MN man, guilty or not guilty

[BDBoop]

I'm kind of surprised he's even being tried. They were IN his HOUSE.

The jurors heard the dramatic audio recordings Tuesday involving the homeowner who said he feared for his life after several previous break-ins.

Byron Smith, 65, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 18, on Thanksgiving Day 2012. The retired State Department security engineer told police that, after the repeated break-ins, he was so fearful that he installed recording devices in his house.

Glass breaking and footsteps could be heard on the recordings. According to Pam Louwagie, a reporter with the Minneapolis Star Tribune, the tapes captured the moments of the fatal shootings.

“The first couple of gunshots you hear are just two loud bangs, and then you hear Nick Brady groaning,” Louwagie said.

After another bang, Smith’s voice could be heard.

“You’re dead,” he said.

“And soon after that, you can hear a tarp rustling, and it sounds like he’s dragging Nick Brady across the carpet,” Louwagie said.

Minutes later, when Kifer went into the basement, perhaps looking for Brady, Smith apparently shot her too, then quickly said, “Oh, sorry about that.”

But, prosecutors said, he didn’t stop there, firing amid Kifer’s screams.

And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?

'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News

 

[BDBoop]

Pictures of the victims at the link below.

"You're dying, b---h.": Minnesota jury listens to chilling audio of man shooting two teen intruders to death - NY Daily News

 

[Skull Pilot]

If I was on that jury I would not vote guilty.

They broke onto his house he had every right to shoot them. Period.

 

[BDBoop]

If I was on that jury I would not vote guilty.

They broke onto his house he had every right to shoot them. Period.

See - that was my take, and more or less remains my take. The only thing I can figure is he essentially disabled them once they'd been shot. He could have called 911 and had them carted away.

He went ahead and killed them.

 

[westwall]

It's a terrible tragedy for the teens, but I too would not convict.

 

[BDBoop]

I'm reading further, and I continue to see why the prosecution is going for the murder charge - but he had already been through several break-ins.

This article actually made me roll my eyes.

Byron Smith, Minnesota homeowner on trial for murder, lay in wait for teen burglars, prosecutor says - CBS News

LITTLE FALLS, Minn. - A Minnesota man on trial for killing two teenagers after they broke into his house planned the killings, and was lying in wait in his basement with a book, some snacks and two guns, prosecutors said Monday. But a defense attorney countered that his client was terrified after several increasingly violent break-ins and hid after hearing a window break and footsteps upstairs.

Again. Really?? How could he know they would be there that night. Did he set them up? Put word out on the street that he just made a large electronics purchase? I am having a great deal of trouble buying this case.

 

[Politico]

If I was on that jury I would not vote guilty.

They broke onto his house he had every right to shoot them. Period.

Of course you wouldn't convict. Question. Would you have used a .22 or something bigger for the clean kill shots?

 

[strollingbones]

i would convict this sob in a heartbeat....yea he has ever right to stop them.....but does he have the right to execute them.....last time i checked b & e is not a death sentence crime.....when he fires that many shots and then simply does a kill shot to each of them....its no longer self defense....its premeditated murder

as a gun owner......i see what he did as horribly wrong...you have a right to self defense but you do not have a right to execute someone who is no longer a threat

 

[strollingbones]

If I was on that jury I would not vote guilty.

They broke onto his house he had every right to shoot them. Period.

Of course you wouldn't convict. Question. Would you have used a .22 or something bigger for the clean kill shots?

my preferred weapon is a single shot .22 loaded with hollow points......but if i feel threatened ....i go to a shotgun loaded with double 00....it may kick but it will put anything in front of me down......as a gun owner.....i realize that you have an adrenaline reaction....and many are taught like me...you dont stop shooting till the man you shot is dead...if you have reason enough to shoot you have reason enough to kill....i have stepped back from that.....i believe once the person is rendered harmless you have to stop....

with that said....my father would have killed them both without hesitation

 

[BDBoop]

Can y 'all please vote?

 

[strollingbones]

why is this not a public poll where we can see who voted how....

i am the single...yes vote

 

[Skull Pilot]

If I was on that jury I would not vote guilty.

They broke onto his house he had every right to shoot them. Period.

Of course you wouldn't convict. Question. Would you have used a .22 or something bigger for the clean kill shots?

I'd have used a 12 gauge loaded with buck shot there wouldn't have been much left to worry about

 

[BDBoop]

why is this not a public poll where we can see who voted how....

i am the single...yes vote

Because some people refuse to vote if the results are public.

 

[Disir]

I think the issue is with the recording device that was said to be left to run out of time.

and this:
BCA Special Agent Chad Museus was also called to the stand. During his testimony, the prosecution played the audio recording of the shooting deaths of 18-year-old Haile Kiefer and 17-year-old Nicolas Brady for the jury.

