the hands of war"
Fred
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11/28/2012 10:01 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
The initial shots where clear self defense. You are in clear fear for your life from home invaders. He should have called 9/11 not continued shooting once safe.
Anonymous Coward
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11/28/2012 10:07 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
He didn't call the cops right away so he could get rid of his grow op, the reason the teenagers broke in in the first place! My theory anyway! And yes, it was very excessive what he did.
 Quoting: Anonymous Coward 1305582


Yes, there is more to this than the tidbits in the MSM news release. You can bank on it.

However, any way you slice it, he went beyond the 'reasonable man' test.
ZeuZ

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11/28/2012 10:09 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
NOT YOUR FUCKING PROPERTY!

This story is great if the gun powder residue, blood splatter, and the bullet holes all line up with his story. Those .223 rounds are gonna go through a few walls. I'm all for .22lr as a self defense round, but if you are going to use it, get the right ammo.

If he would of had a 10/22 with a BX-25 and some CCI Stinger rounds, do you think he would be in jail?
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Big Richard
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11/28/2012 10:10 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Solution....don't enter someone's house without an invitation and you won't be shot or killed. Break into my house and you will be killed, not wounded. That way the criminal will never do it again and taxpayers will save a fortune in prosecution and imprisonment costs.
ZeuZ

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11/28/2012 10:10 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
NOT YOUR FUCKING PROPERTY!

This story is great if the gun powder residue, blood splatter, and the bullet holes all line up with his story. Those .223 rounds are gonna go through a few walls. I'm all for .22lr as a self defense round, but if you are going to use it, get the right ammo and be accurate.

If he would of had a 10/22 with a BX-25 and some CCI Stinger rounds, do you think he would be in jail?
 Quoting: ZeuZ

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for tomorrow,
you may die.
Anonymous Coward
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11/28/2012 10:12 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
What say you? Justified self-defense, or cold blooded murder? I don't consider a "nice, clean finishing shot" to an incapacitated teenage girl's head to be "self defense". This fucker I think should get what's coming to him with the murder 2 charge. Sure the teens shouldn't have broken into the guy's house but one shot, fall down the stairs, and call the fucking cops, don't blow their fucking heads off motherfucker!
 Quoting: strikeforce1


If you only injure them they will sue and take your house...but he screwed up in many ways...he should have killed them and called the cops and claimed self defense...
 Quoting: BRIEF


+1
FFS
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11/28/2012 10:14 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
I've got to say, if you break into someones house you deserve whatever you get. If they didn't break into his house they would still be alive. It really is as simple as that.

I'd do the same over here, although i'd have to use a crossbow as our last bunch of useless law makers decided we weren't allowed to defend our homes, against scum who try and take what they cant be arsed to earn.

Funny as how does the saying go...An Englishmans home is his castle.
ZeuZ

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11/28/2012 10:15 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
It kind of sounds like a jab at Ruger...
sockpuppet"Their guns aren't that good, stop buying them..."
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strikeforce1 (OP)

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11/28/2012 10:15 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
This story reeks. She laughed at a man holding a gun on her? Please.
 Quoting: BioReaper


Aw c'mon, the killer hisself said it's so, so it must be true...
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Anonymous Coward
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11/28/2012 10:17 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
What say you? Justified self-defense, or cold blooded murder? I don't consider a "nice, clean finishing shot" to an incapacitated teenage girl's head to be "self defense". This fucker I think should get what's coming to him with the murder 2 charge. Sure the teens shouldn't have broken into the guy's house but one shot, fall down the stairs, and call the fucking cops, don't blow their fucking heads off motherfucker!
 Quoting: strikeforce1




I'm with you on that^^^...The dumbass also waited till Sat. to report it....

he gets whats coming to him.
Anonymous Coward
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11/28/2012 10:18 AM
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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Sickening. Gun down a teenage girl and then put the gun underneath her chin and kill her? Dirty scumbag needs to rot away. I am all for self defence but self defence is NOT a licence to kill. This guy sounds like a psycho who thought he had an opportunity to clench his sadistic desire to kill people. No sane person wants to kill a person, ever. You might fire at them out of fear but it takes a special kind of mentally disabled person to then walk up to a gunned down kid and shoot him in the face. This was not the Mexican drug cartel we are talking about. Just 2 kids doing some stupid shit. Yeah if you break into someone's house you take the risk of being shot but again, self defence is NOT a licence to kill.
Ralph--a house dog

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11/28/2012 10:19 AM

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Re: Justified or not? Homeowner shoots in cold blood, kills two teens in home break-in
Yeah that's pretty fucked up. Why the fuck didn't she run away? If you break into someones house, you take the risk of being shot, but this goes beyond self defense. The guy is insane.
 Quoting: Munsoned


I think a Post Traumatic Stress defense is likely by his attorney. Read in one article that he had been burglarized, robbed or whatever 8 times. Could have been many odd thoughts going through his head during the whole incident.
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