MN: 65 YO man sentenced to life for killing two teenage burglers in his home

[philip964]

https://www.usatoday.com/story/news/nat ... s/8480047/

He had been robbed before.

He spoke to police after he shot and killed the two intruders in his house.

Prosecutors said he went hunting. Baited the house. Even had a deer blind.

[parabelum]

https://www.usatoday.com/story/news/nat ... s/8480047/

He had been robbed before.

He spoke to police after he shot and killed the two intruders in his house.

Prosecutors said he went hunting. Baited the house. Even had a deer blind.

I presume without his lawyer present, who would likely have advised him to keep his yap shut.

[rotor]

3 year old story. Lesson to be learned, don't talk too much.

[parabelum]

I know it's old story, and this is from Wikipedia so there's that, but if true, I think that the verdict was just.

"On November 22, 2012 (a Thursday), Kifer and Brady broke into Smith's home. Video surveillance captured the teens casing the property prior to the break-in.

By his own account to police, Smith was in the basement when 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.

Smith then waited until Friday to have a neighbor call police, saying that he did not want to bother law enforcement on Thanksgiving.


Audio and video of the events were recorded by Smith's security system."


https://en.m.wikipedia.org/wiki/Byron_D ... h_killings

[rotor]

Perhaps the verdict was just. I remember reading about this years ago and wondered how it would play out in Texas. The guy had been broken into before, guns were stolen and essentially his castle had been invaded. If this happened to you what would you do? Invest in a high tech security system, place guns in different parts of the house to be able to fight back if someone broke in. The prosecutor pointed to the victim baiting and setting a trap as if hunting. From the media accounts that may well have been true. People change though after their home has been broken into and you have a tremendous loss of security. I have had my house broken into before and know the feeling. You are never the same, therefore Castle laws. These teens, assuming they were the same burglars, perhaps did more than just steal, they may have psychologically destroyed this man. Who knows? He may have always been a paranoid nut. In any event the teens, if law enforcement had been called in, would have ended up with a slap on the wrist. Their mistake was thinking they had easy prey and they were the predators. The homeowner was not a sheep to be slaughtered though and they payed the price. If he had not been so vocal about his actions he probably would have gotten off. "Two people broke into my house, I was sure they had my guns and would kill me and I shot them in fear of my life". That's what a "normal" homeowner would say I think. This guy may have been normal at one time but no longer. Is he paranoid because of previous break ins or is he just a paranoid nut? Sent to jail though for being a wolf in sheep's clothing.

[carlson1]

This is old also and kind of long, but a GREAT reminder.

[G26ster]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

[WildBill]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

This case was not about the Castle Doctrine or Stand Your Ground.

[rotor]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

I believe the prosecution knew all this because he told them. As I said, was he a normal guy that went nuts because he had been broken into or was he already a paranoid nut? Why would a normal person blab his way into jail? He could have stuck with "I thought they were armed and going to kill me and I shot until I thought the threat was over." Just wonder how it would have played in Texas. Especially if the jurors had had their homes broken into. All academic. Does anyone feel sorry for the dead crooks?

[parabelum]

Well, suppose we can wrap this one up. The original post just popped up.

http://texaschlforum.com/viewtopic.php? ... 0&start=75

[parabelum]

This is old also and kind of long, but a GREAT reminder.

That is excellent! I just watched it in its entirety. Ought to be a sticky of some sort. Very good advise! Thanks.

[WildBill]

Does anyone feel sorry for the dead crooks?

Yes

[G26ster]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

I believe the prosecution knew all this because he told them. As I said, was he a normal guy that went nuts because he had been broken into or was he already a paranoid nut? Why would a normal person blab his way into jail? He could have stuck with "I thought they were armed and going to kill me and I shot until I thought the threat was over." Just wonder how it would have played in Texas. Especially if the jurors had had their homes broken into. All academic. Does anyone feel sorry for the dead crooks?

Possibly, until I read this:

Audio and video of the events were recorded by Smith's security system.

Also, I don't believe a person who had their homes broken into would have made it on to the jury, at least not if the defendant had a decent lawyer.

"Does anyone feel sorry for the dead crooks?"

Yes, I do, because burglary should not carry the death penalty, no matter who imposes it.

[rotor]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

I believe the prosecution knew all this because he told them. As I said, was he a normal guy that went nuts because he had been broken into or was he already a paranoid nut? Why would a normal person blab his way into jail? He could have stuck with "I thought they were armed and going to kill me and I shot until I thought the threat was over." Just wonder how it would have played in Texas. Especially if the jurors had had their homes broken into. All academic. Does anyone feel sorry for the dead crooks?

Possibly, until I read this:

Audio and video of the events were recorded by Smith's security system.

Also, I don't believe a person who had their homes broken into would have made it on to the jury, at least not if the defendant had a decent lawyer.

"Does anyone feel sorry for the dead crooks?"

Yes, I do, because burglary should not carry the death penalty, no matter who imposes it.

Had these burglars broken into your house at night while you were there what would have been the outcome? Unfortunate that 2 teens were killed but they made their choice. In Oklahoma 3 people killed after breaking into a house. Guy used an Ar-15. Are we upset?

[WTR]

If he had not been so vocal about his actions he probably would have gotten off.

I seriously doubt that, because:

"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.

That last act alone is enough for murder in my eyes. MHO.

I believe the prosecution knew all this because he told them. As I said, was he a normal guy that went nuts because he had been broken into or was he already a paranoid nut? Why would a normal person blab his way into jail? He could have stuck with "I thought they were armed and going to kill me and I shot until I thought the threat was over." Just wonder how it would have played in Texas. Especially if the jurors had had their homes broken into. All academic. Does anyone feel sorry for the dead crooks?

Possibly, until I read this:

Audio and video of the events were recorded by Smith's security system.

Also, I don't believe a person who had their homes broken into would have made it on to the jury, at least not if the defendant had a decent lawyer.

"Does anyone feel sorry for the dead crooks?"

Yes, I do, because burglary should not carry the death penalty, no matter who imposes it.

Had these burglars broken into your house at night while you were there what would have been the outcome? Unfortunate that 2 teens were killed but they made their choice. In Oklahoma 3 people killed after breaking into a house. Guy used an Ar-15. Are we upset?

I believe there is a huge difference between HD and a planned execution.