The audio recording reveals what sounds like glass shattering followed by footsteps down the stairs. The sound of a gunshot is heard followed by a moan from Brady. One final shot is made to Brady as Smith says, “You’re dead.” The audio reveals what sounds like Brady’s body being dragged onto a tarp. There’s about an 11 minute lapse before the audio recorder picks up what is believed to be Kiefer’s footsteps from the upstairs of Smith’s home. A few minutes pass before a Kiefer’s voice is recorded saying, “Nick.” The recorded footsteps get louder and shots are fired again. You can hear Kiefer fall down the stairs and scream. Smith says, “Sorry about that” and “You’re dying” before shooting her again multiple times. After the multiple shots, Smith calls her a “bitch.”


Read More: Jurors In Byron Smith Trial Hear Chilling Audio Of Fatal Shootings [VIDEO] | Jurors In Byron Smith Trial Hear Chilling Audio Of Fatal Shootings [VIDEO]

 

[strollingbones]

why is this not a public poll where we can see who voted how....

i am the single...yes vote

Because some people refuse to vote if the results are public.

so who cares what their pussy asses think? man up and own it...simple as that....

 

[JWBooth]

I vote not guilty.


Note, I didn't say he was innocent.
Little bastards shouldn't have broken into the man's house.

I love the use of the homecoming king and queen pictures attached to the article.

 

[jon_berzerk]

i would vote guilty

based on the limited information presented

 

[editec]

I'm kind of surprised he's even being tried. They were IN his HOUSE.

The jurors heard the dramatic audio recordings Tuesday involving the homeowner who said he feared for his life after several previous break-ins.

Byron Smith, 65, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 18, on Thanksgiving Day 2012. The retired State Department security engineer told police that, after the repeated break-ins, he was so fearful that he installed recording devices in his house.

Glass breaking and footsteps could be heard on the recordings. According to Pam Louwagie, a reporter with the Minneapolis Star Tribune, the tapes captured the moments of the fatal shootings.

“The first couple of gunshots you hear are just two loud bangs, and then you hear Nick Brady groaning,” Louwagie said.

After another bang, Smith’s voice could be heard.

“You’re dead,” he said.

“And soon after that, you can hear a tarp rustling, and it sounds like he’s dragging Nick Brady across the carpet,” Louwagie said.

Minutes later, when Kifer went into the basement, perhaps looking for Brady, Smith apparently shot her too, then quickly said, “Oh, sorry about that.”

But, prosecutors said, he didn’t stop there, firing amid Kifer’s screams.

And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?

'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News

The moment the perps were no longer a threat, and he continued firing at them, he became guilty of premeditated murder.

Had he stopped shooting when they stopped being a threat, he'd be guilty of nothing at all.

How hard is that to figure out, really?

 

[martybegan]

The first shots were 100% legit. They are in his house, there are two of them, and he is an older man. Where he went wrong is the kill shots. I would convict him of manslaughter, not 1st degree murder. There was no pre-mediation, however there was duress. This doesn't excuse the homicide, but it does make it a lesser charge.

If you use a gun, you are responsible for its outcome. If he had just done the initial shots, and they died from those, he would be off the hook. the finishing off shots are the crime.

 

[martybegan]

I'm kind of surprised he's even being tried. They were IN his HOUSE.

The jurors heard the dramatic audio recordings Tuesday involving the homeowner who said he feared for his life after several previous break-ins.

Byron Smith, 65, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 18, on Thanksgiving Day 2012. The retired State Department security engineer told police that, after the repeated break-ins, he was so fearful that he installed recording devices in his house.

Glass breaking and footsteps could be heard on the recordings. According to Pam Louwagie, a reporter with the Minneapolis Star Tribune, the tapes captured the moments of the fatal shootings.

“The first couple of gunshots you hear are just two loud bangs, and then you hear Nick Brady groaning,” Louwagie said.

After another bang, Smith’s voice could be heard.

“You’re dead,” he said.

“And soon after that, you can hear a tarp rustling, and it sounds like he’s dragging Nick Brady across the carpet,” Louwagie said.

Minutes later, when Kifer went into the basement, perhaps looking for Brady, Smith apparently shot her too, then quickly said, “Oh, sorry about that.”

But, prosecutors said, he didn’t stop there, firing amid Kifer’s screams.

And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?

'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News

The moment the perps were no longer a threat, and he continued firing at them, he became guilty of premeditated murder.

Had he stopped shooting when they stopped being a threat, he'd be guilty of nothing at all.

How hard is that to figure out, really?

Pre-meditation requires more than a few minutes or seconds of thinking about killing someone. it involves planning, and an intended target. The kill shots were manslaughter, sure, but not murder 1.