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Little Falls Man Found Guilty On All Four Counts Of Murder
SeeBS ^ | 4-29-14 | cbs

Posted on 04/29/2014 1:57:58 PM PDT by TurboZamboni

LITTLE FALLS, Minn. (AP/WCCO) — The Little Falls, Minn. man who shot and killed two teenagers after they broke into his home has been found guilty of all four counts of premeditated murder. After roughly three hours of deliberation, the jury found 65-year-old Byron Smith guilty of two counts of first-degree murder and two counts of second-degree murder for the shooting deaths of 18-year-old Haile Kifer and 17-year-old Nick Brady.

(Excerpt) Read more at minnesota.cbslocal.com ...


TOPICS: Crime/Corruption; US: Minnesota
KEYWORDS: burglary; byronsmith; hailekifer; littlefalls; minnesota; mn; nickbrady; nocastledoctrine; pilltheives; purpledrank; robotripping; shooter; whitepunksondope; yutes
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1 posted on 04/29/2014 1:57:58 PM PDT by TurboZamboni
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To: TurboZamboni
They'd both be dead of meth by now anyway.
2 posted on 04/29/2014 1:59:44 PM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: TurboZamboni
Understanding his angst, he went about his vendetta all wrong.........

Sad story but the verdict was justified........

3 posted on 04/29/2014 2:00:31 PM PDT by Hot Tabasco (Under Reagan spring always arrived on time.....)
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To: E. Pluribus Unum

More likely prescription pills OD.

That was their ‘thing’. (And stealing.)


4 posted on 04/29/2014 2:00:34 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: TurboZamboni

No surprise here...This guy was clearly a ding.


5 posted on 04/29/2014 2:01:53 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Hot Tabasco

Absolutely. This was an easy verdict to find.


6 posted on 04/29/2014 2:03:08 PM PDT by DallasSun
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To: E. Pluribus Unum

How is he guilty of two counts of different degrees of murder on the same persons?


7 posted on 04/29/2014 2:03:14 PM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
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To: TurboZamboni

Four counts...two people killed?


8 posted on 04/29/2014 2:03:17 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: TurboZamboni

What’s slightly disturbing in this case, is so many felt what he did was totally reasonable and rational.

It was anything but reasonable and rational.


9 posted on 04/29/2014 2:03:35 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: E. Pluribus Unum

Where did the audio recording come from? 911?

It would be hard to prove pre-meditated murder in this case unless he had them tied up and subdued, and then decided not to wait on the cops.

Having intruders possibly armed and roaming your house is a threat to life and property.

I am truly shocked at the verdict. What am I missing?


10 posted on 04/29/2014 2:03:59 PM PDT by SpinnerWebb (IN-SAPORIBVS-SICVT-PVLLVM)
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To: Hot Tabasco
Sad story but the verdict was justified........

Unless I'm missing something very important here murder one is far,far too harsh.Some time in prison,yah OK....but not anywhere *near* life.I doubt I would have voted for anything more than Reckless Endangerment under the circumstances.

11 posted on 04/29/2014 2:05:18 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: SpinnerWebb

He had laid it all out as a trap for the teens: hid his car, and read a book while waiting for them. He shot them each about six times with a rifle, one after the other. He could have easily captured them or had the police set up a trap but clearly he wanted them dead. That’s premeditated murder.


12 posted on 04/29/2014 2:08:11 PM PDT by GOP_Party_Animal
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To: Red_Devil 232

Same way George Zimmerman hunted Saint Trayvon down and killed him.


13 posted on 04/29/2014 2:08:14 PM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: SpinnerWebb

Where did the audio recording come from? 911?


He had set up an audio recording. The description from the article is that he not only shot them (defense is good), but executed at least one as he lay wounded.


14 posted on 04/29/2014 2:08:22 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: SpinnerWebb

The killer set up an audio recorder to capture the killings on tape. Classy.


15 posted on 04/29/2014 2:09:15 PM PDT by GOP_Party_Animal
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To: TurboZamboni

I am a bit surprised, but a lot of evidence was excluded in this trial. I think a more correct verdict would have been manslaughter. Just my two cents worth.

