Unless the jury ignores the law, Smith will be convicted. He had no right to kill the teens after they were disabled and posed no threat. The applicable Minnesota Statute states:
609.065 JUSTIFIABLE TAKING OF LIFE
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.
https://www.revisor.leg.state.mn.us/statutes/?id=609.065
In Minnesota, as in every other state, the use of deadly force is allowed only when – at the moment such force is used – the actor has a reasonable belief that he would suffer death or serious bodily injury. Brady had already been shot in the chest and back and was on the floor. At that point no reasonable person would consider him to be capable of inflicting death or serious bodily injury upon Smith. However, Smith fired a final shot to his head:
“Prosecutors say as Brady descended the basement steps, Smith shot him in the chest, then in the back while Brady fell, Wartner said. Smith fired a final shot into Brady's head, the bullet passing through Brady's hand, Wartner said. Smith put Brady's body on a tarp so he wouldn't get blood on his carpet, dragged it into his workshop, reloaded his rifle and sat down again, the prosecutor said.”
The same thing applies to what Smith did to Kifer. She was disabled and gasping for air when Smith shot her in the head:
“Smith dragged Kifer's body into the workshop and laid it on top of Brady's, Wartner said. Smith told investigators he thought he heard Kifer gasping, so he placed his revolver under her chin and fired what he told police was a 'good clean finishing shot to the head,' the assistant prosecutor said.”
Note: the above quotes are from the following site:
Byron Smith, Minnesota homeowner on trial for murder, lay in wait for teen burglars, prosecutor says - CBS News
In addition to the cited statute, case law has further restricted the use of deadly force. I didn't have time to research the Minnesota case law, but here is what one reputable source says:
It is very important to remember that case law has added three additional rules, for a total of four rules that must be followed.
1. Reasonably in fear of death or great bodily harm for yourself or another.
2. Must have reluctantly entered the conflict.
3. Must have no reasonable means of retreat.
4. No lesser force will suffice to stop the threat.
Minnesota Statute 609.056 also provides a separate rule for the use of deadly force when in our “place of abode.” Place of abode refers to your actual dwelling and does not include your land, detached garage, storage shed, etc. This section states that deadly force is allowable “when preventing the commission of a felony” in our home, however, case law has confirmed that the reasonable rule in 609.06 also applies here.
The Aftermath
In the aftermath, you must call 911! It is critical that you report the incident and it is your obligation to seek medical attention if someone is injured!
Use of Force in Minnesota | Blue Line Defense
If I'm sitting on the jury, I would convict the man. Whether it would be first degree murder is beyond the scope of this response.
Emotions may be on Smith's side, but the law certainly is not.
