Minn. man says he 'fired more shots than I needed'

[rockin'robin]

LITTLE FALLS, Minn. (AP) — A Minnesota homeowner who shot two unarmed teenagers in the midst of an apparent Thanksgiving Day break-in told authorities he feared they had a weapon, but acknowledged firing "more shots than I needed to" and appeared to take pride in "a good clean finishing shot" for one teen, according to investigators.

Byron David Smith, 64, was charged Monday with two counts of second-degree murder in a criminal complaint that was chilling for the clinical way investigators said he described the shootings.

Smith told investigators he shot 18-year-old Haile Kifer several times as she descended a stairway into his basement, and his Mini 14 rifle jammed as he tried to shoot her again after she had tumbled down the steps.

Though Kifer was "already hurting," she let out a short laugh, Smith told investigators. He then pulled out his .22-caliber revolver and shot her several times in the chest, according to the complaint.

"If you're trying to shoot somebody and they laugh at you, you go again," Smith told investigators, according to a criminal complaint filed Monday.

Smith was also charged in the death of Kifer's cousin, 17-year-old Nicholas Brady.

Minnesota law allows a homeowner to use deadly force on an intruder if a reasonable person would fear they're in danger of harm, and Smith told investigators he was afraid the intruders might have a weapon. However, Smith's actions weren't justified, Morrison County Sheriff Michel Wetzel said.

"The law doesn't permit you to execute somebody once a threat is gone," he said.

Smith told investigators he was fearful after several break-ins at his remote home in Little Falls, a central Minnesota town of 8,000 people. The sheriff's office had only one report of a break-in, on Oct. 27. Smith reported losing thousands of dollars in cash, gold coins, two guns, photo equipment and jewelry.

Wetzel said that while the shootings happened on Thursday, Smith waited until Friday to report the deaths, explaining that "he didn't want to trouble us on a holiday."

In the complaint, Smith said he was in his basement when he heard a window breaking upstairs, followed by footsteps that eventually approached the basement stairwell. Smith said he fired when Brady came into view from the waist down.

After the teen fell down the stairs, Smith said he shot him in the face as he lay on the floor.

"I want him dead," the complaint quoted Smith telling an investigator.

Smith said he dragged Brady's body into his basement workshop, then sat down on his chair. After a few minutes, Kifer began coming down the stairs and he shot her as soon as her hips appeared, he said.

After shooting her with both the Mini 14 and the .22-caliber revolver, he dragged her next to Brady. With her still gasping for air, he fired a shot under her chin "up into the cranium," the complaint says.

"Smith described it as 'a good clean finishing shot,'" according to the complaint.

The next day he asked a neighbor to recommend a good lawyer, according to the complaint. He later asked his neighbor to call the police.

A prosecutor called Smith's reaction "appalling."

"Mr. Smith intentionally killed two teenagers in his home in a manner that goes well beyond self-defense," Morrison County Attorney Brian Middendorf said after Smith appeared in court Monday morning. Bail was set at $2 million.

Defense attorney Gregory Larson declined comment.

John Lange, who described himself as Smith's best friend, said Smith shouldn't be in jail.

"You have a right to defend your home," Lange said. "He's been through hell."

But Liberty Nunn, a Little Falls resident who said she knew Nicholas Brady's older sister, said Smith could have simply shouted at them to stop. She said she hopes Smith goes to prison "for a very, very long time."

"Those are two young lives that were taken," she said. "It's just not right."

Minnesota sentencing guidelines call for a range of roughly 21 to 30 years in prison for a person convicted of a single second-degree murder count.

Smith's brother, Bruce Smith, told the Minneapolis Star Tribune his brother had retired after a career as a security officer with the U.S. State Department.

Bruce Smith declined to talk to an Associated Press reporter Monday outside his brother's home. A makeshift barricade blocked the driveway and a board leaning against it bore the spray-painted words "Keep Out."

Brady's sister, Crystal Schaeffel, told the Star Tribune that Kifer had stolen prescription drugs from her home before. Little Falls police records show Crystal Schaeffel reported a theft Aug. 28, but the department said the report was not public because that investigation was continuing and because it named juveniles.

Schools in Little Falls, about 100 miles northwest of Minneapolis, made counselors available, though classes weren't in session Monday. In nearby Pillager, where classes were in session, a few students sought help from school counselors and local clergy members available at the school Monday morning, said Superintendent Chuck Arns.

