Trial for this 2012 double homicide is finally underway. Cannot believe that some people Ive seen post this on FB or comment on news outlets posting it on FB that what he did was 100% justifiable. I understand that dont break into someones house and this wouldnt happen....but what he did was above and beyond self defense. It was an execution


http://www.startribune.com/local/256189861.html?page=2&c=y

http://en.wikipedia.org/wiki/Byron_David_Smith_killings

All I know is...she was kind of hot. I bet the guy snuck a peak with her being in the basement so long.

Should be a fairly open and shut case. He should be charged with murder and that'll be that.

If he wouldn't have taken the kill shot on both of them and reported it right away I would have been fine with what happened.

The "kill shots" and him planning out the attacks should remove any chance of him walking away from the case.

Usually, legally speaking, you can only use force on someone if they're approaching you and you perceive there to be a threat.

The fact that he shot to wound, moved the bodies, and THEN shot to kill means he had eliminated the threat and then killed them anyway.

So... It's OK for a cop to unload 12 or 15 shots from his Glock Because he never stops?

Maybe they farted or something and they perceived as a threat.

Very sad situation for both families two young lives wasted and a respected retire old guy world turned upside down. Home break in, middle of the night, two suspects inside, alone old guy, in the dark basement waiting ….. anticipation, fear and anger builds up and a second level of irrational thinking set in and even addition violent reaction seems justified to the individual.
“Kill shot” is the end result .. Justified no . wrong yes, sound mind at the time no,…. so many wrongs by three individuals ….
(if kill shot where legal would home invasion drop?)

Belly35;1608597 wrote:Very sad situation for both families two young lives wasted and a respected retire old guy world turned upside down. Home break in, middle of the night, two suspects inside, alone old guy, in the dark basement waiting ….. anticipation, fear and anger builds up and a second level of irrational thinking set in and even addition violent reaction seems justified to the individual.
“Kill shot” is the end result .. Justified no . wrong yes, sound mind at the time no,…. so many wrongs by three individuals ….
(if kill shot where legal would home invasion drop?)

He definitely isn't respectable.

His excuse on the final "kill shot" of the girl was that it was she was giving a death twitch and he wanted to put her out of her misery.

Not saying that's true or right, just telling you what he said in court.

Don't break into someone's house and you don't get shot!

Fab1b;1608651 wrote:Don't break into someone's house and you don't get shot!

That is true. But knowing these two teenagers had made a stupid, horrible decision, the kill shots were very excessive. The guy was understandably angry. But there is some human responsibility here.

I'll stir the pot by saying this...If these two teens were black, this case would be over. The public support behind the homeowner would be huge. But they were cute white kids, so it is a tragedy. I'm susceptible to this same type of thinking I will admit.

Why is she breaking into someone's house wearing a dark hoodie?

He defended himself, but then took it too far once the threat was dissolved.

Fab1b;1608651 wrote:Don't break into someone's house and you don't get shot!

Doesnt give you the right to execute someone regardless. If he was protecting himself, sure I could understand that....but he wasnt.,

This man was worried about vandalism yet parked his truck clear down the street to make it look as if nobody was home? He also then set up video and audio recordings of his basement, and laid in wait with food and water in his basement for the burglars. He then shot the first victim twice, let him fall down the stairs to his feet and then went the for the "kill shot". Put his body in a tarp and drug it across the room and went back to wait for the 2nd victim.

Shot her in the chest, gun jammed. Had the time to SWITCH GUNS, shot her multiple more times in the chest then drug her across the room to where the other corpse was. He then is heard saying "bitch" and shooting her execution style directly under the chin. There is absolutely no way that you are defending yourself from someone bleeding and dying at your feet. This was 110% premeditated and murder. I dont know how honestly anybody can defend it

They are over-charging him. He will walk. He's not guilty of first-degree murder.

I think the case would receive a lot more attention if the deceased were black, the media would have already painted the owner as an evil racist and that if the intruders were white he would not have killed them

Dr Winston O'Boogie;1608656 wrote:That is true. But knowing these two teenagers had made a stupid, horrible decision, the kill shots were very excessive. The guy was understandably angry. But there is some human responsibility here.

I'll stir the pot by saying this...If these two teens were black, this case would be over. The public support behind the homeowner would be huge. But they were cute white kids, so it is a tragedy. I'm susceptible to this same type of thinking I will admit.

Huh? If they were black it would be another trayvon type of media circus.

KB0938;1608686 wrote:Doesnt give you the right to execute someone regardless. If he was protecting himself, sure I could understand that....but he wasnt.,

This man was worried about vandalism yet parked his truck clear down the street to make it look as if nobody was home? He also then set up video and audio recordings of his basement, and laid in wait with food and water in his basement for the burglars. He then shot the first victim twice, let him fall down the stairs to his feet and then went the for the "kill shot". Put his body in a tarp and drug it across the room and went back to wait for the 2nd victim.

Shot her in the chest, gun jammed. Had the time to SWITCH GUNS, shot her multiple more times in the chest then drug her across the room to where the other corpse was. He then is heard saying "bitch" and shooting her execution style directly under the chin. There is absolutely no way that you are defending yourself from someone bleeding and dying at your feet. This was 110% premeditated and murder. I dont know how honestly anybody can defend it

I didn't defend it but what I said was true. Don't break into someone's house and you don't get shot! Can you argue that? Did he go to far? YES! What was the cause though? The break in!

Fab1b;1608720 wrote:I didn't defend it but what I said was true. Don't break into someone's house and you don't get shot! Can you argue that? Did he go to far? YES! What was the cause though? The break in!

Uh Oh.... It looks like you just invoked the 5% rule.

"she woulnt have got raped unless she got drunk."

\FWK'd

Its ok fabbie Start back peddling

Fab1b;1608720 wrote:I didn't defend it but what I said was true. Don't break into someone's house and you don't get shot! Can you argue that? Did he go to far? YES! What was the cause though? The break in!

What you said was true yes. Doesnt change the fact that what he did was murder though, regardless

KB0938;1608732 wrote:What you said was true yes. Doesnt change the fact that what he did was murder though, regardless

Not first-degree murder, which is what they're charging him with. He will be found not guilty because it wasn't premeditated. It was in the heat of the moment.

It wasnt premeditated? He parked his car down the street to make it appear as if he wasnt home, had audio recording, and was waiting for the intruders lol.

Said he was cleaning out his garage, and was worried about vandalism.....yet he parks his truck 3 blocks away from his house?

KB0938;1608744 wrote:It wasnt premeditated? He parked his car down the street to make it appear as if he wasnt home, had audio recording, and was waiting for the intruders lol.

Said he was cleaning out his garage, and was worried about vandalism.....yet he parks his truck 3 blocks away from his house?

That's a stretch to call that premeditation. He didn't force the kids to break in. He was protecting himself and his house. Was it excessive force? Yes. First-degree murder? No.

Burden of proof is on the prosecution to prove it was premeditated. I don't think the evidence is there.

The dude is 64 years old, why go for 1st degree, his sentence would mean a death sentence with 2nd degree. The prosecution may be over reaching here. Yes, it is easy to say that you believe, but getting 12 jurors to all agree might be a stretch.

TedSheckler;1608751 wrote:That's a stretch to call that premeditation. He didn't force the kids to break in. He was protecting himself and his house. Was it excessive force? Yes. First-degree murder? No.

Burden of proof is on the prosecution to prove it was premeditated. I don't think the evidence is there.

Agree

Also why would I back pedal. I never once said the old man wasn't wrong I just stated the got shot because THEY broke in and if THEY hadn't they'd still be here!