278:
owned. He removed the light bulbs from the ceiling lights and positioned himself in a chair that was obscured from view. He heard the window upstairs break and Brady climb in (captured on audio). Smith then waited in silence for 12 minutes, until Brady began to descend into the basement. Smith shot Brady twice on the stairs, and once in the head after he fell to the bottom of the stairs. Smith then made taunting remarks to Brady's body, wrapped it in a tarp and dragged him into another room. He went upstairs, and 10 to 15 minutes later, he ran back down into the basement, reloaded his weapon and took up his previous position in the obscured chair. Minutes later, Kifer entered the home and could be heard calling her cousin's name. As she made her way down the stairs, Smith shot her. Wounded, she fell down the stairs, and Smith can be heard on the recording sarcastically saying "Oh, sorry about that," followed by Kifer saying "Oh, my God" very quickly; Smith shoots her again, multiple times in the torso, in the midst of which she screams "Oh, my God!", and once next to her left eye. He repeatedly called her derogatory names and then dragged her into the other room, tossing her body on top of her cousin's, and shot her one final time under the chin, murdering her. Audio and video of the events were recorded by Smith's security system.
29:
302:) to the heads of both teens after he had shot them on the stairs and they lay wounded on the basement floor. In his statement, Smith said that Kifer had let out a short laugh after she fell down the stairs, saying "If you're trying to shoot somebody and they laugh at you, you go again." The audiotape did not record Kifer laughing; instead, she cries "Oh, my God!" very rapidly in fear. In police interviews Smith acknowledged "firing more shots than I needed to" and that he fired "a good clean finishing shot" into Kifer's head.
356:
hours of jury deliberations. He was immediately sentenced to life in prison without the possibility of parole. The audio recordings were named by the jurors as the biggest influence on their decision. "That was the most damning piece of evidence in my mind," Wes
Hatlestad, one of 12 jurors, said following the trial. "That audio recording of the actual killings and the audio recording of Mr. Smith's interview immediately after his arrest ... pretty much convinced me that we were dealing with a deranged individual."
210:. Smith shot the teens separately and 10 minutes apart as they entered the basement where he was, later stating to police he was worried about them being armed. After already shooting them once, he repeatedly taunted them while they were injured as he shot them both in an execution style until they were dead. He did not report that he had killed Kifer and Brady until the day after the murders, keeping their corpses in his closet. On April 29, 2014, he was found
323:
respect. I was doing my civic duty. If the law enforcement system couldn't handle it, I had to do it. I had to do it. The law system couldn't handle her and it fell into my lap and she dropped her problem in my lap... and she threw her own problem in my face. And I had to clean it up." Smith's recorded statements, the evidence indicating he had planned the shootings, along with the excessive number of shots fired, led to Smith being charged with
402:
resisting...unlawful interference with such property... Unlawful interference with Mr. Smith's property was ended by Smith's initial shots, which disabled Brady and then Kifer; these shots constituted reasonable force. The jury believed the actions Smith undertook to kill Brady and Kifer after disabling them were not an act of reasonable force to resist unlawful interference.
406:
actor's place of abode." The jury found that the potential offense which exposed Smith to great bodily harm was ended by the disabling shots to Brady and Kifer; the potential felonies on Smith's abode were ended at this point. The further acts Smith committed to end Brady and Kifer's lives were not necessary to prevent or resist the offenses committed.
343:, have a "stand your ground" law, but Minnesota has what's known as a reasonable person doctrine. "If a reasonable person would see if you are in fear of great bodily harm or death. That's our statute. It comes down to, what would a reasonable person see in this situation for Mr. Smith?" said Daly, arguing that
368:. On March 9, 2016, the Minnesota Supreme Court affirmed Smith's conviction and sentence. In November 2018, Smith's attorneys filed a federal appeal, citing a brief closure of the trial to the public as grounds for Smith's conviction to be set aside, which, if granted, would necessitate a new trial. The
493:
The "Castle
Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so
318:
In addition to his home surveillance system, Smith also recorded at least 6 hours of audio on a digital recorder in the basement of the residence. Prior to the break-in, he is heard saying "In your left eye." and "I realize I don't have an appointment but I would like to see one of the lawyers here."