Minn. man says he 'fired more shots than I needed' - Yahoo! News

 

[shel90]

Apparently this man was so angry about living in fear of getting broken in that he just lost it. No win-win situation for anyone.

 

[rockin'robin]

This story sounds so "evil"....I can understand protecting ur home from burglars and home invasions....even using deadly force...but...this man, what he did...was evil and gross....

He's crazy IMO...and needs to be locked up away from the civilized population.

 

[Jiro]

indeed... he needs to be forcibly relocated to faraway from population. maybe he'll make a good neighbor for Mark Furman.

 

[authentic]

He did right thing to do self-defense against burglaries, but what he did

After shooting her with both the Mini 14 and the .22-caliber revolver, he dragged her next to Brady. With her still gasping for air, he fired a shot under her chin "up into the cranium," the complaint says.

was too much. He knew both are unarmed. He should have shoot their legs or arms instead, then tie them, then call 911, cops take care of it, and he will be awarded as hero.

 

[Steinhauer]

sadistic murderer.

 

[DeafBadger]

He did right thing to do self-defense against burglaries, but what he did was too much. He knew both are unarmed. He should have shoot their legs or arms instead, then tie them, then call 911, cops take care of it, and he will be awarded as hero.

He should not have shot them, period. It seems to me that he probably didn't give any kind of warning. They were just summarily shot. Shooting their limbs could have killed them from bleeding out.

Something doesn't make sense. If he killed the first teen as the teen descended the stairs, why didn't the other teen hear the gunshots and get out of there? It doesn't make sense that the second teen would descend the stairs after the first did.

I think it is more likely both were shot at about the same time.

This is a terrible story. Why is there so much bad news in the news lately?

 

[Sares]

Badger it is not there is so much bad news it is just coverage is so much faster and wide spread.
I agree with all here, to much shooting, I will protect myself ( have a taser and have used it) but to keep shooting, this was not needed.
Prison is not the place for people like that; there is a nice feeding zone that is shark infested however just off the southern east coast. Why should I pay $100K a year to keep people like this fed and healthy?

 

[ambrosia]

He should not have shot them, period. It seems to me that he probably didn't give any kind of warning. They were just summarily shot. Shooting their limbs could have killed them from bleeding out.

Something doesn't make sense. If he killed the first teen as the teen descended the stairs, why didn't the other teen hear the gunshots and get out of there? It doesn't make sense that the second teen would descend the stairs after the first did.

I think it is more likely both were shot at about the same time.

This is a terrible story. Why is there so much bad news in the news lately?

Yeah, especially since he waited a day to report it because he didn't want to disturb people on Thanksgiving. He is disturbed and his story sounds super fishy. I am glad to see that he's getting charged, they are exactly right, you have the right to defend your home, but they're exactly right. He executed them. He even said he wanted them dead. For breaking into your home? wtff?? yes that's 2 f's.

 

[shimo]

This does sound really malicious.
I think the first thought I would have after shooting any of them is "hmm, I should call the ambulance and the police, SO THEY DON'T DIE."
But he did the opposite: he purposely shot them some more. confuse
If this isn't second degree murder then I don't know what is.


I would not be shooting people I find in my house since it might be someone in the family who is visiting and maybe I forgot to lock my door. I guess he wasn't close with many people...perhaps to their benefit.

 

[authentic]

He should not have shot them, period. It seems to me that he probably didn't give any kind of warning. They were just summarily shot. Shooting their limbs could have killed them from bleeding out.

Something doesn't make sense. If he killed the first teen as the teen descended the stairs, why didn't the other teen hear the gunshots and get out of there? It doesn't make sense that the second teen would descend the stairs after the first did.

I think it is more likely both were shot at about the same time.

This is a terrible story. Why is there so much bad news in the news lately?

I would shoot someone who break in my home, because I do not know if they have guns or not. The burglaries could have shoot me either, so they SHOULD expect to get hurt, and consequences either. WHAT WOULD YOU DO when they break in your home while you are inside?

