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.
(Excerpt) Read more at foxnews.com ...
Coroner testified that any of the shots delivered would have been fatal by themselves. The “finishing shot” on the girl is irrelevent.
As I said yesterday, the thieves brought this on themselves. I wouldn’t care if it was Ed Gein’s house they’d broken into... They initiated their own death by invading this guys house, again, and again, and again...
Too bad. There'd be far fewer criminals running around racking up huge rap sheets if it were...
They broke in, he fired, he shot and wounded them both. One thing he shouldn't have done was then to go to the two intruders and deliberately fire kill shots into both of them. That's where the murder comes in.
Oh it was clearly premeditated, he set up a man trap, set up the bait, and waited with full intent to kill, that’s premeditated murder in all 50 states.
This case was open and shut from the get go, anyone who thinks what this guy did was anything less than premeditated murder based on the evidence is fully and completely ignorant of the law.
He didn't know that when he delivered the kill shot. His intent was to end her life.
As I said yesterday, the thieves brought this on themselves. I wouldn’t care if it was Ed Gein’s house they’d broken into... They initiated their own death by invading this guys house, again, and again, and again...
Then charge the two with murder along with the homeonwer.
They broke in, he fired, he shot and wounded them both. One thing he shouldn’t have done was then to go to the two intruders and deliberately fire kill shots into both of them. That’s where the murder comes in.
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I am not sure that is always true. If someone shoots and wounds a criminal and the criminal is moving around who is to say that the criminal isn’t trying to get to his gun to shoot back.
Sorry, its not irrelevant, its completely relevant. Self defense means you defend yourself, not you incapacitate someone drag them somewhere else so they won’t bleed on your carpet then shoot them again, wait a full day before telling anyone.
This guys a murderer, he set up a man trap, and fully intended to kill. That’s illegal in every state of this union and always has been. The level of ignorance of the law being displayed here is amazing.
This was an open and shut case and the right verdict was returned.
What Gun? Are you remotely familiar with this case? He shot them, then physically dragged them to another part of his house so they wouldn’t bleed on the carpet, telling them they were dead as he did it, and shot them again.
They were incapacitated, this was cold blooded premeditated murder, trying to argue otherwise shows a level of ignorance of the law that I would expect at Democratic Underground.
He testified that he thought she was dying anyway and in pain. Coroner backs this up...
If you read the facts of the case you will absolutely change your tune. I did.
If you can walk up to one, place the muzzle of your rifle under her chin, and then pull the trigger then I'd say there wasn't much of a threat from her.
When you are IN YOUR HOME, minding your own business, and someone breaks in intending to rob you... At that point, their lives are forfeit.
Period.
I’d go with murder, not premeditated. He didn’t go hide in their house.
All of the facts? Or just the ones allowed by the “judge”?
So 'putting her out of her misery' is still murder.
He parked his truck several blocks away and turned off all his lights, because he was sure the intruders only entered homes they were certain were empty of people. He also bought tarps to use as shrouds before he moved his truck.
He rearranged the furniture in his basement so he could fire from concealment, and he stayed in his hiding place with his cameras, food, drink, and reading material for at least six hours.
While he was waiting he had audiotape running, in which he could be heard practicing what he would say to the police and to his lawyer.
He had the intruders under video surveillance before they entered the home, and watched them for a long time searching for valuables, which he had already secured down in the basement.
He did not call the police.
When the first teen came down the basement stairs, he fired at him from cover. After he went down, he walked over to the gutshot teen and said calmly: "you're dead" and then fired a killing blow. Then he wrapped him up in a tarp and hid his body in the next room, went back to his hiding place and waited for the girl.
When she came to the top of the stairs and called the boy's name, he shot her and she fell down the stairs. He walked up to her and calmly said: "Oh, so sorry about that." Then he shot her twice more in the chest.
Then he wrapped her up in a tarp while she was still breathing.
He went into the next room and got a new weapon, and then took a minute to place a gun under her chin and whisper abuse to her before he finished her off.
Then he made himself some dinner, watched some TV and went to sleep. The next morning he got up, went about his usual routine and asked his neighbor if he knew a good lawyer.
His neighbor called the police, not Smith. He just sat there with bodies in his house for over 24 hours.
then physically dragged them to another part of his house so they wouldn’t bleed on the carpet,
So what?
telling them they were dead as he did it,
So what?
and shot them again.
That's the murder.
He KNEW they were unarmed?
Not in my book.
This “decision” will have negative repercussions going forward for anyone shooting someone in defense of their home. MN is already a “duty to retreat” State. How soon will we be a “if they break in, you cannot harm them as long as they don’t harm you” State?
The myopia on these threads is sickening...
Facts not allowed by the Judge. Nor was the police's "non-response" to previous robberies of his house.
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