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Man kills two burglars in his own home-is charged with murder.


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2014 Apr 23, 10:02pm   16,997 views  75 comments

by lostand confused   ➕follow (3)   💰tip   ignore  

http://www.cbsnews.com/news/prosecutor-minn-homeowner-lay-in-wait-for-teen-burglars/#postComments

Thanksgiving Day in 2012. The killings rocked the small central Minnesota city of about 8,000 and stirred debate about how far a person can go in defending their home. Smith has claimed self-defense, saying he feared the teens were armed and that he was on edge after earlier repeated break-ins at his home.

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18   JH   2014 Apr 24, 12:34pm  

bgamall4 says

CaptainShuddup says

You should be able to keep them in the cellar chained to the wall, and make them make you glass bead necklaces to sell on Ebay.


I mean in between daily beatings of course!


Fuck them!

You need a better neighborhood Captain. You definitely have a lot of rage.

Cap'n, you live in Florida, right? If so, that is pretty much par for the course. If I still lived there I would probably 1) agree and do the same and 2) NEVER, EVER walk into somebody's house uninvited.

19   MattBayArea   2014 Apr 24, 12:54pm  

Assuming the facts in the article are correct ... (which is why there must be a trial) ...
It's pretty hard to feel sympathy for the 'victims' here. It's easy (and correct, I imagine) to say that the *right* thing for him to do was to shoot them only enough to ensure they were no longer a possible threat. In his shoes, though, I can understand wanting to finish the job. If he doesn't kill the people who've repeatedly broken into his house, he has to fear that they'll be back - maybe in 10 years after some jail time has hardened them up and he's that much older and weaker.

He *deserves* a feeling of peace and security in his home - everyone does. I would not say that someone who is breaking into another person's house to steal *deserves* the benefit of the doubt - though I hope that I will be more merciful if I am ever in such a situation.

Ultimately, they took a gamble with their lives and lost. No sympathy from me.

Oh wait, I'm a librul, according to the idiots on this forum who bandy around terms they don't even understand. I've changed my mind. This guy should go to jail for simply owning a gun! ( no death sentence, of course - there's way too much tax money that needs to be wasted for us to cut any corners like that )

20   Tenpoundbass   2014 Apr 25, 1:26am  

bgamall4 says

You need a better neighborhood Captain. You definitely have a lot of rage.

Oh like scumbags are running around looting and breaking into the bad neighborhoods where the sorry fucks don't have a pot to piss in.

Man they'll meet at your house, in your front yard on Christmas eve, as you pull into your driveway, while your family looks on out the window. As some punk puts a bullet in your gut for your iPhone, and packages in your car. The news never stops with these stories.

Especially in the good neighborhoods. The bad neighborhoods, they'll jack you in front of the Sop-N-Go.

The Liberal left has coddled these creeps for too fucking long. They don't know no boundaries are you Insane? Or are you just living in Starbucks snow globe and a fantasy world, where Netflix has blockbuster movies in frequent rotation, and Obama Changed the World for a better place. What fantasy world do YOU Live in? HUH?

21   Vicente   2014 Apr 25, 2:09am  

MattBayArea says

It's pretty hard to feel sympathy for the 'victims' here.

I disagree.

They were pill-stealers, and burglars.

Contrary to fantasy, some kids get into pills, but DO manage to clean up their lives. These ones never got that chance.

Did this guy call 911 when he heard glass breaking? Nope.

Nothing in this story indicates they were home invaders out looking to kill this guy. He parked his truck blocks away, making the house look unoccupied. The old man sitting in his basement shot the first one when only his legs were visible at the top of the stairs. When he fell down the stairs he shot him in the head, then dragged his body out of sight.

Then he returned to sit down and quietly wait for the other one. Hunter waiting for his prey. When the girl came to the basement stairs and only her legs were visible she said "Nick?" he shot her and she fell down the stairs too. His gun jammed, and she laughed briefly though wounded because you know, nervous laugh about escaping death maybe? This pissed him off so he pulled a pistol and shot her in the chest repeatedly.

Dragged her to the office, but she still wasn't dead, so he put the pistol under her chin and "finished her". Oh yeah he uttered a few pithy lines. Did he return to his chair and see if he could bag a few more? Call 911?

There are no good guys here. Defense doctrine is you stop when they are clearly incapacitated. After shooting the girl but before "finishing her" if he had walked out of the house, gotten his truck and called 911 he might have gotten away with it. Maybe.

Nope, he left their bodies there and called nobody until the next day.

If he had put a mine under his porch and killed these 2 kids or a newspaperboy, he'd be up on murder charges either way.

22   Shaman   2014 Apr 25, 2:19am  

I agree that there are no good guys here.
Bad move tho, by the prosecuting attorney. Murder one won't fly. I'd go manslaughter one, and that would be an easy slam dunk. What's the difference anyway? He'd spend the rest of his life in prison.

23   corntrollio   2014 Apr 25, 5:02am  

CaptainShuddup says

then we get midevil on your ass

midevil? What does that involve? Only one calorie, not enough evil?

24   HydroCabron   2014 Apr 25, 5:47am  

Why not rape and torture them for years until they mutilate themselves out of desperation, then off them?

Once they entered his house they became his property.

I'm surprised there has been no discussion of this from the property-rights perspective.

25   Dan8267   2014 Apr 25, 6:14am  

APOCALYPSEFUCKisShostikovitch says

Shoot the second and make her eat the first at gun point while shrieking damnations at her and commending her to satan as his bride.

