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If he's guilty then I will be just as guilty when I shoot any intruder who dares to break into my home. It's recommended that if you do have to shoot someone who breaks in that you kill them. I know that sounds grizzly and I hope I never have to but there are two reasons for the recommendation:
1) An injured intruder may still be armed and may still pose a threat to life and limb.
2) Injured intruders can sue the pants off of homeowners for life-changing injuries.
I'm kind of surprised he's even being tried. They were IN his HOUSE.
The jurors heard the dramatic audio recordings Tuesday involving the homeowner who said he feared for his life after several previous break-ins.
Byron Smith, 65, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 18, on Thanksgiving Day 2012. The retired State Department security engineer told police that, after the repeated break-ins, he was so fearful that he installed recording devices in his house.
Glass breaking and footsteps could be heard on the recordings. According to Pam Louwagie, a reporter with the Minneapolis Star Tribune, the tapes captured the moments of the fatal shootings.
“The first couple of gunshots you hear are just two loud bangs, and then you hear Nick Brady groaning,” Louwagie said.
After another bang, Smith’s voice could be heard.
“You’re dead,” he said.
“And soon after that, you can hear a tarp rustling, and it sounds like he’s dragging Nick Brady across the carpet,” Louwagie said.
Minutes later, when Kifer went into the basement, perhaps looking for Brady, Smith apparently shot her too, then quickly said, “Oh, sorry about that.”
But, prosecutors said, he didn’t stop there, firing amid Kifer’s screams.
And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?
'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News
The moment the perps were no longer a threat, and he continued firing at them, he became guilty of premeditated murder.
Had he stopped shooting when they stopped being a threat, he'd be guilty of nothing at all.
How hard is that to figure out, really?
Pre-meditation requires more than a few minutes or seconds of thinking about killing someone. it involves planning, and an intended target. The kill shots were manslaughter, sure, but not murder 1.
I'm kind of surprised he's even being tried. They were IN his HOUSE.
And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?
'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News
The moment the perps were no longer a threat, and he continued firing at them, he became guilty of premeditated murder.
Had he stopped shooting when they stopped being a threat, he'd be guilty of nothing at all.
How hard is that to figure out, really?
Precisely. A first year law student would see that in an instant.
Scenario: You are sleeping in your bed at midnight. Someone is in the kitchen. You grab your gun and turn the kitchen light on. An old man is rummaging through your refrigerator, looking for something to eat. He is a street bum who has broken in through the kitchen door. He turns, raises his hands and says, "Oh, sorry. Just looking for something to eat. I will be going now." You say, "Oh, no you won't, and shoot him five times in the chest. Murder one.
Just because someone breaks into your house does NOT give you the right to shoot them unless the circumstances are such that you reasonably feel that your life is in danger.
If he's guilty then I will be just as guilty when I shoot any intruder who dares to break into my home. It's recommended that if you do have to shoot someone who breaks in that you kill them. I know that sounds grizzly and I hope I never have to but there are two reasons for the recommendation:
1) An injured intruder may still be armed and may still pose a threat to life and limb.
2) Injured intruders can sue the pants off of homeowners for life-changing injuries.
On point 2 more and more states are enacting shield laws to prevent perpetrators of crimes from suing their would be victims. In any event a family could sue you for a dead skell anyway, unless of course the laws are written to prevent that.
Pre-meditation requires more than a few minutes or seconds of thinking about killing someone. it involves planning, and an intended target. The kill shots were manslaughter, sure, but not murder 1.
Wrong.
I'm kind of surprised he's even being tried. They were IN his HOUSE.
The jurors heard the dramatic audio recordings Tuesday involving the homeowner who said he feared for his life after several previous break-ins.
Byron Smith, 65, is charged with first-degree premeditated murder in the slayings of cousins Nick Brady, 17, and Haile Kifer, 18, on Thanksgiving Day 2012. The retired State Department security engineer told police that, after the repeated break-ins, he was so fearful that he installed recording devices in his house.
Glass breaking and footsteps could be heard on the recordings. According to Pam Louwagie, a reporter with the Minneapolis Star Tribune, the tapes captured the moments of the fatal shootings.
