Homeowner Charged With Murder After Shooting Intruders


A Minnesota homeowner is charged with murder after shooting two intruders. Byron Smith, age 65, was in his basement when he heard someone break into his home. As the burglars descended into the basement, Smith shot them both dead. The shooting sparked controversy as the intruders were both under the age of 18.

The break-in occurred on Thanksgiving Day, 2012. Nick Bradley, age 17, and Haile Kifer, age 18, are suspected of breaking into numerous homes throughout the neighborhood. Smith said his own home was broken into and robbed on several occasions.

Smith said he was simply defending his property and his life. The defendant denies having prior knowledge of the teens’ identities or their plan to break into his home.

Although Minnesota law allows homeowners to use deadly force against burglars, authorities believe the Bradley and Kifer’s deaths were premeditated. Following an interview with police, Smith was arrested and charged with two counts of first-degree premeditated murder and two counts of second-degree murder.

Prosecutors said Byron Smith’s behavior before and after the shooting the intruders revealed his guilt. As reported by ABC News, Assistant Washington County Attorney Brent Wartner said the defendant expected the break-in and was waiting for the teens:

“He’s down in the basement, in a chair, tucked between two bookcases at the bottom of the stairs. He said he was down there reading a book… with his Mini-14, a.22-caliber revolver, some energy bars and a bottle of water… And he waited.”

During the police interview, Smith admitted deliberately shooting the intruders. He further admitted that his intention was to end their lives. As reported by CBS News, defense attorney Steve Meshbesher argues that it is a clear case of self-defense:

“Mr. Smith is the person who shot and killed those two people, but he is not criminally responsible for the deaths. He is not guilty of murder… He became frightened and scared to live in his own home… He began to wear a holster and pistol in his own house. That is how afraid he is, and became.”

In his own words, Byron Smith explained that his home had been broken into on several occasions and he was in fear for his life. The defendant said he “was no longer wiling to live in fear. ”

Prosecutors have also criticized Smith’s behavior after the shooting. Authorities said the defendant did not report the incident until the following day. Smith reportedly contacted a neighbor and confessed what happened. The neighbor then contacted police.

Smith has not provided an explanation as to why he waited. As the controversial case continues, Byron Smith is facing life in prison for shooting the intruders.

[Image via Zbroya and Branier Dispatch]

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