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Minnesota Man Accused of Murdering Teens Who Entered His Home
yahoo.com/ ^ | 4/22/14 | By GIO BENITEZ

Posted on 04/22/2014 6:21:59 PM PDT by GrandJediMasterYoda

Minnesota Man Accused of Murdering Teens Who Entered His Home By GIO BENITEZ

The trial against a 65-year-old man accused of murdering two teens who entered his home is underway in Minnesota, stirring debate about how far people can go in defending their homes. Byron Smith, a retired security engineer for the U.S. Department of State, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 16, on Thanksgiving Day 2012. The killings rocked the small city of Little Falls. Prosecutors say Smith was sitting in his basement when he heard a window breaking upstairs. When Brady started walking down the basement stairs, Smith shot him twice. Then, according to court documents, Smith shot Brady a third time in the face, allegedly telling investigators, “I want him dead.”

(Excerpt) Read more at gma.yahoo.com ...


TOPICS: Chit/Chat
KEYWORDS: bang; breakingandentering; defenseofproperty; guns; propertyrights
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Come now, you must shoot burglars with compassion!
1 posted on 04/22/2014 6:21:59 PM PDT by GrandJediMasterYoda
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To: GrandJediMasterYoda

For later


2 posted on 04/22/2014 6:24:35 PM PDT by Doctor 2Brains
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To: GrandJediMasterYoda

Is self defense now defined as murder?


3 posted on 04/22/2014 6:24:35 PM PDT by afraidfortherepublic
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To: afraidfortherepublic

It doesn’t say it in this article being that it’s ABC, but his house was burglarized 4 times before.


4 posted on 04/22/2014 6:25:29 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

why make such a statement to anyone? geez. no reason to.


5 posted on 04/22/2014 6:25:47 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: GrandJediMasterYoda
They won't do that again.

Guy needed to remember "I was in fear for my life. I want my lawyer".

/johnny

6 posted on 04/22/2014 6:26:54 PM PDT by JRandomFreeper (Gone Galt)
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To: GrandJediMasterYoda

This is from Wikipedia for those who want the WHOLE story...

“Morrison County Sheriff Michel Wetzel believed the teenagers were burglarizing Smith’s residence Thanksgiving Day.[3] Brady’s sister claimed Brady stole drugs from her home August 28 in a case that was still under investigation.[4] Evidence recovered from the car driven by Brady was linked to a burglary of the residence of a retired teacher the night before he and Kifer were slain by Byron Smith.[5]”

http://en.wikipedia.org/wiki/Byron_David_Smith_killings


7 posted on 04/22/2014 6:27:32 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda
Looks like I'd vote “not guilty” if I was on that jury.
8 posted on 04/22/2014 6:27:51 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: GrandJediMasterYoda

Maybe it’s going a bit far. But if you break into a house by actually breaking a window, then you’re really asking for it.


9 posted on 04/22/2014 6:28:05 PM PDT by Cicero (Marcus Tullius)
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To: GrandJediMasterYoda
Minnesota Man Accused of Murdering Teens Who Entered His Home

Come now, you must shoot burglars with compassion!

Yup, that's what libs and the GOP-e do with those who entered our country illegally.

10 posted on 04/22/2014 6:29:30 PM PDT by Vision Thing (obama wants his suicidal worshipers to become suicidal bombers.)
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To: afraidfortherepublic
not all these "man defends castle" stories are the same....in this one, the man waited to be broken into...and he not only stopped the unarmed teens, with one shot to each, he executed them....

not buying it....he's probably an arrogant old pr*ck....

11 posted on 04/22/2014 6:29:55 PM PDT by cherry
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To: GrandJediMasterYoda

It’s absurd. A decent attorney should be able to show that he meant by those words “I want him stopped”. Making him dead was the means he had at his disposal.


12 posted on 04/22/2014 6:31:33 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: cherry

I am with you, the guy was waiting for them


13 posted on 04/22/2014 6:33:37 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: GrandJediMasterYoda

“I want him dead.” = guilty


14 posted on 04/22/2014 6:34:40 PM PDT by 1010RD (First, Do No Harm)
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To: Secret Agent Man

If this is accurate, he made really stupid comments to investigators. Bet they recorded it.

