Skip to comments.Minn homeowner convicted of premeditated murder
Posted on 04/30/2014 7:13:29 AM PDT by armydawg505
LITTLE FALLS, Minn. A Minnesota homeowner who shot and killed two teenagers during a break-in was convicted Tuesday of premeditated murder.
Bryon Smith had claimed he was simply defending himself during the break-in at his home in the small city of Little Falls on Thanksgiving Day 2012. Smith's attorney said the 65-year-old was fearful after previous burglaries.
But prosecutors argued that Smith waited in his basement and intended to kill the teens. A total of nine shots were fired at 17-year-old Nick Brady and 18-year-old Haile Kifer.
Jurors began deliberating Tuesday morning and within three hours had a verdict: Guilty on two counts each of first-degree and second-degree murder. Mothers of the teens cried as the verdicts were read, while Smith showed no emotion. Defense attorney Steve Meshbesher said he would appeal.
The teens' killings stirred debate around the state and in Little Falls -- a Mississippi River city of 8,000 about 100 miles northwest of Minneapolis -- about how far a homeowner can go in responding to a threat. Minnesota law allows deadly force to prevent a felony from taking place in one's home or dwelling, but one's actions must be considered reasonable under the circumstances.
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You are absolutely 100% correct. As a Prosecutor, this is an easy call. This was no different than hunting them down and killing them.
Yeah except they were in his house committing a crime???
The homeowner was defending his property from multiple attacks from these “youths,” and you two insist on calling this “murder?” The homeowner knew these stupid kids would be back, and he knew the police wouldn’t help him defend his property - what was he supposed to do? Issue a strong warning to anyone attempting to break down the door? Those stupid kids refused to learn from their earlier experiences.
Please note the pictures of the two teens.
All sweet and nice.
I get a feeling that we are receiving the ‘travyon’ treatment when it comes to pictures of the criminals.
Except that it took place inside his home.
Defending his property is one thing. Murdering those kids was something decidedly different. It wasn’t as if he caught them by accident in the act. He made the decision to wait for them with the intent to kill them, even though they weren’t armed and putting him in immediate fear for his life, and not turn them over to the police.
It is not what I would normally say, but, in this case, I would like him to get the same treatment.
Additional comments here:
>> This was no different than hunting them down and killing them.
Are you insane?
By preparing an ambush,having a stock of food and water at his ambush position,RECORDING the event, and delaying calling the police, this man insured his conviction.
The jury listening to the recording he made after the killings really couldn’t decide any other way. And it took them just three hours.
He called them not human, vermin. Said he was cleaning up the vomit.
His attorney screwed up not putting him on the stand to explain himself in person.
It was not “hunting them down...” ;it was more like setting a trap for varmints that keep getting in the chickenhouse.But American law and common law doesn’t allow setting lethal traps for humans,no matter the provocation, unless it is a government agency doing the trapping.
But people that are incapacitated are not a threat to you. The girl was shot twice. He drug her over to a tarp and put the gun under her chin and pulled the trigger. That’s murder. Self defense is not just about killing. It’s stopping a threat. If the attacker is killed during the self defense, that’s what makes it ok and legal. If they are injured and can’t move, they are no longer a threat to you. Now it’s time to render aid and call the police. You don’t execute them on the spot. That’s why we have jails and prisons. That’s why we have courts. It’s why the bad guys aren’t arrested and shot in the street.
What smith did was a crime. Yes, the kids shouldn’t have been in his house. But teenage breaking and entering is not a capital offense.
Sad story. It was the proper verdict. Tragic all the way around.
And his "I gave her a good, clean finishing shot" comment probably didn't endear him to the jurors.
In Texas lethal force is legal for crimes of theft by night and other felonies.
He set up a Man Trap at the end of the day, this illegal in all 50 states. While I empathize with his desire to protect his home, be clearly intended to kill, premeditated and planned.
Yep. This story reminded me of the (Oklahoma pharmacist) Jerome Ersland case. You're just not allowed to murder people, even in your own home, even if you're doing society a favor by "cleaning up the vomit."
Life isn't a Charles Bronson film.
I agree he is guilty of murder, but premeditated? I'm not sure I would have gone that far but then I haven't heard all the evidence.
He created a man trap, that’s illegal in all 50 states.
if all he wanted to do was protect his property, tell me, why did he continue to shoot them after they were down and he knew they were unarmed? And why did he wait over a day after he did it to tell anyone? And most of all, why did he bother to record the whole thing for posterity?
This guy’s no hero, he’s a murderer. The folks killed were criminals as well, no defense for them entering his home, but he clearly intended to kill. He set up a trap, premeditated and executed it.
Like it or not, that’s murder in all 50 states.