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Man Gets Life in Prison for Killing Burglers

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Topic: Man Gets Life in Prison for Killing Burglers
Posted By: bindy
Subject: Man Gets Life in Prison for Killing Burglers
Date Posted: May 01 2014 at 3:35pm
'You're dying, b***h': Court releases the audio of the chilling murders of two teen burglars recorded by their 65-year-old killer who set a trap for them in his basement
  • Minnesota court releases tapes recorded by killer Byron Smith, 65, of the moments he killed the two teens who tried to rob him on Thanksgiving 2012
  • Byron Smith, a 65-year-old retiree who once set up security in American embassies for the U.S. State Department, shot Nick Brady, 17, and Haile Kifer, 18
  • The recordings capture the shocking moment Smith taunts Kifer just before he shoots her, saying, 'You're dying, b****'
  • Prosecutors key evidence was an audio recording that captured the killings in chilling detail, including Smith's taunts as the teens died
  • On Tuesday jurors convicted Byron Smith, 65, and a judge sentenced him to life in prison without the possibility of parole for the killings
  • Smith never denied shooting the teens, but told police he had feared for his life

By  http://www.dailymail.co.uk/home/search.html?s=&authornamef=James++Nye" rel="nofollow - JAMES NYE

PUBLISHED: 14:21 EST, 1 May 2014 UPDATED: 14:59 EST, 1 May 2014

http://www.dailymail.co.uk/news/article-2618100/Court-releases-audio-chilling-murders-two-teen-burglars-recorded-65-year-old-killer-set-trap-basement.html#comments" rel="nofollow - A window shatters. 

The sound of footsteps is followed by sharp cracks of gunshots, a teenager's groans and a fall. Minutes later, there are more bangs and screams from another teen before she, too, was silenced by a central Minnesota homeowner who was convicted of plotting the whole thing.

A day after Byron Smith was found guilty of premeditated murder, jurors said the audio of the Thanksgiving Day 2012 killings of two unarmed teens - a recording that the 65-year-old switched on before the break-in occurred - was key in his conviction.

The recording captured the sounds of Smith shooting Brady as he came down the stairs. Brady groans after the first and second shots, but is silent after a third shot, and Smith can be heard saying, 'You're dead.'

Scroll Down to Listen: WARNING GRAPHIC AND DISTURBING CONTENT

Guilty: Byron Smith on Tuesday in Little Falls, Minnesota on the day the jury took only about three hours to reject his claim of self-defense. He was immediately sentenced to life without parole
+12

Guilty: Byron Smith on Tuesday in Little Falls, Minnesota on the day the jury took only about three hours to reject his claim of self-defense. He was immediately sentenced to life without parole

Prosecutors say Smith put Brady's body on a tarp and dragged it into another room, then sat down and reloaded his weapon.

Rejected defense: Byron Smith walks into the courtroom to hear the verdict in his murder trial
+12

Rejected defense: Byron Smith walks into the courtroom to hear the verdict in his murder trial

Kifer whispers, 'Nick?' A shot is fired, and Kifer screams 'oh my God'. Smith apologizes as his gun jams, then fires at Kifer four more times and says: 'You're dying, b***h'.

A sixth and final shot - Smith described it as a 'finishing shot' to investigators - was heard soon after.

'That was the most damning piece of evidence in my mind,' Wes Hatlestad, one of 12 jurors, said Wednesday. 

'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.'

Smith shot 17-year-old Nick Brady and 18-year-old Haile Kifer as they descended the stairs into his basement, where prosecutors say Smith was waiting. 

Jurors convicted Byron Smith, 65, and a judge sentenced him to life in prison without the possibility of parole for killing at his home in rural Little Falls, Minnesota, on Thanksgiving Day in November 2012.

Listen Here: 

The case helped fuel a national debate about how far a person can go to protect himself from bodily harm and his home. It also divided Little Falls, a town of about 8,300 located 100 miles north of Minneapolis.

Smith never denied shooting the teens, but told police he had feared for his life. 

Prosecutors say Smith had moved his truck to make it look like no one was home, then sat in a chair at the bottom of his stairs with a book, energy bars, a bottle of water and two guns. He also set up a hand-held recorder on a bookshelf.

