Byron David Smith was convicted of first-degree murder for shooting two burglars

[squealpiggy]

No one here is claiming it was self defense, are they?

Obviously there was an intent to kill.

Actually he claimed it. His defense was that he feared they might have weapons.

It's a question of whether it was first-degree murder, second-degree murder, or manslaughter. I doubt he "lured them in" even though the prosecution tried to prove that. He was prepared, no doubt. But how much did his anger over the previous break-ins motivate him?

The prosecution proved that the murders were premeditated and malicious hence they secured a conviction for first degree murder. Initially he was arrested and charged with second degree murder based on the fact that he had fired again to "finish off" the burglars after they had ceased to be a threat. It was the other evidence that led to prosecutors upgrading the charges to first degree murder and that is what he was convicted of.

Was it an act of anger, which he regretted and knew was wrong afterwards, and so didn't even report it until the next day?

If it was first-degree murder, why did he report it, why didn't he try to conceal the crime and perhaps dispose of the bodies?

I think it was second-degree murder, not first-degree.

His motive was anger at criminals whom he described as "vermin". He set up a station where he could sit and wait for somebody to shoot and he took steps to make it look like the house was empty. He took a number of steps that showed he expected to kill somebody if they broke into his house.

The prosecution argued that the entire situation was set up and that he, with malice aforethought, sought to kill a human being. The jury agreed.

[Tay Roc]

Appeal to come?

Defense attorney Steve Meshbesher said Smith would appeal the case. One focus of that appeal will be how much the jury didn't get to hear about Kifer and Brady, he said. Meshbesher had tried to present evidence to the jury about their involvement in other crimes, and photos of Brady on his Facebook page holding firearms.

But Judge Douglas Anderson ruled before the trial that such evidence was not admissible, a decision with which Meshbesher clearly disagreed.

"To disregard that is wrong," Meshbesher said, "and I think it's an error and the jury needs to see that."

Defendants are afforded an appeal as a matter of right.

[SBleeder]

Sounded more like a planned execution than a justified shooting.

Then again, death is a possible consequence of breaking into someone's home. Hard to feel too much sympathy for the burglars.

[titanium]

If they had a gun or a knife it would have been a threat and he could defend himself, but to execute someone for coming in your window, especially premeditated is murder in the first.

[squealpiggy]

Appeal to come?

Defense attorney Steve Meshbesher said Smith would appeal the case. One focus of that appeal will be how much the jury didn't get to hear about Kifer and Brady, he said. Meshbesher had tried to present evidence to the jury about their involvement in other crimes, and photos of Brady on his Facebook page holding firearms.

But Judge Douglas Anderson ruled before the trial that such evidence was not admissible, a decision with which Meshbesher clearly disagreed.

"To disregard that is wrong," Meshbesher said, "and I think it's an error and the jury needs to see that."

I don't see how that is admissible given that the prosecution had established that he had prepared to shoot a burglar and would have no way of knowing what reputation these two could have had. I just don't think that it has any bearing on his actions or his motivations.

[RlCKY]

Wow no wonder why they only took 3 hours to decide. All of the preparation before hand. And continuing to shoot them?

He had every intention to murder those 2.

[RajahBell]

It seems the two ADULT burglars were targeting Mr. Smith's house for some reason. I wonder if there is more to this story then a bunch of burglars robbing a house multiple times?

Without the reason above and the execution after incapacitation, I think he could have gotten 2nd degree, since preparing to defend your castle from a POTENTIAL burglary that MAY NOT happen isn't premeditated in my view. The ADULT burglars DID NOT have to 1) stake out his home and 2)break-in to his home.

[Gods We Faked]

I would think the language protecting police from entrapment laws would also prevent counting him appearing to be away as premeditation. I was unable to find Minnesotas actual law, but most entrapment laws state something similar to

One pleading entrapment has the burden of showing that he was induced, tricked or incited to commit a crime, which he would not otherwise have committed

[squealpiggy]

It seems the two ADULT burglars were targeting Mr. Smith's house for some reason. I wonder if there is more to this story then a bunch of burglars robbing a house multiple times?

Without the reason above and the execution after incapacitation, I think he could have gotten 2nd degree, since preparing to defend your castle from a POTENTIAL burglary that MAY NOT happen isn't premeditated in my view. The ADULT burglars DID NOT have to 1) stake out his home and 2)break-in to his home.

Why is the word "adult" in capital letters? One of them was 17 years old, the other was 18. The 18 year old is legally an adult in the US (though the US legal system puts 18 year olds in a curious no-mans land between childhood and adulthood) but the 17 year old was a minor. He was the first one to be murdered. Oh and this line:

"preparing to defend your castle from a POTENTIAL burglary that MAY NOT happen isn't premeditated in my view"

Your view isn't important. The view of the Prosecution is what counts, and the jury agreed with it.

[Croyd]

The man shouldn't have been tried nevermind convicted.
It was his house and he protected it, end of story.

That they say it was premeditated, does this mean that anyone with a gun in their house will now be accused of premeditated murder for shooting a burglar?

As far as luring goes, just by parking your car away from your house is not factual evidence for luring.

I hope this man wins his appeal and is free to go about his life.