290:
Sheriff Michel Wetzel has acknowledged that Brady and Kifer were there to burgle Smith's residence. Brady's sister claimed Brady stole drugs from her home on August 28, a case that was still under investigation at the time of Brady's killing. Evidence recovered from the car driven by Brady was linked
405:
Another state statute states: "The intentional taking of the life of another is not authorized...except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the
259:
Smith claimed at trial that prior to the murders he had been burgled at least half a dozen times over the preceding few months. He had reported only one previous burglary to police, and investigators found evidence of only two previous burglaries (one of which occurred in his detached garage and of
277:
By his own account to police, Smith had been visiting neighbors when he saw Kifer, whom he suspected was responsible for the burglaries, driving past his home. He commented that he needed to get ready for her and went back to his home. Upon entering his home, Smith turned on a recording device he
355:
On April 21, 2014, Smith's jury trial commenced in
Morrison County. Smith was represented by attorneys Steven J. Meshbesher and Adam T. Johnson. On April 29, 2014, Smith was found guilty on two counts of first-degree murder with premeditation and on two counts of second-degree murder after three
409:
According to another state statute: "In criminal trials, the court shall decide questions of law, except in cases of criminal defamation, and the jury shall decide questions of fact." The jury's findings were based on an application of existing law to reflect the fact that any threat to Smith's
310:
Legal analysts have stated that the initial shootings most likely would have been justified under
Minnesota's laws, but that the subsequent shots were not justified once any threat had been removed. Sheriff Wetzel said that "The law doesn't permit you to execute somebody once a threat is gone."
322:
Following the shootings, Smith made a number of statements, including: "I am not a bleeding heart liberal. I felt like I was cleaning up a mess—not like spilled food, not like vomit, not even like... not even like diarrhea—the worst mess possible. And I was stuck with it... in some tiny little
401:
Under
Minnesota state statute, "easonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist...when used by any person in lawful possession of real or personal property...in
338:
Hamline law professor emeritus Joseph Daly commented that the laws surrounding the case were dividing the Little Falls community. "In some states, somebody breaks into your home you are allowed to shoot them dead. Period," said Daly. He pointed out other states, such as
264:
watch, coins from a collection, and a chainsaw. Smith began routinely wearing a holster with a loaded gun inside his home, as well as stashing bottles of water and granola bars in his basement. Smith installed a security system to protect himself.
273:
On
November 22, 2012, Smith drove his vehicle down the road, parking it in front of a neighbor's home. About an hour later, Kifer and Brady broke into Smith's home. Video surveillance captured the teens casing the property prior to the break-in.
319:
The prosecution noted that Kifer was later shot in the left eye by Smith and allege that the other statement is a rehearsal of what he would say after the shooting—an indication that he knew he would soon need an attorney.
430:
236:", which allows homeowners to defend their homes with lethal force. The prosecution alleged that Smith's actions and a recording he made himself while the incidents were unfolding showed premeditation (
369:
315:
professor Joseph Olson said, "I think the first shot is justified. After the person is no longer a threat because they're seriously wounded, the application of self-defense is over."
373:
915:
28:
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240:) and that he used excessive force after having neutralized the threat. He was convicted by a jury after three hours of deliberation and sentenced to life in prison.
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which he appeared to have no knowledge when it was brought up by police). Among the items stolen were four thousand dollars in cash, his father's
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93:
1037:"Fairness and Precedent: Anastasoff v. United States, 223 F.3d 898 (8th Cir.), vacated on other grounds, 235 F.3d 1054 (8th Cir. 2000)"
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327:. Smith was initially charged with two counts of second-degree murder; however, in April 2013, he was indicted on two counts of
1196:
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person and property presented by Brady and Kifer had been sufficiently neutralized by the Smith's initial, disabling shots.
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The deaths were not immediately reported to police, as he waited until the next day to notify police of the shootings.
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to a burglary of the residence of a retired teacher the night before he and Kifer were killed by Smith.