Kifer's aunt, Laurie Skipper, read a statement from her niece's parents: 'Byron Smith made a conscious choice to shoot and kill our beautiful daughter Haile. The feelings of helplessness are overwhelming.' 

Prosecutors said Smith's plan was set in motion on the morning of the killings, after Smith saw a neighbor whom he believed responsible for prior burglaries. 

Prosecutors say Smith moved his truck to make it look like no one was home, and then settled into a basement chair with a book, energy bars, a bottle of water and two guns. 

On a day most Americans spend gathering with family and friends, Smith had turned on an audio recorder and sat down with a novel alone in a basement chair wedged between bookcases with a rifle at his side and a handgun on his hip.

Smith also set up a hand-held recorder on a bookshelf, which captured audio of the shootings, and had installed a surveillance system that recorded images of Brady trying to enter the house.  

Defense attorneys said Smith was afraid after prior break-ins and was hiding from intruders, whom he feared were armed. Smith had previously installed video surveillance, and defense attorney Steve Meshbesher said Wednesday that Smith set up the audio recording as another means of protection.

'He was afraid that he might be killed,' Meshbesher said. 'He did it in case he was shot and killed in his house, and the police would have some evidence to use, and the family would be able to find the perpetrators.'

Meshbesher said jurors should have heard the whole recording, not just the portion selected by prosecutors. He said Smith plans to appeal.

Ted Sampsell-Jones, a criminal law professor at William Mitchell College of Law, said the audio recording was devastating to the defense, noting that Smith's taunts to the victims don't show a man in a panic.

'It was very powerful, and it makes it very clear that ... he didn't do this because he had to. He did it because he wanted to. And that is not what self-defense is about,' Sampsell-Jones said.

Time lapse: After killing the teens, he hid them in his house and waited a full day before telling a neighbor to call 911 about the break-in. Pictured above in court on Tuesday

Hatlestad said he felt early on in the trial that the killings were planned. 

He said the fact that Smith moved his truck from his home was significant, and he was struck that Smith positioned himself at the bottom of the stairs in 'a little hidey hole,' with a tarp ready.

He said jurors went through each charge point by point, 'and reasonably quickly came to the conclusion that we thought it was in fact premeditated,' Hatlestad said. 

He said jurors talked about the 'deer stand' that Smith set up to wait for the teens, and he also compared the set up to a 'shooting gallery' - a carnival game where a shooter waits for an object to march into view.

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.

Hatlestad said jurors gave careful consideration to the self-defense and defense-of-dwelling claims. He said the jurors supported Minnesota's laws, but found that Smith's actions didn't meet the requirements to justify the teens' killings.

'I do think he had some fear,' Hatlestad said. 'But his reaction to it was very unreasonable.'



Read more:  http://www.dailymail.co.uk/news/article-2618100/Court-releases-audio-chilling-murders-two-teen-burglars-recorded-65-year-old-killer-set-trap-basement.html#ixzz30UvomsDW" rel="nofollow - http://www.dailymail.co.uk/news/article-2618100/Court-releases-audio-chilling-murders-two-teen-burglars-recorded-65-year-old-killer-set-trap-basement.html#ixzz30UvomsDW  
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Replies:
Posted By: maysay1
Date Posted: May 01 2014 at 3:59pm
I hope he wins his appeal.

If my house had been broken into several times and I lived alone I would probably be in the same state of mind and do the same exact thing.




Posted By: JoliePoufiasse
Date Posted: May 01 2014 at 4:09pm
I hope he stays inside. Doesn't say anywhere that the teens were armed or posing an immediate deadly threat. He just felt like he was in a video game. He KILLED them because he wanted to. Y'all gotta stop acting like property is worth a life.


Posted By: tatee
Date Posted: May 01 2014 at 4:19pm
when someone breaks into a home its reasonable to expect that someone may end up dead.  his problem was that he took pleasure in killing them and captured his delight on tape.


Posted By: thewonderfulwa
Date Posted: May 01 2014 at 4:21pm
Life hes 65 I give him five years in to his sentence before he croaks.