 

[goodonya]

I believe in the right to defend life and property. I doubt that I would have handled the situation the way this fellow did. I suspect that he may have even baited the kids back in. We do not know the whole story. The heavier weapons he would have been more likely to employ were probably stolen during the first burglary. He does not sound like the kind of guy to have only a mini-14 and a 22. He was probably pissed off about no longer having his shotgun and government model 45 to blow them away properly.They were possibly high on the meth they bought from the proceeds of selling off his heavier weapons. We do not know the whole story.
We do know the disgusting ending. The kids are dead and the homeowner who should have been enjoying his retirement is now going to jail and probably will spend all his money on lawyers. For what? Some drug money? Sad.

 

[shimo]

I would shoot someone who break in my home, because I do not know if they have guns or not. The burglaries could have shoot me either, so they SHOULD expect to get hurt, and consequences either. WHAT WOULD YOU DO when they break in your home while you are inside?

It's only natural to want to defend one's property, but I think any sane person would stop shooting once they've realized that
1. the intruders are incapacitated
2. the intruders have no weapons

not go to the next step and land a "finishing" shot. This isn't a spy movie!
It's also really creepy that he chose not to call the police and ambulance right away but waited until the next day to alert authorities!

 

[DeafBadger]

I would shoot someone who break in my home, because I do not know if they have guns or not. The burglaries could have shoot me either, so they SHOULD expect to get hurt, and consequences either. WHAT WOULD YOU DO when they break in your home while you are inside?

I am saying that HE should not have shot THEM, not that people don't have a right to defend themselves or their property.

His story does not completely make sense. Imagine that you the second person of a group breaking into a house.

Imagine that you are a hearing person. The first of your group goes down some stairs and you hear a gunshot, probably a shout of surprise or pain from the first person, followed by the sound of someone falling down the stairs. Then you hear another gunshot.

You wait long enough for the shooter to drag the body of your cousin out of view of the bottom of the stairs and lie in wait for you. Because that's the understanding between shooters and those being shot. One waits for the shooter to get an advantage in shooting you.

Then you, as the second person who has heard all this, creep down the stairs yourself, because you're a risk taker. You always follow the sound of gunshots. Then you're shot, you fall down the stairs, and then you're shot again multiple times. Including a gratuitous shot to your head as you are at the bottom of the stairs, because the shooter thinks you were "laughing." Because, as we all know, people laugh when they're shot.

(Note: a lot of sarcasm in the previous text.)

Most people run from the sound of gunshots, not get closer to it. I think there is something very fishy about his story.

Additionally, why did he wait to report it? He has just shot and killed two people in his home. What is he doing as he delays reporting it to the cops? Cleaning stuff up? Rearranging things to fit his story?

Also, at this point we have only his word that these two people broke in. Maybe he invited them in and broke the window or door himself after he shot them.

Given how suspicious his story is, there's good reason to wait for the police investigation to finish.

 

[goodonya]

There is an element to this story that I have puzzled over many time. No not the fact that the story that we read in the papers is usually not completely accurate. It is also not the fact that it is a tragedy that has played out many times in different places around the country including close to where I live.
Here it was a minister gunning down two thieves in the church basement. I kid you not. They were unarmed and both died with large wounds from being shot in the back with a large caliber handgun while running for the opposite exit. They were into the donation canned goods locker. Not just anybody can shoot to kill with a handgun in that sort of situation. It takes a kind of mind or a kind of intensive training or both to do it. There were some complaints but he was tried in the town he grew up in with well-liked parents who had also grown up there. He got off completely and went back to being a minister at his church.
I used up a lot of my disgust on that one. Now I am still going back and forth trying to understand how the whole idea of "remorse or no remorse" works for real in our society.
The actions of businessmen and political leaders at the top of the heap cause more tragedy, death, and destruction than any and how often do we see that they have remorse?
This guy sounds like a dead on sociopath with zero remorse and he is also no doubt playing a game where his disgusting sounding honesty is to shield discovery of the even more disgusting genuine truth. Still I call to mind all the times we hear carefully worded statements of remorse from people who have been caught.
Then I look around at the guilty ones out there making speeches and still actively political offering solutions that only work for themselves to cover their guilt. No remorse. Bodies everywhere, no remorse at all. Hmmm.
While we have a huge yuck factor for the sociopaths we do not have such a good discrimination factor for them. They end up in leadership positions because they are remorseless sociopaths. This is one huge problem. This guy in the story is just the tiny tip of the iceberg.

 

[DeafBadger]

WHAT WOULD YOU DO when they break in your home while you are inside?

1. Dial 911 and leave the phone alone. I would not have a serious chance of understanding the 911 operator anyway. But leaving the call open would bring emergency services here as fast as possible.