The two deceased teenagers were going to either die from some irate homeowner, or spend a lot of time in jail as they were involved in multiple felonies with no signs of remorse, nor showed any intention of reforming their behavior.

As for Byron Smith, he seemed to be a bit unbalanced in his plan of action. He had no need to go so far as to execute the perps. Still, he may have been indeed scared for his life and behaving under extreme duress during the actual events. He does belong in jail, however.


16 posted on 04/29/2014 2:10:09 PM PDT by Gumdrop (~)
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To: Gay State Conservative

After you are shot and lying on the ground begging for your life and your killer pulls another gun and shoots you under your chin, I hope to have the opportunity to remind him that he was reckless in ending your life.


17 posted on 04/29/2014 2:11:47 PM PDT by Bartholomew Roberts
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To: dragnet2

Yep. It was cold and calculated murder. He killed them after they were no longer a threat to him.


18 posted on 04/29/2014 2:12:30 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: Gay State Conservative

He shot them both and after he determined they were unarmed, he killed them. Then he waited a day to call the cops. You think THAT is reasonable?


19 posted on 04/29/2014 2:14:20 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: dragnet2
What’s slightly disturbing in this case, is so many felt what he did was totally reasonable and rational.

Maybe not totally *rational* but totally *understandable*.Ninety nine times out of a hundred the outcome in a scenario like that is that the law abiding *homeowner* is murdered by the *teenage punks*.

It *was* totally rational for the homeowner to *fear* that one or both of the punks were armed and fear can,*totally* understandably,lead to irrational acts.

If I ever decide to start breaking into dwellings I'm gonna assume that the residents will be *very* fearful.And if,in their fear,they use their Smith & Wesson to shatter my aorta I'll know that I had it coming.

20 posted on 04/29/2014 2:16:10 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: SpinnerWebb
I am truly shocked at the verdict. What am I missing?

If I told you what you're missing you'd be quite offended, so I won't.

Unless you're in some brutal war zone where ya can't take prisoners, ya don't execute those who are clearly down, severely wounded and no longer a threat.

21 posted on 04/29/2014 2:17:08 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Gumdrop

I’m not losing any sleep over any idiot in this fiasco.


22 posted on 04/29/2014 2:18:41 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: Gay State Conservative

Might I politely suggest you research this event before “understanding” anything this man did once the 2 were incapacitated and presented no further threat to him.


23 posted on 04/29/2014 2:19:11 PM PDT by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: Bartholomew Roberts
After you are shot and lying on the ground begging for your life and your killer pulls another gun and shoots you under your chin, I hope to have the opportunity to remind him that he was reckless in ending your life.

Well,ya know...in my 60+ years on this planet I've never been present in a dwelling...or *any* structure for that matter...without the consent of someone who was legally empowered to grant me permission to enter and remain.So your scenario has never popped up in my life.

But who knows...Osama Obama just might do enough damage to this nation's economy that I might be forced to begin breaking and entering.And if I do I'll always entertain the possibility of a *really* bad outcome for me.

24 posted on 04/29/2014 2:22:35 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: TurboZamboni

Let me guess the composition of the jury.


25 posted on 04/29/2014 2:23:43 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: TurboZamboni
From the story:

"Before retiring from the U.S. State Department, Smith worked on technical security issues for American embassies, such as building layout and alarms."

He may have thought he swim away since he was "almost a cop" in his former job.

26 posted on 04/29/2014 2:27:09 PM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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To: lastchance; TurboZamboni

Never mind. I thought the guy had shot them when he was in imminent danger of death or severe injury. Appears that is not so.


27 posted on 04/29/2014 2:27:24 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: Gay State Conservative
Maybe not totally *rational* but totally *understandable*.Ninety nine times out of a hundred the outcome in a scenario like that is that the law abiding *homeowner* is murdered by the *teenage punks*.

Not THIS scenario! The homeowner was waiting for them, the kids were unarmed, and the kids were subsequently executed by the homeowner who had everything carefully planned........

How anyone, including you, could actually defend this act is beyond my comprehension........