Posted By: ModelessDiva
Date Posted: May 01 2014 at 4:24pm
Originally posted by tatee tatee wrote:

when someone breaks into a home its reasonable to expect that someone may end up dead.  his problem was that he took pleasure in killing them and captured his delight on tape.

agreed


Posted By: Benni
Date Posted: May 01 2014 at 5:11pm


Posted By: Journey94
Date Posted: May 01 2014 at 5:21pm
He's crazy af


Posted By: iliveforbhm
Date Posted: May 01 2014 at 5:29pm
I hope he wins the appeal. They shouldn't be breaking in no ones home.


Posted By: Az~Maverick
Date Posted: May 01 2014 at 7:11pm
Originally posted by ModelessDiva ModelessDiva wrote:

Originally posted by tatee tatee wrote:

when someone breaks into a home its reasonable to expect that someone may end up dead.  his problem was that he took pleasure in killing them and captured his delight on tape.

agreed

I agree too! My uncle shot and killed a burglar who entered his home years ago, but the law considered that self-defense because he spotted him first, then then the guy came after him with a weapon. 

The scenario in the OP is totally different.


Posted By: rell85
Date Posted: May 02 2014 at 12:36am
They messed with the wrong old man.


Posted By: f8dagrate
Date Posted: May 02 2014 at 12:42am
Usually I would be on the owners side but this man looks crazy as hell, glad he didn't hurt no black children.


Side bar, has anyone ever been robbed in their home? 


Posted By: ms_wonderland
Date Posted: May 02 2014 at 12:48am
their beautiful daughter shouldn't be committing burglaries .... i feel bad for the teenagers but this could've been avoided if they hadn't made those choices.


Posted By: newdiva1
Date Posted: May 02 2014 at 1:13am
even if he took pleasure.  sorry.  u coming into my house with the intent to rob and possibly kill me.  U just don't know.  it sucks that he enjoyed but maybe he was fed up with being victimized and preyed upon and lost his mind.  It's not impossible.  smh. it ain't right the turn criminals into fuccin' victims when they're the one breaking into people houses. 

has this man exhibited this behavior before?  Is he known for killing people and enjoying it?  that folks act like they wouldn't think the same thing if criminals were coming into their house? and more than once?  i'm gone need them to post pictures of what the people looked like when they were breaking into his house.

if he has to do time it shouldn't be life.  they just played up sympathy because the criminals were white bread and young.  foh.  your beautiful daughter was out here robbin' muthafuccas. 


Posted By: liesnalibis
Date Posted: May 02 2014 at 1:29am
A fair judgement. Them gun toters be crazy, and angry at life.


Posted By: marumaruyobi
Date Posted: May 02 2014 at 2:01am
See where he went wrong was when he killed them. He should have shot both of those idiots in the leg or put them in wheelchairs for the rest of their life so they could learn something! Shoot em in the leg, then call the cops while they're on the ground bleedin trying to army crawl away. 


Posted By: bindy
Date Posted: May 02 2014 at 2:15am
I guess he does not live in on of those "stand your ground States".


Posted By: DiorShowGirl
Date Posted: May 02 2014 at 2:32am
hhhmm i wonder if the outcome would be different if the kids were black?


Posted By: liesnalibis
Date Posted: May 02 2014 at 2:35am
Originally posted by DiorShowGirl DiorShowGirl wrote:

hhhmm i wonder if the outcome would be different if the kids were black?

Or this thread.


Posted By: eanaj5
Date Posted: May 02 2014 at 7:21am
im glad the kids werent black....
thats all i got really


Posted By: yurika975
Date Posted: May 02 2014 at 7:26am
They only got him because the teens were white. If they were black or brown he would be rewarded and the teens would be classified as criminals and inhuman criminal savages.


Posted By: eanaj5
Date Posted: May 02 2014 at 7:26am
Originally posted by yurika975 yurika975 wrote:

They only got him because the teens were white. If they were black or brown he would be rewarded and the teens would be classified as criminals and inhuman criminal savages.

