when self defense/home invasion turns into 1st degree murder

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http://www.nydailynews.com/news/cri...lly-shooting-teen-intruders-article-1.1765846

granted, this reporting seems pretty one-sided against the defendant but if it's even close to accurate, he's in pretty deep doo doo

his security system provided a lengthy audio of him shooting two unarmed teens that broke into his house, complete with idiotic one-liners, and sounds of him wrapping them in tarps to drag to his basement so they wouldn't bleed on his carpet.

troopers claim he parked his car 3 doors down to make it look like no one was home, so they are claiming he was ambushing them, because of previous breakin.

he's using the 'i was in fear for my life' line. think a jury will buy it? i'm guessing no.

he waited apparently more than a day before telling anyone too.

he's made so many bad-TV mistakes here, insanity is probably his best defense

wow.
 
A very interesting read. The man had a previous break in and thus was scared of the possibility of it happening again. He heard the glass break and shot because he was scared for his life. So self defense sounds justified to this point.
Now it seems be realized the girl was unarmed and shot her any way. Then the extra shots fired into the victims were unnecessary.
Dragging the bodies to the basement, would imply to me he was trying to by time to figure out what to do with them. Not calling the police immediately after the shooting, was a big no no.
It doesn't look good for this guy at all. It sounds like a murder and an incomplete plan to cover them up.
Insanity seems to be the most obvious defense.
 
You shoot to stop the threat. Putting a gun to the head of a down and injured burglar doesn't fit into that description IMO. I think he's in very deep doo-doo.
 
Been following this one, all the following comments are IMHO:

1. The kill shots are a bit much, but the two burglars repeatedly put themselves in this situation...how do you resolve that in a split second situation?

2. Dragging bodies, et al were NOT good ideas. Don't care how justified it is, messing with a crime scene looks like (and is) a bad idea.

3. Tragic deaths yes, but if I'm on the jury the old man walks...with a suggestion that he replace his .22 and Mini with a 12-gauge or .45 (OK, not in the jury record but I'd be thinking that).

4. The dead teens being well known in the community and playing sports have nothing to do with the fact that they were habitual offenders (that came from another news account).

5. Don't EVER speak to police, prosecutors, etc. without your lawyer present (dude's loose lips are hurting him BIG time, nice suit but someone needs to remind him of the top button).

6. Old man simply got the steps WRONG (when calling 911, etc.)

CLEARLY these are cold, separated and unfeeling opinions. If they were my kids I'd like the chance to reform them. Having written that, not sure I'd set up the ambush in the same fashion, but being ready is half (or more) the battle. My family has a break-in plan, and it does NOT favor the perp. If he'd warned them, would they have backed off? Are you willing to take that chance? AND..."unarmed" does NOT equate to "pose no threat."
 
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It's a mess for many reasons.

I don't like the concept of pre mediated murder though. That should not be a charge if you're in you own home and the "victims" are strangers. They did not have to break into your home and you didn't know they were coming.

He does seem to be off balance if 1/2 of the news is right.
 
I don't think this guy is a 100% in the right, but I don't like the fact that they are claiming he was planning an ambush. Like the kids had a reasonable expectation of safety while breaking into a house. Had they not broke into the guy's house, they would still be alive and capable of mooching off society.
 
Neck-deep in stinky brown sauce, he is. Deservedly so, I might add. Crossed many uncrossable lines.
 
It is in the news here a lot. They and or others had broken into his house 11 times, the kids had a long criminal and drug history. Both facts not admissible. The Judge like other Judges around here like to stack the deck. He was afraid that if he did not kill them they would return even I after jail time and kill him. Plenty of nuts to go around. You could not make this up. He should not have gone so far, but I don't think it is ambush to prepare for a home invasion that you know will happen. I also think that if you break into houses it is an expected hazard that you could get shot.
I do agree with the comment he crossed way to many lines and the paranoia he clearly had drove him way too far. But first degree murder for invaders that kept coming, no.
 