My guess he did this because he was just sick and tired of being a victim of crime, being broken into and violated.

Regardless, that is not the kind of thing you say to investigators.


15 posted on 04/22/2014 6:34:53 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: GrandJediMasterYoda

This DA needs to lose this case, and publicly. Burglars need to live on fear of homeowners, not the other way around.


16 posted on 04/22/2014 6:34:58 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: GrandJediMasterYoda

Not having been there AND the shooter making a ‘Rookie Prosecutors’ case by ‘running his mouth’ just shows that one should ‘Put a Zipper on it’ when talking after the fact.

Hard saying what he may have said during the preliminary interview, but he does seem to have made a couple of damning shots although the 2nd idiot coming down the stairs would lead one to believe she though here ‘partner’ shot the homeowner.

Always must remember “What you say can and WILL be held against you” just doesn’t apply to the ‘bad guy’.

About the ONLY reaction you want to show is SHOCK without saying ‘I didn’t want to do it’ or even ‘I didn’t have a choice’. Ask for a Doctor - in fact request an ambulance when you call 911 as you definitely are in ‘shock’.

Only person you want to talk to is YOUR LAWYER or ANY LAWYER assigned to you. THEY will be your mouthpiece.

And at 66 this guy could qual with a ‘fake heart attack’ to allow him to be taken from the scene early.


17 posted on 04/22/2014 6:35:14 PM PDT by xrmusn ((6/98 --"I would agree with you BUT that would make both of us wrong".))
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To: GrandJediMasterYoda

You can’t murder people, and any sane person knows that, we also went through this with Jerome Ersland, the Oklahoma Pharmacist.
You can shoot them, and you can kill them, but you cannot finish off the wounded just to express yourself.


18 posted on 04/22/2014 6:35:18 PM PDT by ansel12 ((Libertarianism offers the transitory concepts and dialogue to move from conservatism, to liberalism)
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To: Ramius

...live IN fear of....

Sorry


19 posted on 04/22/2014 6:35:42 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: GrandJediMasterYoda

Here’s another article on it. To me it sounds like the guy got sick and tired of his house being burglarized..

http://www.startribune.com/local/256189861.html


20 posted on 04/22/2014 6:36:18 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

My definition of self-defense is exceptionally broad. You trespass on a man’s property, all bets are off. Who knows what you might be planning? A homeowner is entitled to take precautions. And a coup de grace may sometimes be precautionary ... you know: if you are in fear for your life.


21 posted on 04/22/2014 6:36:34 PM PDT by ClearCase_guy
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To: GrandJediMasterYoda

“two teens who entered his home”

They didn’t just enter his home, they broke a window to get in. He had reported break ins at his home previously to the police. The two had previously broke into several homes.


22 posted on 04/22/2014 6:36:45 PM PDT by detective
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To: cherry

Just like I am waiting for some dumb bastard to break into my house and mean no good will to me or mine. It wont be in the report that, “I wanted them dead”, but that is the specific idea when I pull the trigger.’

Call it premeditation if you want to, but if I were you, I would not break into my house.


23 posted on 04/22/2014 6:37:42 PM PDT by Delta 21 (Its my freedom. YES. I will be keeping it.)
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To: dragnet2

yup.


24 posted on 04/22/2014 6:37:43 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: GrandJediMasterYoda

Guilty as sin, depraved

http://abcnews.go.com/US/minnesota-teens-killed-burglarizing-home-laid-rest/story?id=17857032


25 posted on 04/22/2014 6:38:27 PM PDT by yldstrk ( My heroes have always been cowboys)
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To: cherry
not buying it....he's probably an arrogant old pr*ck....

I'm an old arrogant pri^k...