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of 2012, when Haile Kifer, 18, and her cousin, Nicholas Brady, 17, broke into the home of 64-year-old
324:
253:
431:"Byron David Smith killed teens Haile Kifer, Nicholas Schaeffel because he feared weapons, cops say"
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472:"Assembly, No. 159, State of New Jersey, 213th Legislature, The "New Jersey Self Defense Law""
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601:"Byron Smith: Trial set to begin for Minnesota man who fatally shot teens in his home"
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868:"Grand jury indicts Byron Smith of first-degree murder in shooting deaths of 2 teens"
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Following his conviction and sentence of life imprisonment, Smith appealed to the
1138:
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916:"Defense requests mistrial for second day in a row in Smith double murder trial"
211:
139:
252:. He was never married and lived alone. His brother described him as a retired
378:
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affirmed. On
November 20, 2020, Smith's lawyers filed a petition for writ of
995:
899:
1175:"631.06 - 2015 Questions Of Law And Fact; Decision Making; Court And Jury"
620:"One break-in tied to slain Little Falls teens, others being investigated"
1018:"Byron Smith's attorneys file federal appeal in Little Falls murder case"
540:"Little Falls shooter protected U.S. embassies from terrorists and spies"
99:
737:"Slain teenage cousins are linked to an earlier Little Falls break-in?"
686:"HEAR IT: Graphic audio catches moment Byron Smith guns down two teens"
340:
1068:
767:"Little Falls man describes 'finishing' teenagers with shots to heads"
454:"Byron Smith gets life sentence for murdering two Little Falls teens"
226:
178:
1036:
665:"CRIME SCENE PHOTOS RELEASED FROM BYRON SMITH MURDER TRIAL (PHOTOS)"
1052:
1082:
Plautus, Titus
Maccius (2010), Ritschl, Friedrich Wilhelm (ed.),
822:"In Morrison County shooting case, Minnesota state law on trial"
952:. TheHuffingtonPost.com, Inc. The Huffington Post. 2 May 2014.
866:
Shenoy, Rupa; Forliti, Amy; Associated Press (25 April 2013).
261:
946:"Court releases recording of Byron Smith gunning down teens"
708:
Brown, Curt; Louwagie, Pam; Powell, Joy (22 December 2012).
510:"Little Falls Man Found Guilty On All Four Counts Of Murder"
1090:, Cambridge: Cambridge University Press, pp. 583–633,
335: (equivalent to $ 65,400 in 2023), which Smith posted.
792:"Criminal Complaint: State of Minn. vs. Byron David Smith"
765:
Magan, Christopher; Lindberg, Joseph (November 25, 2012).
710:"Little Falls teen shooting deaths called 'cold-blooded'"
504:
502:
964:"Minnesota Supreme Court to hear Byron Smith's appeal"
607:. CBS Interactive Inc. www.cbsnews.com. 14 April 2014.
33:
Location of Little Falls within the state of
Minnesota
374:
United States Court of
Appeals for the Eighth Circuit
294:
Smith's statements to police describe delivering the
564:"Minn. man says he 'fired more shots than I needed'"
516:. CBS Local Media. CBS Minnesota WCCO. 29 April 2014
692:. NYDailyNews.com. New York Daily News. 1 May 2014.
170:
145:
135:
127:
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87:
67:
49:
38:
21:
452:Louwagie, Pam; Brooks, Jennifer (April 30, 2014).
991:"MN Supreme Court upholds Byron Smith conviction"
595:
593:
591:
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703:
701:
699:
248:Smith (born June 11, 1948) was retired from the
618:Oakes, Larry; Powell, Joy (28 November 2012).
533:
531:
8:
849:"Byron Smith Murder Trial Case Sent to Jury"
646:"Byron Smith house surveillance (RAW video)"
1157:"609.065 - 2015 Justifiable Taking Of Life"
570:. Associated Press. AP News. Archived from
557:
555:
553:
1181:. Revisor of Statutes, State of Minnesota.
1163:. Revisor of Statutes, State of Minnesota.
1145:. Revisor of Statutes, State of Minnesota.
760:
758:
27:
18:
1263:November 2012 crimes in the United States
842:
840:
838:
192:murders of Haile Kifer and Nicholas Brady
22:Murders of Haile Kifer and Nicholas Brady
1139:"609.06 - 2015 Authorized Use Of Force"
895:"Byron Smith trial set to begin Monday"
419:
16:2012 murders in Little Falls, Minnesota
914:Katzenberger, Sarah (April 23, 2014).