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Murder is the unlawful killing of another human being by a human being with malice aforethought. For 1st degree there must be premeditation and deliberation or it could be charged if a killing was committed in the process of a dangerous felony. 2nd degree murder is all other. It will come down to whether the Prosecution can prove the mens rea, his state of mind at the time and the burden is on the State to prove that beyond a reasonable doubt.
 
GBExpat - someone coming through the door with a stairway in front of you with you at the bottom in a basement. Are you holding a Q&A at that point?
 
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HOWARD J said:
If someone breaks into my home----I am not going to sit down with them for a how do you do----THEY WILL BE SHOT
Click to expand...
You should make sure to post that on the internet so there is no question about your actions in the event that happens.
 
d2wing - agreed. All Monday morning QB at this point, me included. Opinions are like the source of bovine fecal matter, no doubt.
 
This was beat to death back in December 2012.
Byron David Smith.

Lying in wait to ambush expected intruders does not mesh with most self defense instructions given to jurors.

I still have the PDF of the criminal complaint sworn 26 Nov 2012 on my computer. There was a lot of talk about this. There is a Wikipedia article
http://en.wikipedia.org/wiki/Byron_David_Smith_killings
with a link to the complaint http://stmedia.startribune.com/documents/Criminal+Complaint+-+BYRON+SMITH.pdf

Previous HighRoad thread is here: http://www.thehighroad.org/showthread.php?t=686905

(Added: I believe the previous thread was closed til further developments; the trial is a further development.)
 
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After reading the criminal complaint I think he's SOL. The defendant's own statements are pretty damning. His description of how he went to the female burglar, who by his description had suffered multiple gunshot wounds to the chest and was barely breathing, and gave her a "good clean finishing shot" up under the chin into the cranium is just chilling. If what he says is true this isn't self defense, it's an execution plain and simple.

Now obviously I wasn't there, I didn't see what happened, and he could have been insane when he made his statements to the police. But if what's written in the criminal complaint is true...then he committed at least one murder in my book.
 
What he did sounds a lot like a speed trap. While unethical, they are still legal. They guy is clearly bonkers though you could call what he did tax payers relief shots.
Maybe by martyring his own freedom into the justice system and taking out the criminals right then and there, he will have saved other innocents from the criminals actions?
 
First time I read about it was yesterday. If the medias slant is correct. this guy did cross the line from a SD/Burglary shooting into the realm of manslaughter and or murder.

The audio reported is pretty damning along with his "putting her out of her misery like a deer". comments. (paraphrased)
 
He said he gave her “a good, clean finishing shot. ... She gave out the death twitch.”

If that's really what he said and meant it the guy should burn for murder. Self defense is one thing; you can't deliver a coup de grace to the brain pan to a wounded home invader as though they're coons you trapped. Acknowledging that the article is just a brief one, if it's an accurate portrayal of the events then Smith probably deserves a good clean killing shot to his skull, too. Save the taxpayers some money.
 
He certainly didn't do himself any favors, but I can't imagine what my mental state would be having my home broken into once much less eleven times.
 
This stopped being a self defense or home defense case and became a murder case the moment the shots to finish the intruders off were fired.

At his age he may not care, but to our community these actions do us all harm.
 
Akita1 said:
GBExpat - someone coming through the door with a stairway in front of you with you at the bottom in a basement. Are you holding a Q&A at that point?
Click to expand...
Actually, if I knew the crook was coming, I almost certainly would have gone the Q&A route rather than just kill the guy. Ending a person's LIFE should be a last, desperate solution.

Sounds like you are suggesting that the homeowner was suddenly startled by the unexpected appearance of an intruder ... in which case, I think, most of us may have gone defensive and squeezed off a round or two.

This fellow was "lying in wait" and, therefore, there was, apparently, nothing "split second" about the fatal encounters.
 
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