2. Get out of the house/apartment by a different route (a window or second door and get away.

3. If I can't get out, barricade myself in a room and wait until the cops arrive or the intruders leave. Tell them through the door that the cops have been called.

4. If I cannot do 3 or 4 and I am forced to confront them, I would tell them that the cops have been called and they had better get out. If they refuse and make threatening steps towards me I would defend myself.

I would use what I had available to me. A belt from my pants, a leg off a chair, the whole chair, a frying pan, a lamp. But I'm a 5'11" younger man with some weight to throw around. As a last resort, I would use a deadlier weapon. (I think I would never forgive myself for the rest of my life if I killed someone, even in self-defense.)

But scary to think that I might not evade the intruders in the first place. Evasion and getting out is much safer than confronting intruders directly. You could get shot. You might get beaten up. Better to barricade yourself in a room or get out of the home until the cops arrive. The point is to survive and live to another day.

Your chances of surviving goes down a lot once you bring fighting and guns into the picture, even in self-defense.

 

[CrazyPaul]

I won't break in any house because there is a chance that I get shot. So why didn't those two kids think of that? They would be still alive today.

 

[cdaigle430]

He should not have shot them, period. It seems to me that he probably didn't give any kind of warning. They were just summarily shot. Shooting their limbs could have killed them from bleeding out.
If someone breakes into my house, I will shoot first ask questions later but this homeowner was sadistically proud of killing them. Self defense is a shoot first or be killed kinda thing. NOT a sport. Kids were wrong to break in yes but they didnt deserve to be sadistically executed after he already wounded one of them which neutralized her.


Something doesn't make sense. If he killed the first teen as the teen descended the stairs, why didn't the other teen hear the gunshots and get out of there? It doesn't make sense that the second teen would descend the stairs after the first did.

I think it is more likely both were shot at about the same time.

This is a terrible story. Why is there so much bad news in the news lately?

If someone breakes into my house, I will shoot first ask questions later but this homeowner was sadisticly proud of killing them. Self defense is a shoot first or be killed kinda thing-NOT a sport. Kids were wrong to break in yes but they didnt deserve to be sadistically executed after he already wounded one of them which neutralized her from possibly assaulting him.

He protected his home, himself and his family. It was a tragic day for alot of people and these kids are really to blame. He needs help too.

 

[cdaigle430]

1. Dial 911 and leave the phone alone. I would not have a serious chance of understanding the 911 operator anyway. But leaving the call open would bring emergency services here as fast as possible.

2. Get out of the house/apartment by a different route (a window or second door and get away.

3. If I can't get out, barricade myself in a room and wait until the cops arrive or the intruders leave. Tell them through the door that the cops have been called.

4. If I cannot do 3 or 4 and I am forced to confront them, I would tell them that the cops have been called and they had better get out. If they refuse and make threatening steps towards me I would defend myself.

I would use what I had available to me. A belt from my pants, a leg off a chair, the whole chair, a frying pan, a lamp. But I'm a 5'11" younger man with some weight to throw around. As a last resort, I would use a deadlier weapon. (I think I would never forgive myself for the rest of my life if I killed someone, even in self-defense.)

But scary to think that I might not evade the intruders in the first place. Evasion and getting out is much safer than confronting intruders directly. You could get shot. You might get beaten up. Better to barricade yourself in a room or get out of the home until the cops arrive. The point is to survive and live to another day.

Your chances of surviving goes down a lot once you bring fighting and guns into the picture, even in self-defense.

The problem for me with your theory is your acting like a victim. You let them get away so they can rob another day and maybe kill someone else because you are afraid. Even if you get your way, how will you feel about living where you live or anywhere else after being violated?

Not me-I shoot and learn to live with it afterwards. At least I wont live in fear and wonder if they will ever come back again like the two kids did in this old mans house.

Plus-had this old man done it right and just wounded one of them instead I dont think these kids would ever rob any one else ever again.

To me its not about material things in my home. Material things can be replace, my trust and safety of home is not. My home is my sanctuary, my safe haven from the stress of work and life. You break into my house, you violate me far worse than anything else I could imagine. Plus I dont know if your here to harm me, execute me, or harm my family.

 

[Foxrac]

Not everyone entitled to become gun owner as self defense against burglaries because of psychological/medical reason.

Call 911 is other option, though.