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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.
You may or may not be right about them "not being a threat" after the first shot. We can't assume anything until we know all of the facts.
The bottom line is that the man had a right to defend himself and his property. The criminals were in his house ... he didn't shoot them in their house. The moral of the story?: If you don't want to get shot don't break into someone else's home.
P.S. I would never get satisfaction over killing anyone. However, I do get satisfaction when justice is served. There's a difference.
I don't believe this. You and the other pro-gun people are absolutely frothing at the mouth hoping to get a chance to blow someone away: every post you guys make on this issue echoes just that thought.
In the US the penalty for breaking and entering is not death. The penalty for burglary is not death. In both cases especially if you are not armed. So, taking satisfaction in blowing someone away because they are in your house is not okay. You are deeming yourself executioner beyond what the State itself does.I'm going to assume the multiple break ins caused the guy emotional trauma akin to PTSD
It's one thing to think you're safe in your home and another to know it's only a matter of time before some piece of shit breaks in and possibly does you harm.
Here's the thing people if someone will break into your home while you are there they are prepared to hurt you. If they weren't they would wait until your house was empty.
Exactly. I voted he is innnocent. The two perps would be alive had they not entered the mans home.
In the US the penalty for breaking and entering is not death. The penalty for burglary is not death. In both cases especially if you are not armed. So, taking satisfaction in blowing someone away because they are in your house is not okay. You are deeming yourself executioner beyond what the State itself does.Exactly. I voted he is innnocent. The two perps would be alive had they not entered the mans home.
He was hiding in the basement. No only did they break into his home, they came into his basement where he was hiding. If they'd just stolen stuff and left, they'd still be alive. Why did they go into his basement? Perhaps they were after him? In any case, he had every right to shoot them at least once.
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.
So exactly what does "pre-meditation" mean?
Read this article.
Byron Smith's monologue revealed in audio recordings | BrainerdDispatch.com | Brainerd, Minnesota
Does it not sound like he had come undone?
He had the right to defend his home, so he had the right to shoot them. But then they were incapacitated and he should have called the police. Instead he chose to taunt them and then to execute them.
That's very, very wrong.
Read this article.
Byron Smith's monologue revealed in audio recordings | BrainerdDispatch.com | Brainerd, Minnesota
Does it not sound like he had come undone?
It's probably posted somewhere but I'm curious as to the man's age and I would also be interested to know if he was on any prescribed medications. We know that he was on edge due to the fact that his house had been broken into before so it's quite possible that he didn't sleep well at night fearing another breakin. If that's the case fatigue may have played a role in his mental state and subsequent actions.
I'm going to assume the multiple break ins caused the guy emotional trauma akin to PTSD
It's one thing to think you're safe in your home and another to know it's only a matter of time before some piece of shit breaks in and possibly does you harm.
Here's the thing people if someone will break into your home while you are there they are prepared to hurt you. If they weren't they would wait until your house was empty.
Exactly. I voted he is innnocent. The two perps would be alive had they not entered the mans home.
Incorrect.
See post #76 where the actual statue is cited, and how the actions of the defendant do not conform to the law:
The intentional taking of the life of another is not authorized by section 609.06, 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 actor's place of abode.
https://www.revisor.leg.state.mn.us/statutes/?id=609.065
Consequently, the defendants actions were unlawful in the state of Minnesota once the criminal suspect had been neutralized and no longer expose[d] the actor or another to great bodily harm or death:
Moreover, the notion that the defendant might have suffered a diminished mental capacity isnt supported by his actions, which were deliberate, calculated, and premeditated.Smith dragged Kifer's body into the workshop and laid it on top of Brady's, Wartner said. Smith told investigators he thought he heard Kifer gasping, so he placed his revolver under her chin and fired what he told police was a "good clean finishing shot to the head," the assistant prosecutor said.
Byron Smith, Minnesota homeowner on trial for murder, lay in wait for teen burglars, prosecutor says - CBS News
So tell me when should you assume that the person breaking into your home while you are there is going to harm you?
Before shes laying on the ground with a bullet in her chest gasping for air, not after.
Right so you shoot first.
The only mistake this old man made was taping the incident.
Those scum bags got exactly what they deserved.
Read this article.
Byron Smith's monologue revealed in audio recordings | BrainerdDispatch.com | Brainerd, Minnesota
Does it not sound like he had come undone?
forget "temporary" insanity. He's fully gone.
... and that he may have dragged a body onto a tarp - what? To keep the mess to a minimum?
Pretty cold blooded.
You don't know what he was thinking. He was hiding in his basement. They came in, what would you do? Several years ago a woman's house was broken into and she was told to hide in the bedroom. She did, the guy broke down her door and shot her in the face. Do you think she didn't have a right to protect herself, if she'd had a gun?
Nothing I've read states if these kids were armed or not.
Per my most recent link;
While the two dead teens were not armed, Smith has said he was afraid he'd be killed with a shotgun that was stolen in one of several previous burglaries.
Kimberly Brady spoke to reporters after the sentencing. "My son was a tremendous kid," she said. "I think often of what he could have been and I see other young men with their dads or their moms and it's really, really difficult, and I have to think that I never will have that chance again."
I know she's his mother. But in my estimation, "tremendous kids" don't do B&E.
Kimberly Brady spoke to reporters after the sentencing. "My son was a tremendous kid," she said. "I think often of what he could have been and I see other young men with their dads or their moms and it's really, really difficult, and I have to think that I never will have that chance again."
I know she's his mother. But in my estimation, "tremendous kids" don't do B&E.
I agree. I think the mom should be in jail. Anyone who thinks a kid who breaks and enters a man's home REPEATEDLY is a "tremendous kid" obviously supports the kids behavior and should be in jail.
In the US the penalty for breaking and entering is not death. The penalty for burglary is not death. In both cases especially if you are not armed. So, taking satisfaction in blowing someone away because they are in your house is not okay. You are deeming yourself executioner beyond what the State itself does.
He was hiding in the basement. No only did they break into his home, they came into his basement where he was hiding. If they'd just stolen stuff and left, they'd still be alive. Why did they go into his basement? Perhaps they were after him? In any case, he had every right to shoot them at least once.
Prosecutors said Smiths 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.
It's their theory he set them up, not tat he was hiding in fear
From what I read he wasn't hiding in his basement in fear.
The article I read last night said that he did his best to make it look like no one was home and he went down to the basement with his gun and a long book hoping that someone would break in so he could shoot them.
Edit: yeah, what R.D. said a coupla posts up
Read this article.
Byron Smith's monologue revealed in audio recordings | BrainerdDispatch.com | Brainerd, Minnesota
Does it not sound like he had come undone?
forget "temporary" insanity. He's fully gone.
I think his attorney dropped the ball in a spectacular fashion.
I know she's his mother. But in my estimation, "tremendous kids" don't do B&E.
I agree. I think the mom should be in jail. Anyone who thinks a kid who breaks and enters a man's home REPEATEDLY is a "tremendous kid" obviously supports the kids behavior and should be in jail.
I know nothing of the parents, but she did look like a meth 'after' picture, and I am not being unkind. She did.
He was hiding in the basement. No only did they break into his home, they came into his basement where he was hiding. If they'd just stolen stuff and left, they'd still be alive. Why did they go into his basement? Perhaps they were after him? In any case, he had every right to shoot them at least once.
Prosecutors said Smiths 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.
It's their theory he set them up, not tat he was hiding in fear
So why did they go in his basement? What were they after?
