Home protection or murder???

[Sgt. Rock]

LITTLE FALLS, Minn. — 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.

 

[SilvrSRT10]

Oooo, this doesn't sound good. Having not been there it's tough to say but if the girl was down and no longer a threat, you don't pull another weapon and finish her off. I think this fella went a bit too far.

 

[Humvee21]

Tough call... But I agree with the statement "If you're trying to shoot somebody and they laugh at you, you go again"

 

[ninja man]

hell, if you are in my house then i will do anything i can to eliminate you. i did not invite you in so your intentions are not good, and i will treat you as a hostile.

 

[Sgt. Rock]

I think about this too if someone broke into my house and I shot the intruder once..twice..maybe three times..would I empty my entire clip into the person just because I was pissed off or wanted to be sure the dirtbag isn't going to get up anymore.

 

[Bootstrap]

You always hear, "make sure if you shoot, they die"

Sent from my DROID RAZR MAXX HD

 

[Rusty Shackleford]

First one, then the other.

 

[Silver-Bolt]

Sounds like his biggest issue was how he described the shootings. I was in fear for my life and I fired to protect myself would have been a far smarter answer. However what he describes is murder.

 

[GLOCK V]

You should never be happy about haveing to shoot someone.

 

[Maxx2893]

Just goes to show that if you are prepared to dispatch an intruder, you need to prepare how you will explain afterwards. Depending on how you act when the authorities show up, depends on whether it seems you were just protecting your family or you just committed murder in their eyes.

Some say to not say anything and tell the authorities you will fully comply with their investigation after you contact your lawyer. Some say to tell them some basic things then notify your legal counsel. Remember anything you say can and will be used against you. Be prepared for the family of the scumbag to come after you in court, some small comment you made like "the dirtbag had it coming" could sway a jury in a completely different direction.

This becomes an even more key thing outside of your home if you ever have to protect yourself while your carrying. You'll have to fight even harder to prove they intended you harm when it's not at your residence uninvited, but rather at a gas station or grocery store etc.

 

[Bootstrap]

Just goes to show that if you are prepared to dispatch an intruder, you need to prepare how you will explain afterwards. Depending on how you act when the authorities show up, depends on whether it seems you were just protecting your family or you just committed murder in their eyes.

Some say to not say anything and tell the authorities you will fully comply with their investigation after you contact your lawyer. Some say to tell them some basic things then notify your legal counsel. Remember anything you say can and will be used against you. Be prepared for the family of the scumbag to come after you in court, some small comment you made like "the dirtbag had it coming" could sway a jury in a completely different direction.

This becomes an even more key thing outside of your home if you ever have to protect yourself while your carrying. You'll have to fight even harder to prove they intended you harm when it's not at your residence uninvited, but rather at a gas station or grocery store etc.

for sure, smartest thing to do is just say you felt threatened, and then assert the 5th and seek counsel, they can't ask you any more questions after you assert the 5th anyway.

 

[oppo]

His problem is his mouth. He is screwed now.

What he should have said "I was in fear for my life. I shot until they stopped."

We have intruders using force to enter a home and we also have a disparity in force due to there being two intruders and arguably due to age/health. Everything was in his favor until he opened his mouth.

 

[kwo51]

It will cost him the farm.

 

[oppo]

http://m.postbulletin.com/postbulletin/pm_105781/contentdetail.htm?contentguid=0Moj2nn7

Oh yeah, he is totally screwed. He finished the girl off with a shot up from under the chin AFTER dragging her and he didn't report the incident until the next day.

 

[omky756]

Doesn't it matter that the two intruders were un armed.???
Only feared they had weapons.????
I would of notified them I HAD A WEAPON and to stop
dead in their tracks unless they wanted to be dead...
What about proving they had intent to do him bodily harm.???
Definitely would shoot to kill if they intended on
hurting me or anyone in my family...
I think he opened his trap and hung himself...
Unless he has a very expensive lawyer...

 

[SilvrSRT10]

http://video.foxnews.com/v/19929381...-his-minnesota-home/?playlist_id=938973798001

 

[moodster]

That's just not right.

 

[oppo]

Doesn't it matter that the two intruders were un armed.???
Only feared they had weapons.????
I would of notified them I HAD A WEAPON and to stop
dead in their tracks unless they wanted to be dead...
What about proving they had intent to do him bodily harm.???
Definitely would shoot to kill if they intended on
hurting me or anyone in my family...
I think he opened his trap and hung himself...
Unless he has a very expensive lawyer...

The law is a little different in each state but in general, it does not matter nor should it. The law typically assumes anyone breaking into a home does so with bad intentions and is a threat. Also, a weapon is not the only justification for the use of deadly force, even outside the home. What is generally necessary outside the home is a disparity of force. 2 teens vs 1 old man is certainly a disparity of force. Heck, one teen against an old man is generally a disparity of force.

This is actually a pretty simple matter. You always, always, always shoot to stop. You do not shoot to kill. If you fear death or great bodily harm, you shoot till the threat stops. That is the difference between self defense and murder.

Had he shot only as the teens advanced toward him, left the bodies alone, called the police right away, and only said that he shot to stop them because he was in fear for his life, this would almost certainly be an open and shut case and he would be a free man.

 

[oppo]

http://video.foxnews.com/v/19929381...-his-minnesota-home/?playlist_id=938973798001

Both of those guys were a little off. Just because someone fell coming down the stairs doesn't mean they are not a threat. Someone can still be a threat after being shot multiple times. Based on just the information available to us, the second shot to the male is easily justifiable. Shooting the female under the chin for the sole purpose of causing death after dragging her, which shows you no longer saw her as a threat, is a slam dunk, no brainer act of murder.

The guy on the right, in the video, is a doofus. The use of deadly force and killing are absolutely not the same thing and that is important for us to understand. Deadly force is a level of force where death is a likely byproduct of the use of that necessary level of force but it is not the purpose or goal.

 

[oppo]

http://m.washingtonpost.com/nationa...16c2e4-3960-11e2-9258-ac7c78d5c680_story.html


The male competed in wrestling and taekwando. The two were also found to be in possession of stolen items from another home.