I'll still shoot anyone who comes into my castle. The drop gun will be next to him.
26 posted on 04/22/2014 6:39:22 PM PDT by jy8z (When push comes disguised as nudge, I do not budge.)
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To: cherry

(MN) Defending your home: your rights as a homeowner

http://www.freerepublic.com/focus/f-news/3092388/posts

the law is not on his side here.


27 posted on 04/22/2014 6:39:46 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: cherry

Did he LURE the teens into breaking his window and entering his house? How can they charge him with PREmeditated murder unless he committed an act that would ensure that the teens would break in?

I’m sorry that the teens are dead, but they are at fault -— plain and simple.

This story could just have easily been about a 69 year old man beaten to death in his own basement by a pair of teen-aged burglars.


28 posted on 04/22/2014 6:40:29 PM PDT by afraidfortherepublic
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To: afraidfortherepublic

IIRC the guy performed a coup de gras on the girl after he had injured her, then foolishly talked to the cops before speaking with a lawyer. They got statements out of him that indicate he shot them after he was out of danger.


29 posted on 04/22/2014 6:40:33 PM PDT by RightOnTheBorder
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To: ClearCase_guy

My thoughts exactly. These people who are saying “Oh he shouldn’t have finished them off.” Have they ever seen someone get shot? It isn’t like the movies. People can get shot once, even multiple times and still be perfectly capable of pulling out a gun and pulling the trigger. This guy wanted them dead to make sure he was safe, and he had every right to do that! What’s the alternative? The alternative is you risk losing your life. Why take that risk? Screw that. These two punks deservred everything they got.


30 posted on 04/22/2014 6:41:57 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

Premeditated murder? Did he invite them into the house with the intent of murdering them?


31 posted on 04/22/2014 6:42:13 PM PDT by Gamecock (The covenant is a stunning blend of law and love. (TK))
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To: yldstrk
I am with you, the guy was waiting for them

So what if he was? He'd been broken into four times already. Seems to me it's about time he got cut a little slack.

32 posted on 04/22/2014 6:42:51 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: GrandJediMasterYoda

Perhaps it would have been prudent for him not to make that statement, but I don’t have a problem with him killing them IF he still felt his life was in danger.

Sooner or later this country will devolve to a lawless society where actions such as his will be the norm and will be tolerated, IMO. The impotence and indifference towards law abiding citizens by many in our our law enforcement agencies along with the arrogance and inequality now inherent in our legal system will mandate this eventuality, IMO.


33 posted on 04/22/2014 6:43:54 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: GrandJediMasterYoda

So I wound both of them and latter they kill me and escape scott free. HHHHMMMMMMMM………...


34 posted on 04/22/2014 6:44:17 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: dragnet2
That is a pretty good paraphrase of exactly what he said. After being read his rights.

My guess he did this because he was just sick and tired of being a victim of crime, being broken into and violated.

35 posted on 04/22/2014 6:44:21 PM PDT by DManA
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To: yldstrk; cherry

So, according to you, the guy is guilty because he took means to protect life and property!!!!

This wasn’t his first break in.....

Really curious what you two would do if some punk kids tried this with your house.

Maybe there are a whole bunch of us getting tired of perps being mollycoddled by the system.


36 posted on 04/22/2014 6:46:55 PM PDT by Guenevere
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To: ansel12

Ridiculous. I wound them both but they over-power me anyway and kill me. And they escape scott free. Gee, maybe I should have just offed these two POS and shut up! You break in my house,….YOU DIE!


37 posted on 04/22/2014 6:47:28 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: GrandJediMasterYoda

The prosecutor is alleging he took one too many shots?

I’d be neck deep in Kimchee.

There would be at least one empty mag if it were me.


38 posted on 04/22/2014 6:48:17 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: TurboZamboni

Duty to retreat, absolutely ridiculous. Retreat while the homeowner gets a bullet in the back of the head or gets held at gunpoint while his wife and kid are raped. This would have been quite a different story if these two punks were found with guns on them or were suspected in a home invasion murder.


39 posted on 04/22/2014 6:49:22 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: afraidfortherepublic

If I were a juror I’d discount what he said to cops as being under some duress, just by virtue of the stress of the incident. Things said under those heated conditions shouldn’t carry any special weight. If anything.... Things said to police immediately after events should be given a lesser priority. They’re usually wrong anyway.


