Excessive Force? This guy needs a lawyer

[TopDog]

OK if everything transpired as reported the guy obviously is going to jail for murder.

Seems a lot does not add up, both kids must have been hoped up on drugs or complete morons?

"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 this statement is true I wonder if the kid was laughing because she was thinking along the lines of... I got you now you stupid old man, you shot me and I am going to sue you for everything you have.

I love the way the media plays it, posting pictures of the innocent looking, sweet little girl. Don't get me wrong, the shooter went way too far if the report is true. But the media has to play their slanted part to the end.

 

[stephen87]

They were committing a felony. Who knows this guy might have saved someones life down the road.

It does look like he executed the girl though. This guy sounds like he is a little.... cant put my finger on it. All the more reason not to break in his house....

Nope, he executed BOTH.

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 Brady 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.

He shot them both after they were incapacitated. He's going away for a VERY VERY long time.

 

[thumperdogg]

Execution is wrong, once the threat has been eliminated, call the police! This guy is twisted!

I believe in the right to protect your home and family, but this guy obviously got off by killing them. I don't ever WANT to use my gun in self defense, seems like this guy was itching for something to happen. What a sicko!!

 

[Darral27]

Sounds like the shooter is definately crazy. I have to wonder how this is going to play out. If the two had not broken into his home they would never have gotten shot to begin with. Obviously the "finishing" shot was overkill but does that change that it was a justified shooting to begin with? Who is to say whether the female would have lived through the initial shot. Sounds like a good case for manslaughter, I don't know about 2nd degree murder.

 

[griffin]

He's going away for a VERY VERY long time.

You're assuming a jury will convict him. He might get a sympathetic jury, or at least some people who will refuse to convict. Have you read the comments? 99% are for the guy.

 

[stephen87]

You're assuming a jury will convict him. He might get a sympathetic jury, or at least some people who will refuse to convict. Have you read the comments? 99% are for the guy.

And that's very unfortunate. We don't nee a guy like this as a representative for gun owners. He's plain nuts.

 

[remauto1187]

You're assuming a jury will convict him. He might get a sympathetic jury, or at least some people who will refuse to convict. Have you read the comments? 99% are for the guy.

Not me. The guy is a murderer. Plain and simple. Then to do a "finish off shot" AND let the bodies lay for over 24hrs...thats a great recipe for that twisted F'R to spend whats left of his life behind bars.

I WOULD CONVICT HIM IF EVERYTHING IN THE STORY IS ACCURATE AND I WERE ON THE JURY.

 

[shortyforty]

Ok let me play devils advocate for a minute , let's throw out his statements ( that are probably out of context anyway) and lets look at known facts , his house was burglarized about a month ago of several items including firearms. Now he is home alone in his basement on a holiday and he hears someone break into his home , he is in fear for his life so he fires his Rifle to protect himself , as the suspect lays on the ground he hears another suspect comeing down the stairs who after being shot laughs ( maybe because she knows there are more people comeing behind her) so if he doesn't wait a day to call and shuts his mouth I could see it as a clean shoot. ( be honest with yourself if you had shot a home invader and a second one came towards the sound of the gunfire , you too would want to be damn sure the first suspect was down as well as the second )

 

[stephen87]

Ok let me play devils advocate for a minute , let's throw out his statements ( that are probably out of context anyway) and lets look at known facts , his house was burglarized about a month ago of several items including firearms. Now he is home alone in his basement on a holiday and he hears someone break into his home , he is in fear for his life so he fires his Rifle to protect himself , as the suspect lays on the ground he hears another suspect comeing down the stairs who after being shot laughs ( maybe because she knows there are more people comeing behind her) so if he doesn't wait a day to call and shuts his mouth I could see it as a clean shoot. ( be honest with yourself if you had shot a home invader and a second one came towards the sound of the gunfire , you too would want to be damn sure the first suspect was down as well as the second )

Now, if what the story says is true, which is probably partially the case, let's look at it again.

A guy is in his basement. He hears a window break upstairs. He grabs a rifle and someone walks down the stairs. He shoots the first person and the perp falls down the stairs. He then shoots the perp in the head to make sure he's dead. Another perp comes down the stairs and he shoots her. She falls down the stairs and starts laughing. He puts the gun to her head and shoots her. He then waits a day before calling 911. Still a clean shoot?

 

[Fletch]

 

[griffin]

He then waits a day before calling 911. Still a clean shoot?

Is there a law stating you have to call 911 within a specific period of time?

 

[HoughMade]

IF it all happened as reported, statements and all, the guy is a double murderer, plain and simple.

I could probably defend the first shot(s) on each perp (and that is not a slam dunk), but any shots after that- no.

I would feel better if he had even had the possibility of seeing a weapon, even if mistaken, but he shot before he even saw their whole body, let alone weapons. Even given that, it appears they were committing a felony in his "abode", so that probably fits self-defense under Minnesota law.

Any shots when they are down- that comes close to a full-blown premeditated first-degree murder. "Premeditation" can take place in an instant. As to the second one, I'd say the premeditation is clear, but a "sudden heat of passion" my downgrade it (as, apparently they thought here).

I think a lot of people are making way too much out of the "laugh" as if it means she's "still" a threat....in retrospect, it appears that she was not really that much of a threat. He said she laughed, so he shot her.....still never saw a weapon or even claims he may have.

I know our knee-jerk is to defend the gun-owning homeowner, but remember, there is no morality test for gun ownership. Bad people worthy of great punishment can own guns too. Bad people can own houses. Just being a gun-owning homeowner means you own a gun and a house. It doesn't mean you are right or good.

 

[griffin]

Just being a gun-owning homeowner means you own a gun and a house. It doesn't mean you are right or good.

No, but breaking into someone else's home, especially while they are there, will often get you killed. Hopefully these two people remember that.

 

[HoughMade]

No, but breaking into someone else's home, especially while they are there, will often get you killed. Hopefully these two people remember that.

....remember that? They're dead.

 

[mrjarrell]

How Not To Shoot Criminals

This is a case where the shooter did absolutely everything wrong. As a result, this guy's probably going to spend the rest of his life in prison. Deservedly so, too. The little darlings were to blame for what they got themselves into, but this guy was way out of line.

Family's outrage after star students were found murdered in man's basement after he claims they robbed his home on Thanksgiving | Mail Online

 

[IndyDave1776]

Plenty of stupid to go around apparently. I do find it interesting that the popular reaction is to circle the wagons around two people who did much to manufacture their own fate by breaking into someone else's home. No, filling them with enough lead to kill a platoon was not necessary by any stretch of the imagination, but from the sound of it most whose comments have reached public attention do not differentiate between this and randomly gunning them down on the street.

 

[Indy60]

That guy deserves to have the book thrown at him. Shooting the 2 kids is one thing but he went well beyond neutralizing the threat.

 

[indykid]

Edited due to the merging of the threads. My thanks to the mods for prompt action!

As for the homeowner, yes he went a bit too far and will pay for it.

Wondering if a good lawyer could get him off as being insane?

 

[Classic]

This is a dupe post. However, star students? Perhaps they were tele-ported into his basement.

Not to justify what the guy did in any way but the star students did break and enter the house after all.

 

[printcraft]

They were probably looking for candy for their little brother or something.......