28 posted on 04/29/2014 2:28:07 PM PDT by Hot Tabasco (Under Reagan spring always arrived on time.....)
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To: Steely Tom

“He may have thought he swim away since he was “almost a cop” in his former job. “

- Huh?

.


29 posted on 04/29/2014 2:28:19 PM PDT by Mears
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To: Gay State Conservative
Well,ya know...in my 60+ years on this planet I've never been present in a dwelling...or *any* structure for that matter...without the consent of someone who was legally empowered to grant me permission to enter and remain.So your scenario has never popped up in my life.

So why was it necessary to bring up Obama as a ridiculous attempt to support the killing of these two kids?

You can do better than that......

30 posted on 04/29/2014 2:31:03 PM PDT by Hot Tabasco (Under Reagan spring always arrived on time.....)
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To: SZonian
...once the 2 were incapacitated and presented no further threat to him.

"About 10 minutes later, Kifer came downstairs. More shots are heard on the recording.."

The article states,as quoted above,that Keifer "came downstairs".Was he carried downstairs? Did he use a walker? An electric wheelchair? Where's the evidence that he was "incapacitated" as he was coming down the stairs? If,by chance,I should ever find you in my house without my permission I promise you that I will assume that you're a deadly threat to me and mine and will act accordingly.And,in the opposite situation,I'll expect you to take the same attitude.And we both know that you,understandably,will do *exactly* that.

31 posted on 04/29/2014 2:34:35 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: TurboZamboni
Justice is served.

Now he'll have time to reflect on what he did.

32 posted on 04/29/2014 2:36:19 PM PDT by wideawake
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To: Gay State Conservative

Had he simply unloaded into the perps I would agree with you. The problem is he walked up to the girl and shot her in the head point blank. That indicates that he no longer felt threatened by her but decided to kill her anyway. At that point the killing became revenge instead of defense and all the preparations he made (moving his car, setting up the recorder, moving the male’s body so the female couldn’t see it from the stairs) look like premeditation of that revenge killing.

On top of all this, what I have read indicates that he never tried to claim he killed them in the heat of the moment, only that he felt threatened and was therefore justified.


33 posted on 04/29/2014 2:38:41 PM PDT by RightOnTheBorder
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To: Red_Devil 232
How is he guilty of two counts of different degrees of murder on the same persons?

The first shots he fired were fatal, and he chose not to call 911, which is murder in the second degree.

He then followed up with deliberate killshots, which is murder in the first degree.

34 posted on 04/29/2014 2:38:54 PM PDT by wideawake
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To: E. Pluribus Unum
They'd both be dead of meth by now anyway.

Wow, you have perfect omniscience.

I guess you, like Byron Smith, also have the right to play God.

35 posted on 04/29/2014 2:40:44 PM PDT by wideawake
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To: Hot Tabasco
How anyone, including you, could actually defend this act is beyond my comprehension........

From Post #31:

"If,by chance,I should ever find you in my house without my permission I promise you that I will assume that you're a deadly threat to me and mine and will act accordingly.And,in the opposite situation,I'll expect you to take the same attitude.And we both know that you,understandably,will do *exactly* that."

*That* is how can defend it....largely defend it,that is.As I suggested earlier I could probably vote guilty on a charge that would get him 6 months in the can...or a few years probation but *nothing* more.

36 posted on 04/29/2014 2:42:51 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: GOP_Party_Animal

Cops do it all the time. It’s called speed traps.


37 posted on 04/29/2014 2:44:05 PM PDT by longfellow (Bill Maher, the 21st hijacker.)
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To: Gay State Conservative
Was he carried downstairs?

She.

Where's the evidence that he was "incapacitated" as he was coming down the stairs?

She was not incapacitated as she started down the stairs.

It was after she was shot in the gut and fell to the bottom of the stairs that she was incapacitated.

Then he walked over to her and fired two more shots into her chest as she was lying collapsed at the bottom of the stairs.

Then he rolled her onto a tarp.

Then he moved her off of the carpet.

Then he went into the next room and got another weapon.

Then he leaned over her while she was gasping for air, and fired a round underneath her chin while he whispered "b!tch" in her face.

It was all the activity after she was gutshot that happened while she was incapacitated.

