This.SpanishInquisition wrote:Perhaps, but if grandpa drug the second intruder around a bit and then was able to put the gun under her chin and fire a brain pan shot, she was obviously not a threat to his well being before the trigger was pulled or when he commenced dragging.
You are scary and shouldn't even be allowed near a gun.MrJog wrote:I think he was justified. I don't think it is right to charge him for murder, just because he was happy about it. Maybe it is strange that he enjoyed the act of killing. But I don't think that should be the deciding factor in whether or not to charge him. He could not have known what they had on their agenda. I would fight tooth and nail for him I were on that jury.
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I am as shocked at what I read here by some who obviously have no clue as to the law and self defense as I am at the psycho that executed these two kids. Some of you shouldn't ever be allowed any where near a gun. Educate yourselves, you give the rest of the law abiding,rational thinking gun owners a bad name. Attitudes like yours will cause all of us irreparable damage. Not refering to you Kreutz, just to some who responded to your post.Kreutz wrote:http://www.wday.com/event/article/id/71799/
More at link, kind of an interesting read, I don't think this guy "was all there" mentally.LITTLE FALLS, Minn. (AP) — A Minnesota homeowner who shot two teenagers in the midst of an apparent Thanksgiving Day break-in told authorities he feared they had a weapon, but acknowledged firing "more shots than I needed to" and appeared to take pride in "a good clean finishing shot" for one teen, according to investigators.
Byron David Smith, 64, was charged Monday with two counts of second-degree murder in a criminal complaint that was chilling for the clinical way investigators said he described the shootings.
Smith told investigators he shot 18-year-old Haile Kifer several times as she descended a stairway into his basement, and his Mini 14 rifle jammed as he tried to shoot her again after she had tumbled down the steps.
Though Kifer was "already hurting," she let out a short laugh, Smith told investigators. He then pulled out his .22-caliber revolver and shot her several times in the chest, according to the complaint.
"If you're trying to shoot somebody and they laugh at you, you go again," Smith told investigators, according to a criminal complaint filed Monday.
Smith was also charged in the death of Kifer's cousin, 17-year-old Nicholas Schaeffel.
In the complaint, Smith said he was in his basement when he heard a window breaking upstairs, followed by footsteps that eventually approached the basement stairwell. Smith said he fired when Schaeffel came into view from the waist down.
After the teen fell down the stairs, Smith said he shot him in the face as he lay on the floor.
"I want him dead," the complaint quoted Smith telling an investigator.
Smith said he dragged Schaeffel's body into his basement workshop, then sat down on his chair. After a few minutes, Kifer began coming down the stairs and he shot her as soon as her hips appeared, he said.
After shooting her with both the Mini 14 and the .22-caliber revolver, he dragged her next to Schaeffel. With her still gasping for air, he fired a shot under her chin "up into the cranium," the complaint says.
"Smith described it as 'a good clean finishing shot,'" according to the complaint.
The next day he asked a neighbor to recommend a good lawyer, according to the complaint. He later asked his neighbor to call the police.
This! This is why he will be charged and is likely to be convicted. I am sorry you shoot to stop the threat. If what is reported is true (and I have no confidence whatsoever in the press) then once the people were down he had no right to take any further action. Now if they were still able to move and were drawing a weapon I could understand further shots, but so far that is not what has been reported.SpanishInquisition wrote:Perhaps, but if grandpa drug the second intruder around a bit and then was able to put the gun under her chin and fire a brain pan shot, she was obviously not a threat to his well being before the trigger was pulled or when he commenced dragging.
I'm not a lawyer of course but I would think you're not required to give aid to an intruder. I do think if you shoot someone then go back upstairs to have a beer and finish the second half of the game before you call the police while the perp is bleeding out could probably get you in trouble. I want to be on the phone immediately not only to help reinforce that I'm the good guy, but to get this whole situation over as soon as possible. The sooner they cart them out of my house the sooner I can clean up and move on with my life.RWBlue01 wrote:I do have one legal question. If he had shot them and they were down. And he didn't call anyone for a while, would he have legal issues? Or to put it s different way, is he required to give aid to the enemy?
If I am forced to shoot someone I don't think my life will be normal for some time.ShotgunBlast wrote:I'm not a lawyer of course but I would think you're not required to give aid to an intruder. I do think if you shoot someone then go back upstairs to have a beer and finish the second half of the game before you call the police while the perp is bleeding out could probably get you in trouble. I want to be on the phone immediately not only to help reinforce that I'm the good guy, but to get this whole situation over as soon as possible. The sooner they cart them out of my house the sooner I can clean up and move on with my life.RWBlue01 wrote:I do have one legal question. If he had shot them and they were down. And he didn't call anyone for a while, would he have legal issues? Or to put it s different way, is he required to give aid to the enemy?
This is why I'm saying that we can't judge this guy's actions. He will probably go down for murder, right or wrong. The problem is that the worst evidence against him are his own words, and he may have been delusional when he spoke them. We don't know that the account we read is even remotely akin to reality! When you're under threat of death your mind does wierd stuff. I've personally seen people drop the magazine out of their M-16, put another in and do the same thing over and over until they were out of magazines, AND NEVER FIRE A ROUND! Ask them about it and they swear that they fired up all their ammo. This guy may not even know what really happened. Point being, the evidence is there, and we don't have it. Let's withhold conviction until the trial!!!!Tweaker wrote:What a total debacle! Irrespective of any missing or misstated facts, his statements alone are completely ridiculous and are likely to mean he is convicted. I don't see how this is murder, but is at least manslaughter.
