The bulk of our story takes place in the Little Falls home of 64-year-old Byron David Smith, a retired security engineering officer in the U.S. State Department. Smith was living on his own and was worried about becoming the next target in a rash of recent burglaries in his area.
It’s an unfortunate fact that we never truly know how safe we are until our safety is tested by something dangerous. Luckily, Smith chose to arm himself, just in case. He had no idea that it was this seemingly-proactive decision that would ultimately lead to his own undoing…
Many Burglaries
Byron Smith had already been burglarized when our story began. Whoever it was had stole some rare coins, quite a few dollars in cash, his father’s POW watch, and even a chainsaw. According to him, he’d been robbed nearly half-a-dozen times already, maybe more, and he wasn’t about to let them take anything else.
Self Security
The first thing Smith did was install a security system to protect himself, which most people would agree that this is a reasonable precaution to take. Smith’s subsequent precautions, however, seemed a bit paranoid. He started wearing a holster with a loaded gun inside the house and stashed supplies in his basement in case he had to barricade himself down there…
Break In
To many, it appeared as though Smith was simply being paranoid, but when the thieves eventually returned on Thanksgiving Day 2012, he found himself more than prepared to stop the burglars once and for all. 17-year-old Nicholas Brady and his 18-year-old cousin Haile Kifer had been waiting for another chance at Smith’s house.
Criminal Links
Though it cannot be proven, there is some evidence that suggests Kifer and Brady were responsible for all the precious break-ins. This is due to the fact that the two teens were also being investigated for other local burglaries. True or not though, Smith himself was pretty convinced that they were responsible and he was going to stop them by any means necessary…
Drove Down
Early that morning, Smith drove his vehicle down the road and parking it in front of a neighbor’s home. Then, he walked over to a neighbor’s house. Later that day, he noticed one of the young people he believed responsible, drive towards his home. He knew that he needed to get ready to confront the burglars and quickly walked home to prepare.
Setting Up
Smith walked inside and turned on a recording device he owned. Then, he proceeded to remove all the lightbulbs from all his ceiling lights and sat in a chair in a darkened corner of the basement. He sat there, gun in hand, and listened as he heard the upstairs window break. As expected. Kifer and Brady were breaking into Smith’s home…
He Knew It
Smith’s newly-installed video surveillance cameras captured them arriving on the property prior to the break-in. It was a further 12 minutes before anything else happened and Smith continued to sit in silence, waiting for the brazen burglars to reach him. Then, Brady began to descend the stairs into the basement.
Shot Down
Unsure if the teens themselves were armed, Smith fired his gun twice. Brady was hit twice and fell down the stairs into the darkened basement. Finally, Smith stood from where he sat and delivered a coup de grace into Brady’s head as he was prone. He wasn’t done yet though, not with Brady and not with his cousin upstairs…
Reloaded
Smith then proceeded to make rude, taunting remarks at Brady’s body as he wrapped it up in a tarp and dragged it into another room. He hadn’t heard from Kifer, so he went upstairs to check but decided it was better to maintain his previously obscured position at the bottom of the basement steps and wait.
Crying Out
15 minutes later, he could hear Kifer entering the house. She was calling her cousin’s name, whisper-shouting it as she made her way towards the basement steps. As soon as she was in his sights, he shot her too. The wounded 18-year-old fell down the steps, screaming for mercy all the way. “I’m sorry…Oh God…” she cried. But Smith wasn’t listening…
Shot Down
Smith was about to take another kill shot when his rifle jammed. He jokingly apologized to the girl, then took out his High Standard Double Nine Convertible .22-caliber single-action revolver and shot her several more times in the torso. His final shot went in right next to her left eye. The whole while, Smith continued to mock her.
Adding Insult to Injury
The cruel homeowner repeatedly called Kifer a number of derogatory names as he killed her and even as he dragged her to the other room. He tossed her body unceremoniously atop her cousins, then took aim one final time, shooting her just underneath the chin. His home was safe but he’d done the unimaginable…
Call the Cops
Though he eventually cited self-defense as his reasoning for the murders, Smith didn’t report the deaths immediately to the police. He waited until the next day to call them, stating that he didn’t want to bother them on Thanksgiving with something that he evidently felt was “no big deal.” He could not have been more wrong.
Evidence of Guilt
The sheriff discovered evidence in his car that linked both teens to the burglary of a retired school teacher from earlier that evening. Sheriff Michel Wetzel eventually determined that yes, Brady and Kifer were there to burglarize Smith’s home, but that didn’t make what Smith had done any more acceptable…
The Great Debate
Smith’s defense was that he was worried the teens might be armed and that he was defending his life. This, in turn, gave rise to the debate over the concept of “Castle Doctrine,” which says that one can indeed use lethal force to defend their home if they feel their life is in danger. The problem with this defense is two-fold.
Castle Doctrine
Several legal analysts who have looked at the case said that the initial shootings would most likely have been justified under Minnesota’s laws, but those shots weren’t the problem. The fact that Smith fired execution style on two prone teenagers is what renders the debate over castle doctrine a bit of a moot point. Especially as he was lying in wait for them too…
Lying in Wait
Much of what Smith did certainly constitutes premeditation and use of excessive force. Once he knew what he was working with, he could have called the police, but rather than seek justice, he decided to find vengeance. The fact that he moved his truck, thereby making the house look abandoned, also made it seem like he lured the would-be burglars there in order to punish them.
Damning Tape
As for the multiple burglaries he’d suffered prior to the shootings, Smith had only reported one of those. This, his plan to lure the criminals there, his excessive force, and the rather damning statements he made in his hours of recorded tape, all proved to be pretty strong evidence that Smith had committed nothing less than second-degree murder…
Convictions
The recorded discussions Smith had while dispatching the teen burglars indicated that he thought he was doing his civic duty and that he felt the law system had failed him and the criminals he’d killed. Eventually, Smith was found guilty on two counts of first-degree murder with premeditation and on two counts of second-degree murder.
Appeals
Smith has since been sentenced to life in prison without parole but has been trying to appeal this conviction ever since then. Recently, Smith has begun making noise in the press about these appeals as can be seen in the video below…