“The first couple of gunshots you hear are just two loud bangs, and then you hear Nick Brady groaning,” Louwagie said.
After another bang, Smith’s voice could be heard.
“You’re dead,” he said.
“And soon after that, you can hear a tarp rustling, and it sounds like he’s dragging Nick Brady across the carpet,” Louwagie said.
Minutes later, when Kifer went into the basement, perhaps looking for Brady, Smith apparently shot her too, then quickly said, “Oh, sorry about that.”
But, prosecutors said, he didn’t stop there, firing amid Kifer’s screams.
And how can it possibly be premedited?? He didn't know there would be another break-in; how could he? Wouldn't the prosecution have to prove that he knew they would be breaking in?
'You're Dead,' Minn. Man Said After Shooting Teen Intruder - ABC News
The moment the perps were no longer a threat, and he continued firing at them, he became guilty of premeditated murder.
Had he stopped shooting when they stopped being a threat, he'd be guilty of nothing at all.
How hard is that to figure out, really?
If he's guilty then I will be just as guilty when I shoot any intruder who dares to break into my home. It's recommended that if you do have to shoot someone who breaks in that you kill them. I know that sounds grizzly and I hope I never have to but there are two reasons for the recommendation:
1) An injured intruder may still be armed and may still pose a threat to life and limb.
2) Injured intruders can sue the pants off of homeowners for life-changing injuries.
If he's guilty then I will be just as guilty when I shoot any intruder who dares to break into my home. It's recommended that if you do have to shoot someone who breaks in that you kill them. I know that sounds grizzly and I hope I never have to but there are two reasons for the recommendation:
1) An injured intruder may still be armed and may still pose a threat to life and limb.
2) Injured intruders can sue the pants off of homeowners for life-changing injuries.
And reason #3, Drifting Sand...you don't want them coming back after you for revenge when they get out of jail in a couple of months.
If he's guilty then I will be just as guilty when I shoot any intruder who dares to break into my home. It's recommended that if you do have to shoot someone who breaks in that you kill them. I know that sounds grizzly and I hope I never have to but there are two reasons for the recommendation:
1) An injured intruder may still be armed and may still pose a threat to life and limb.
2) Injured intruders can sue the pants off of homeowners for life-changing injuries.
On point 2 more and more states are enacting shield laws to prevent perpetrators of crimes from suing their would be victims. In any event a family could sue you for a dead skell anyway, unless of course the laws are written to prevent that.
That's a good thing because I don't believe an intruder should get a dime for breaking the law. Nevertheless, it still may be best to put him out of everyone else's misery.
On point 2 more and more states are enacting shield laws to prevent perpetrators of crimes from suing their would be victims. In any event a family could sue you for a dead skell anyway, unless of course the laws are written to prevent that.
That's a good thing because I don't believe an intruder should get a dime for breaking the law. Nevertheless, it still may be best to put him out of everyone else's misery.
You don't have the right to make that decision. You are not judge, jury and executioner. If you take on that role, you will go to prison.
That's a good thing because I don't believe an intruder should get a dime for breaking the law. Nevertheless, it still may be best to put him out of everyone else's misery.
You don't have the right to make that decision. You are not judge, jury and executioner. If you take on that role, you will go to prison.
I have a TOTAL right to be the judge when someone breaks into my home. Since I don't know their intent I have to assume that their intent is to kill me. So I have EVERY right to kill them first. Period!!!
I've argued this position before... Life Sentence for Oklahoma Pharmacist Sparks Debate - ABC News
You don't have the right to make that decision. You are not judge, jury and executioner. If you take on that role, you will go to prison.
I have a TOTAL right to be the judge when someone breaks into my home. Since I don't know their intent I have to assume that their intent is to kill me. So I have EVERY right to kill them first. Period!!!
Not the way the man in the OP did. He shot and disabled them. He did not have the right to continue shooting and purposely kill them after they were not a threat. Answer this: why are you so gung ho to kill people? Sounds like you really get a thrill out of thinking and talking about how you would take so much delight and pleasure is murdering someone. Sounds like you would get a hell of a lot of satisfaction out of it.