820:Thornton, Patrick (December 7, 2012).
538:Baran, Madeleine (November 28, 2012).
425:
423:
386:, which was denied on March 22, 2021.
1258:Military personnel of the Vietnam War
94:High Standard Double Nine Convertible
7:
989:Costantini, Allen (March 9, 2016).
893:Seavert, Lindsay (April 27, 2014).
437:. November 27, 2012. Archived from
389:Smith is currently incarcerated at
1273:Filmed deaths in the United States
232:The case sparked debate over the "
14:
1233:2012 murders in the United States
735:Powell, Joy (November 28, 2012).
562:Forliti, Amy (27 November 2012).
1268:Filmed killings in North America
847:Gerdes, Ashli (April 29, 2014).
313:Hamline University School of Law
1238:Legal doctrines and principles
1223:Deaths by firearm in Minnesota
1:
1035:Levin, Daniel B. (May 2001).
477:. May 6, 2008. Archived from
1096:10.1017/cbo9780511710629.031
494:without fear of prosecution.
384:United States Supreme Court
225:without the possibility of
177:without the possibility of
1289:
80:, execution-style murder,
1205:, season 8, 16 May 2014 (
1088:T. Macci Plauti Comoediae
546:. Minnesota Public Radio.
299:
184:
26:
1253:Criminals from Minnesota
1197:12 Minutes on Elm Street
874:. Minnesota Public Radio
855:. Townsquare Media, LLC.
331:. Bail was later set at
799:stmedia.startribune.com
391:Oak Park Heights Prison
372:denied relief, and the
366:Minnesota Supreme Court
204:Little Falls, Minnesota
121:Nicholas Brady, aged 17
43:Little Falls, Minnesota
514:Associated Press, WCCO
370:federal district court
306:Castle doctrine debate
221:. He was sentenced to
55:; 11 years ago
53:November 22, 2012
773:. Digital First Media
250:U.S. State Department
1084:"Appendix · Critica"
1041:The Yale Law Journal
920:West Central Tribune
325:second-degree murder
254:security engineering
161:Second-degree murder
140:Guilty on all counts
118:Haile Kifer, aged 18
1248:Crimes in Minnesota
1024:. 23 November 2018.
329:first-degree murder
219:first-degree murder
155:first-degree murder
1179:www.revisor.mn.gov
1161:www.revisor.mn.gov
1143:www.revisor.mn.gov
926:on October 1, 2021
824:. Minnesota Lawyer
801:. 26 November 2012
663:McCluskey, Brent.
652:. St. Cloud Times.
574:on 26 October 2014
1228:2012 in Minnesota
1105:978-0-511-71062-9
968:Brainerd Dispatch
345:summary execution
214:of two counts of
200:Byron David Smith
188:
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175:Life imprisonment
131:Byron David Smith
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152:Premeditated
78:child murder
624:StarTribune
300:fatal blows
146:Convictions
128:Perpetrator
97:.22-caliber
69:Attack type
1217:Categories
1111:2021-01-30
878:August 29,
828:2012-12-26
805:August 29,
777:2014-04-28
630:August 29,
578:August 29,
488:2009-03-19
414:References
379:certiorari
333:US$ 50,000
298:(English:
163:(2 counts)
157:(2 counts)
60:2012-11-22
1125:"Details"
1061:0044-0094
256:officer.
206:, in the
1002:March 4,
974:March 4,
930:March 4,
544:MPR News
171:Sentence
100:revolver
82:shooting
39:Location
1207:preview
900:KARE 11
382:in the
360:Appeals
341:Florida
269:Murders
244:Lead up
136:Verdict
113:Victims
88:Weapons
58: (
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1069:797530
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747:29 May
720:29 May
670:May 5,
520:29 May
227:parole
212:guilty
179:parole
45:, U.S.
1065:JSTOR
795:(PDF)
482:(PDF)
475:(PDF)
351:Trial
1199:" –
1100:ISBN
1057:ISSN
1004:2020
976:2020
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880:2018
853:WJON
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749:2016
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