40 posted on 04/22/2014 6:50:47 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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To: afraidfortherepublic
It was not self-defense.

When one intruder is on the ground unconscious and bleeding out, and the other is gurgling on her own blood on your floor, you have already successfully defended yourself.

When your next step is to not call 911, but to go to another room, find another weapon, and then finish them off at point blank range, then you have crossed the line into a murdering psycho.

41 posted on 04/22/2014 6:54:57 PM PDT by wideawake
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To: GrandJediMasterYoda

The question is whether he crossed the line from self-defense to execution. According to the DA he was waiting, they were unarmed, did not surprise him, made no attempt to harm him, and then he drug the bodies across the floor, putting finishing shots into their heads, I really don’t know if a jury is going to believe self-defense if those are the facts.


42 posted on 04/22/2014 6:55:27 PM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead...)
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To: GrandJediMasterYoda
So he says. But he never bothered to report any of those other burglaries.

No way he's a liar - he probably just felt bad for his insurance company and didn't want them to be stuck on the hook for replacing his stolen stuff.

43 posted on 04/22/2014 6:56:31 PM PDT by wideawake
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To: yldstrk
As Kifer gasped for air, Smith dragged her body next to Brady's, according to the complaint, and placed a handgun under her chin and fired what he allegedly told police was a "good clean finishing shot" that went "under her chin up into the cranium." Smith kept the bodies in his home overnight, police said, and called neighbors Friday, asking if they knew any lawyers. When the neighbors said they did not, Smith asked them to call authorities, according to the complaint.

he's going away, just not sure for what yet.

44 posted on 04/22/2014 6:59:17 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: xrmusn

In other words
Shoot them
Bury them in the back yard
Shut up about it


45 posted on 04/22/2014 7:00:10 PM PDT by Fai Mao (Genius at Large)
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To: Doc Savage

I don’t want to do it. And I hope I never have to do it. But if someone breaks a window and enters my house I’m not going to fire one round. I’m going to fire at least 3 or 4 rounds. Or at least till I see him fall and not moving.

Remember the expert testified in the Zimmerman trial that a person can live quite a long time even after the heart is removed from the body. I’m not sure the guy would be capable of firing a weapon, but, like I said, I’m not sure.


46 posted on 04/22/2014 7:03:03 PM PDT by VerySadAmerican
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To: cherry

you enter my home uninvited... your life is mine to dispense with as I please

don’t want to be killed... then don’t break into other peoples homes


47 posted on 04/22/2014 7:05:09 PM PDT by sten (fighting tyranny never goes out of style)
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To: GrandJediMasterYoda

Much better to be tried by 12 than carried by 6.


48 posted on 04/22/2014 7:08:24 PM PDT by FrdmLvr ("WE ARE ALL OSAMA, 0BAMA!" al-Qaeda terrorists who breached the American compound in Benghazi)
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To: GrandJediMasterYoda
Jeez.

He's retired State Department security, but he apparently didn't know self-defense law and hadn't heard the old rule, "Shoot, shovel, and shut up!"

His best option was Home Depot bright and early Black Friday. Saws! Contractor cleanup bags! Detergents. Bleach!! (Just ask Detective Fuhrman.) And, of course, silence! Stone wall silence!

The Mississippi runs right by his house.

49 posted on 04/22/2014 7:11:17 PM PDT by cynwoody
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To: GrandJediMasterYoda
Sheriff Wetzel said that the law "doesn't permit you to execute somebody once a threat is gone."[11] Hamline University School of Law professor Joseph Olson: "I think the first shot is justified. After the person is no longer a threat because they're seriously wounded, the application of self-defense is over."[3]

Nope. The second shot was for breaking my window!

50 posted on 04/22/2014 7:11:40 PM PDT by FrdmLvr ("WE ARE ALL OSAMA, 0BAMA!" al-Qaeda terrorists who breached the American compound in Benghazi)
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