Minnesota homeowner's interview played at trial

[Judi Lynn]

Source: Associated Press

Minnesota homeowner's interview played at trial
By AMY FORLITI, Associated Press | April 21, 2014 | Updated: April 21, 2014 7:29pm

LITTLE FALLS, Minn. (AP) — The day after a Minnesota man killed two teens who entered his home, he matter-of-factly described the shootings in chilling detail, telling authorities he finished off one teen with a shot under her chin because a .22-caliber "doesn't go through bone very well," according to an audiotaped interview played in court Monday.

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 killings rocked the small central Minnesota city of about 8,000 and stirred debate about how far people can go in defending their homes.

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

"He became frightened and scared to live in his own home," said Smith's attorney, Steve Meshbesher, later adding, "He began to wear a holster and pistol in his own house. That is how afraid he is, and became."


Read more: http://www.chron.com/news/crime/article/Minnesota-homeowner-s-interview-played-at-trial-5417151.php

[jtuck004]

1. "He shot her, and when he tried to "finish her off" his rifle jammed and she laughed, he said."

...
"I just pulled out the 22 and I shot her," he told authorities. He said he then pulled her into the workshop, but she was still gasping, so "I did a good, clean finishing shot and she gave out the death twitch."

He said he didn't call police because the teens were already dead and "just cause my Thanksgiving is screwed up I don't need to screw up yours." The next day, he asked a neighbor to call police.

Smith is a retired security engineer for the U.S. Department of State. Kifer and Brady were cousins. The two were well-known in the community, and both were involved in sports.
...

A good, clean finishing shot? WTF century does this guy live in? (I've met folks like him before, but still...). And he worked for the State Department. I am guessing it wasn't handing out cookies.

This assassin, matter-of-factly, needs to have his ass in jail.

[MrModerate]

2. In jail forever. n/t

[secondwind]

3. DAMN, this man is soulless ...... this was premeditated, no doubt about it.

[MrScorpio]

4. Gawd damn, that's cold blooded

I don't think for one second that he was afraid.

He was simply biding his time, waiting for the opportunity to make some bones.

[rocktivity]

5. He showed intent, not premeditation -- second degree murder would be better

Last edited Tue Apr 22, 2014, 02:09 PM - Edit history (3)

He had a right to defend himself from someone breaking into his home, so I don't think they'll win on pre-meditation. But I don't understand why he didn't call the police right after shooting Brady, or why Kifer didn't hear Brady being shot. How many minutes later did she enter the basement?

Smith told authorities he saw Brady begin descending the basement steps, then fired once Brady's hips came into view. Brady fell. "He's looking, facing up at me, and I shoot him in the face. I want him dead," Smith told investigators. Smith said he put Brady's body on a tarp so he wouldn't get blood into his carpet, dragged it into his workshop, reloaded his rifle and sat down.

Smith described feeling adrenaline, and "blood was pounding in my ears." He said he also felt he was being ganged up on, something he called one of his "red buttons." So when he saw Kifer come down the stairs minutes later, "I killed her too."

He shot her, and when he tried to "finish her off" his rifle jammed and she laughed, he said."I just pulled out the 22 and I shot her," he told authorities. He said he then pulled her into the workshop, but she was still gasping, so "I did a good, clean finishing shot and she gave out the death twitch."

On edit: According to this local report, "Smith is also charged with two counts of second-degree intentional murder because the first-degree charges could be hard to prove." It would have to be proven that Smith was expecting the burglars -- or did they just happen to show up on the very night that he happened to get ready for them?


rocktivity

[Thor_MN]

6. Why didn't he call the police when he heard the window break?

The defense is trying to play up how scared he was. So scared he apparently was unable to use a phone, but he was able to operate a rifle and pistol to fatal effect.

'He said he also felt he was being ganged up on, something he called one of his "red buttons."'

Paranoia and firearms go hand in hand. Yet gun enthusiasts will swear that they are not afraid of anything. This is the result. He should have called the police when they broke the window and they would have gone to prison for B&E, instead of the morgue, and he would be in his basement reading a book, instead of jail.

[Lurks Often]

7. Guilty of two murders, what count will depend on how the state's law is written

Shooting 2 people when they are on the ground is usually murder unless you prove they were still armed and still trying to hurt you.

Whether the jury will find him guilty of murder is another story, that'll depend on the lawyers involved, all the other evidence we're not aware of and if the jury decides to say to hell with it, the kids got what they deserved.

[Evasporque]

17. the fucker lured them in and killed them. He is a monster....

what motive did the kids have to be in his home?

[rocktivity]

20. That would explain why he moved his truck, set up an armed camp in his basement

and didn't call the police right after killing the first burglar. And that would be grounds for premeditated laying-in-wait Murder One.


rocktivity

[ManiacJoe]

26. Lured is probably not the word you are looking for.

[Gormy Cuss]

18. Perhaps this is where the intent comes in:

On that day, he moved his truck away from his house, sat in his basement "and he waited," Wartner said.

"He's down in the basement, in a chair, tucked between two bookcases at the bottom of the stairs. He said he was down there reading a book ... with his Mini-14, a .22-caliber revolver, some energy bars and a bottle of water," Wartner said.

Moving his truck away to give the appearance that no one was home and waiting in the basement with guns and snacks to kill the time. Sounds like good hunting technique.

[Javaman]

8. just another sociopath with guns. nt

[Adrahil]

9. Wow. This dude needs to rot in jail.

I own guns. I like guns. This dude is a freaking sociopath.