Lamp


Posted By: beebeexx
Date Posted: May 02 2014 at 7:31am
some of y'all are sick.

he shot those kids 6 times. he wanted them to die. there is 0 justification for that.
you can shoot once, wound, lock them in the basement, and wait for the police to arrive.
this was cold blooded premeditated murder.

it's one thing to kill because you fear for your life... but planning to murder because you feel victimized is wrong. he was in a really sh*tty situation and the kids were 100% wrong and deserved to be punished... but they did not deserve to pay with their lives.

you can't really say you value life if you think murder is okay simply because someone is doing something they shouldn't be. capitalism really has society *&%^$#@Eed up.


Posted By: eanaj5
Date Posted: May 02 2014 at 7:40am
get or get got. they entered his HOME.


Posted By: MsBMW
Date Posted: May 02 2014 at 7:54am
Originally posted by beebeexx beebeexx wrote:

some of y'all are sick.

he shot those kids 6 times. he wanted them to die. there is 0 justification for that.
you can shoot once, wound, lock them in the basement, and wait for the police to arrive.
this was cold blooded premeditated murder.

it's one thing to kill because you fear for your life... but planning to murder because you feel victimized is wrong. he was in a really sh*tty situation and the kids were 100% wrong and deserved to be punished... but they did not deserve to pay with their lives.

you can't really say you value life if you think murder is okay simply because someone is doing something they shouldn't be. capitalism really has society *&%^$#@Eed up.

Bee I agree they should not have paid with their lives they were not armed...leaves thread


Posted By: Merin
Date Posted: May 02 2014 at 7:55am
Originally posted by beebeexx beebeexx wrote:

some of y'all are sick.

he shot those kids 6 times. he wanted them to die. there is 0 justification for that.
you can shoot once, wound, lock them in the basement, and wait for the police to arrive.
this was cold blooded premeditated murder.

it's one thing to kill because you fear for your life... but planning to murder because you feel victimized is wrong. he was in a really sh*tty situation and the kids were 100% wrong and deserved to be punished... but they did not deserve to pay with their lives.

you can't really say you value life if you think murder is okay simply because someone is doing something they shouldn't be. capitalism really has society *&%^$#@Eed up.


I agree with you here. Sorry I am usually #teanhomeowner but this fool is crazy.


Posted By: *M. Gurl *
Date Posted: May 02 2014 at 8:24am
That audio was very eerie...


Posted By: Lady ICE
Date Posted: May 02 2014 at 8:27am
you enter someones home it should be expected that you could die. armed or not. 



Posted By: fckwitmeuknoigotit
Date Posted: May 02 2014 at 8:33am
Originally posted by eanaj5 eanaj5 wrote:

im glad the kids werent black....
thats all i got really


Posted By: Im_oh_so_hott
Date Posted: May 02 2014 at 12:18pm
Relieved no one is of color.


Posted By: iliveforbhm
Date Posted: May 02 2014 at 12:26pm
Originally posted by beebeexx beebeexx wrote:

some of y'all are sick.

he shot those kids 6 times. he wanted them to die. there is 0 justification for that.
you can shoot once, wound, lock them in the basement, and wait for the police to arrive.
this was cold blooded premeditated murder.

it's one thing to kill because you fear for your life... but planning to murder because you feel victimized is wrong. he was in a really sh*tty situation and the kids were 100% wrong and deserved to be punished... but they did not deserve to pay with their lives.

you can't really say you value life if you think murder is okay simply because someone is doing something they shouldn't be. capitalism really has society *&%^$#@Eed up.


They shouldn't have broke in that man's house. Even if your a criminal there are certain rules you live by because a person can snap on you real quick. They should have value their lives if they didn't want to lose it.


Posted By: JasmineE02
Date Posted: May 02 2014 at 12:29pm
I'm going to wholeheartedly agree with the jury on this one.  There are certain things you don't get to do, even as a homeowner.  Being a deranged murderer is one of those things.    


Posted By: Bored w/Out Me?
Date Posted: May 02 2014 at 12:35pm
Yt kids lives are valued greatly, even doing wrong they get a man convicted.
Gotta love america


Posted By: EPITOME
Date Posted: May 02 2014 at 12:45pm
there is such a thing as excessive force....



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