LITTLE FALLS, Minn. (AP) — A Minnesota homeowner who shot two teens who broke into his home had hatched a plan to lure them to his house on Thanksgiving Day 2012 and waited for them as if he was a hunter in a deer stand, a prosecutor said Tuesday.
But Byron Smith’s defense attorney said his client is the victim, and if the teens hadn’t broken into his house, they’d still be alive today.
“He didn’t ask them to come over to his house,” defense attorney Steve Meshbesher said, later adding: “He just hid, frozen, in the basement. The state wants you to believe this is some sinister thing. … He was confronted with a situation and he had to do something, in his own home, which he has a right to do.”
Jurors began deliberations Tuesday. Smith, 65, is charged with first-degree premeditated murder in the deaths of Nick Brady, 17, and Haile Kifer, 18. He also faces second-degree murder charges, which do not require the element of premeditation.
Prosecutor Pete Orput said Smith methodically laid the groundwork to kill the teens. He reminded jurors of testimony that showed the retired security engineer’s preparations in his basement the day of the killings, bringing with him a bottle of water, snack bars, a novel, extra ammunition and a tarp. He also had moved his truck away from his home.
“Some of you hunters will think this sounds like deer hunting,” Orput said. Later, showing jurors a picture of the chair between two bookcases where Smith waited, Orput said: “That’s the deer stand, right there.”
The defense has maintained that Smith, who did not testify during the trial, was scared and was defending his home after earlier break-ins that included the theft of some guns.
The killings stirred debate statewide and in Little Falls — a town of 8,000 about 100 miles northwest of Minneapolis — over how far a homeowner may go in using deadly force. Minnesota law allows lethal force to prevent a felony from taking place in one’s home or dwelling, but authorities have said Smith crossed a line when he continued to shoot the teens after they were no longer a threat — firing a total of nine times in all.
Judge Douglas Anderson instructed jurors Monday to decide whether Smith’s actions were reasonable given the situation. They have the option of convicting on lesser charges of second-degree, unpremeditated murder.
Orput focused most of his argument Tuesday on the question of premeditation. He replayed a recording Smith had set up on bookshelves in the basement, which was key evidence for prosecutors along with Smith’s statements to investigators. The tape captures the sound of glass breaking as the teens enter the home, then the sounds of Brady walking downstairs to gunshots, followed by Kifer about 10 minutes later and more shots.
Smith is heard on the tape saying “Sorry about that,” and “You’re dying” to Kifer, and calling her a name.
“Every time the defendant pulled that trigger, he considered,” Orput said. “He made a choice. He considered his options.”
During testimony, Meshbesher tried to raise doubts about whether Smith could have known the teens were unarmed, with testimony from a private detective who said it was impossible to tell as they walked down the stairs.
Meshbesher’s case also included testimony from character witnesses for Smith, who before retiring had handled technical security issues for American embassies, such as building layouts and alarms, for the U.S. State Department.
The jury will be sequestered during deliberations, and a unanimous verdict is required.
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