[sybylla]

10. Something doesn't sound right about his story.

It's straight out of a stupid white teenage horror movie. The one kid goes down stairs and two shots are fired. Why the hell would the other teenager go down stairs at that point? Why the hell wouldn't she run?

I'm guessing that this might have something to do with the charge of premeditation.

[Kelvin Mace]

11. He'll probably go to jail since

it isn't Florida and the victims were white.

Probably.

[jwirr]

12. A clean finishing shot. That is a statement that hunters apply to animals not human beings. He needs

a life sentence.

[frylock]

14. ooooooooohhh looky here

[TygrBright]

15. Yeah. Whatever they were doing, they obviously deserved to die for it.<---sarcasm n/t

[Gormy Cuss]

19. No one's asking that because it's a given that they were breaking in.

There's even strong suspicion that they did it before, which is why the asshole was waiting to shoot them in the basement.
Absent from the story is any hint that he was defending himself.

[rocktivity]

21. My question is, did Smith KNOW they were going to show up?

Was he in the habit of moving his truck and setting up an armed camp in his basement EVERY night -- or did he do it just that one time and got "lucky?"


rocktivity

[gopiscrap]

16. This sounds about right

most gun owners have this same mentality. Why else would you own a gun?

[rocktivity]

23. Apparently, he RECORDED the whole thing!!!

Last edited Tue Apr 22, 2014, 06:43 PM - Edit history (3)

From KMSP-TV:

Prosecutors told the jury they will hear the full audio recordings taken as Haile Kifer and Nick Brady broke into Smith homes, as well as recordings of the deadly shootings.

RECORDINGS? Well, Smith is the only person who could have done the recording. It's looking more and more like he was expecting "company," which would make a Murder One charge more appropriate.

The judge called attorneys for both sides into his chambers Monday morning, just minutes before opening statements were set to begin, raising the question of whether a plea deal may be in the works....

Has a psychological evaluation been done on this guy? The way things are going, it's diminished capacity that should be discussed!

rocktivity

[Judi Lynn]

27. Astonishing. Who could do that? Thanks. n/t

[raccoon]

24. Byron Smith sounds like one trigger-happy, crazy killer.

Smith said he put Brady's body on a tarp so he wouldn't get blood into his carpet, dragged it into his workshop, reloaded his rifle and sat down.

WTF??

He said he didn't call police because the teens were already dead and "just cause my Thanksgiving is screwed up I don't need to screw up yours." The next day, he asked a neighbor to call police.

WTF?? That is inexcusable!

[NickB79]

25. Little Falls was such a nice town when I was a kid

Grew up 15 miles from there, and we'd go once a week for shopping since it was the closest thing to a big city for 50 miles.

Now that a lot of local businesses have closed, I hear its really gone downhill

[rocktivity]

28. Chilling audio of Little Falls shootings

The recordings pick up as 17-year-old Nick Brady breaks in. A a window shatters, then a couple of extra pieces of glass are broken out. Footsteps can be heard in the house, and he heads for the stairs. Boom.

Brady is hit. He lets out a groan as he tumbles down the stairs. Two more booms sound -- quick, fast and lethal. “You’re dead,” Smith says.

Next, Smith can be heard working with his tarp, then reloading.

For some 11 minutes, Smith says nothing else. There’s some heavy breathing and some movement in the house, maybe coming and going from the basement. But then, there are more footsteps inside the house – this time from 18-year-old Haile Kifer.

Her footsteps travel to the same basement stairs where Smith was waiting, and another piercing boom sounds from the rifle. Haile lets out an “Oh God” as she tumbles. Smith’s rifle then jams. He says, “sorry about that” as Haile emits what sounds like a faint sigh.

Smith then unloads the .22 revolver, muttering “bitch” while shooting several more times. Before the recording stops, moments later, there’s one last gunshot. This is what Smith termed a “good, clean finishing shot” as Kifer appears to still be barely alive.

Source: KMSP-TV

How did Smith know that Brady wasn't alone? Why didn't he call the cops right after he shot Brady? Did Kifer hear the shots, and if she did, why didn't she escape or call the cops? How did Brady and Kifer know that Smith wasn't supposed to be home? He must have lured them there on some pretext (a dope deal?). Maybe I was too quick to conclude that second degree murder was the most they could hope for.


rocktivity

[rocktivity]

29. GUILTY of Murder One

Last edited Sun Aug 31, 2014, 07:31 PM - Edit history (2)

Byron Smith gets life sentence for murdering Little Falls teens

A Morrison County (MN) jury found Byron Smith guilty of premeditated murder. The jury of six men and six women deliberated for about three hours Tuesday in deciding that fate of the 65 year old Smith, who shot 18-year-old Haile Kifer and 17-year-old Nick Brady after they broke into his home on Thanksgiving Day in 2012.

After the verdicts...Judge Douglas Anderson handed down concurrent life sentences...without the possibility of parole...

In closing arguments Tuesday, Orput hammered home the idea that Smith, 65, plotted the killings of the intruders as they descended his basement steps about 10 minutes apart on that fateful Thanksgiving Day in 2012. After repeated break-ins to his home and his adjacent property throughout that fall, Smith set up an ambush, the prosecutor argued...

I still say they were lured there somehow -- I still don't believe that the night they showed up just happened to be the night he barricaded himself. Glad the jury wasn't fooled -- and that the prosecution doesn't have to prove motive.


rocktivity