38 posted on 04/29/2014 2:46:15 PM PDT by wideawake
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To: Gay State Conservative

Like I suggested, you might want to inform yourself about this case.

Kifer is the girl...and as was determined, he laid a trap for them...shot them in the lower torso as they came down the stairs...once he had them both incapacitated, he executed them...one in the face and the other in the chest and under the chin.

Sorry, but laying in wait is premeditation...

http://www.cbsnews.com/news/youre-dead-minnesota-homeowner-told-teen-burglar/

http://www.huffingtonpost.com/2012/11/26/haile-kifer-nicholas-schaeffel-murder_n_2192982.html

His actions were neither reasonable or justified once they were down...he executed them and left them to lie for a day before calling police.


39 posted on 04/29/2014 2:46:26 PM PDT by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: Hot Tabasco
So why was it necessary to bring up Obama as a ridiculous attempt to support the killing of these two kids?

The important part of that sentence came *after* my having referred to Osama Obama....

40 posted on 04/29/2014 2:46:36 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: lastchance

“Let me guess the composition of the jury.”

I am uncertain as to what you are implying. Morrison County is nearly 100% white, with a population who are mostly descendants of Germans, Poles, and French Canadians. There may be some others who could have been on the jury, such as a Native American of the Ojibway/Chippewa Tribe. But, basically the folks in Little Falls area are a typical rural Midwestern group of people.


41 posted on 04/29/2014 2:48:05 PM PDT by Gumdrop (~)
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To: TurboZamboni
My last word on this matter for anyone who's interested.No more than 6 months would I support for this guy.And yes,if I was one of the kids in that guy's dwelling I'd expect the same treatment.
42 posted on 04/29/2014 2:51:57 PM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: Gay State Conservative
"...I'd expect the same treatment."

Summary execution?

43 posted on 04/29/2014 2:54:20 PM PDT by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: SpinnerWebb
What am I missing?

A number of details.

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.

44 posted on 04/29/2014 2:59:51 PM PDT by wideawake
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To: wideawake

Byron Smith was convicted by the evidence he himself had gathered with his recording equipment. This recording established a timeline for each shot he fired and proved that he not only ambushed those kids but he then executed them as they lay wounded in his home. But not for the recorded evidence, he could have sworn that they came down the stairs together, they pointed an object at him he thought was a gun, he feared for his life, he fired until he ran out of bullets, and he could have stuck to that story with no one alive to contradict it.

Mr. Smith committed several crimes here and he was stupid enough to record himself doing it, so in my humble opinion he fully deserves the sentence he received.


45 posted on 04/29/2014 3:00:33 PM PDT by DJ Taylor (Once again our country is at war,and once again the Democrats have sided with our enemy.)
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To: DJ Taylor
I agree with pretty much everything you said - except that his use of the tarps would have been clear forensic evidence that they did not come down together, as would his use of two separate firearms.

But he made the prosecution's job supremely easy.

46 posted on 04/29/2014 3:03:42 PM PDT by wideawake
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To: lastchance

Sven,Ole,Lena, and the Lindbergs.


47 posted on 04/29/2014 3:05:10 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: Gay State Conservative

You obviously know absolutely nothing at all about the case but ignorantly make statements
that continue to support this fact. Listen to him in his own words during questioning. Read the accounts of the situation before making any further statements. To do otherwise simply keeps you ignorant of the facts of the case.


48 posted on 04/29/2014 3:05:49 PM PDT by Jarhead9297
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To: Gay State Conservative

Ill go one further...the next time a cop responds to a b/e and the perp is subdued and the cop puts a shot into the skull of said perp I expect u to fully defend that cop. The perp broke the law right? Deserves what they got?


49 posted on 04/29/2014 3:09:57 PM PDT by Jarhead9297
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To: TurboZamboni

The verdict should have been either one or the other, but not both. The judge’s instructions were faulty. It can’t be both. The jury was supposed to determine guilt or not guilty, and if guilty, degree of guilt. They punted. Ergo, prima facie there is reasonable doubt about guilt. This is eminently appealable.


50 posted on 04/29/2014 3:13:02 PM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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