My concern is that the guy in this article might someday shoot Rob Ford during one of Ford's drunken crack binges, and that would be a great shame.

26   Vicente   2014 Apr 25, 6:29am  

APOCALYPSEFUCKisShostikovitch says

The guy brought water but forgot the goddamn video camera.

Well evidently his home security recorded video and audio. The audio was played in court, along with some of the video I seem to recall reading. Perhaps he should have livestreamed it?

It's all quite baffling from a "security contractor". You'd think he could have reviewed the recordings overnight and said "naaah, better wipe that, won't look good in court".

NOOOOPE!

27   Vicente   2014 Apr 25, 7:45am  

Iosef V HydroCabron says

Once they entered his house they became his property.

http://youtu.be/WCSZfmbFJyQ

That what you're going for?

28   HydroCabron   2014 Apr 26, 6:17am  

APOCALYPSEFUCKisShostikovitch says

Iosef V HydroCabron says

Once they entered his house they became his property.

That is the only reasonable interpretation of this case I've read yet.

Come to think of it, the IRS should give him a hell of a depreciation/loss write-off on this. Dead sex slaves aren't worth much compared to live ones. Figure $175000 for the pair, and this guy's got a hell of a strong case on Schedule A.

29   lostand confused   2014 Apr 26, 11:18pm  

Defense in your own home from burglars is not a crime. maybe he went overboard, but how is he supposed to know the burglars are not psycho killers. If anyone of you have small kids, are you going to support the burglars rights to burglarize without any risk of being shot at?

30   Y   2014 Apr 27, 1:30am  

On the surface, the initial shots for each perp seem justified.
The excessive head shots seem criminal.
However, what also has to be accounted for are:
1- The state of mind of the shooter. His house is in the process of being intruded upon by multiple perps. After shooting one of them, he is in a mental state unknown to himself, rage coupled with fear, all brought on by intruding perps
2- Not knowing if more perps are upstairs, and fearing the ones he shot will recover, get up and do him harm, in a frenzied state of mind brought on by the intrusion he finishes them off.

Initial shot for each perp: Not Guilty
Finishing shots for each perp: ????
lostand confused says

Defense in your own home from burglars is not a crime. maybe he went overboard, but how is he supposed to know the burglars are not psycho killers. If anyone of you have small kids, are you going to support the burglars rights to burglarize without any risk of being shot at?

31   Vicente   2014 Apr 27, 2:10am  

SoftShell says

If anyone of you have small kids

This particular homeowner had no family to protect. Did his recordings evidence any fear? You'd think so, but nope. Sad lonely basement dweller got to deliver some pithy lines though like "you're dying.... bitch!"

You'd think a security contractor could manage to video intruders, call police, hold them, and send them to jail. That wasn't his goal, it was nice clean "finishing shots" all along. Maybe he didn't get to deliver enough of those since he retired from overseas work, and missed it.

Protecting pills doesn't seem important to me. AF may disagree.

32   HydroCabron   2014 Apr 27, 3:35am  

lostand confused says

If anyone of you have small kids, are you going to support the burglars rights to burglarize without any risk of being shot at?

This is dangerous thinking, because it can lead to the rights assigned based on category of citizen - you know, the government picking winners and losers. Why should I have to have kids just to apply a Colt Python to a dirtbag's chin and light her up? Once you go down that road, you're letting the lawyers into the henhouse, with all their subparagraphs amd heretofores.

"Think of the children" is a phrase that draws liberals to your rights like coyotes to a wounded squirrel.

The Constitution does not explicitly enumerate any government power to restrict the disposition of one's personal property in one's domicile. What he does in his basement is no different than shooting up an old washing machine on the back 40.

He privatized capital punishment through the Ownership Society, saving the taxpayers millions.

33   lostand confused   2014 Apr 27, 4:35am  

my point is if you are living in your home, alone or with family and have burglars break in-how on earth are supposed to know who they are, how many there are. Maybe he went overboard, but he shot one, then the other comes walking down the basement-for all he knows they could have a loaded semi-automatic. How do you know if one that fell, might not have concealed, get up and come after you while another new burglar is coming from the front??

34   zzyzzx   2014 Apr 27, 11:50pm  

bgamall4 says

He executed them and went beyond the law. Don't know how that applies to every state but he was evil, and his comments were hateful, not even normal.

He saved the taxpayers a bunch of money by executing them, and also saved many potential future victims. That and making sure that they are dead often prevents civil lawsuits.

35   lakermania   2014 Apr 28, 1:07am  

Vicente says

Protecting pills doesn't seem important to me. AF may disagree.

First of all these weren't just foolhardy burglars looking for pills. They stole a shotgun from the homeowner which was recovered 7 days after the shooting by the sheriff. So the homeowner had every reason to believe they might be armed. And it doesn't really matter what they were at someone's house to steal, the fact that they are in your house is clear and present danger to you, and it should be legal to shoot any intruder until they are incapacitated.

Like I said in a previous post, this guy should serve jail time because he executed the teens after they were incapacitated and recorded it, moved their bodies around and waited a day to call the cops.

36   Dan8267   2014 Apr 28, 1:14am  

zzyzzx says

He saved the taxpayers a bunch of money by executing them

You can save the taxpayers a bunch of money by killing newborns before they rake up public education dollars. This does not justify doing so.

37   lakermania   2014 Apr 28, 1:35am  

Dan8267 says

zzyzzx says

He saved the taxpayers a bunch of money by executing them

You can save the taxpayers a bunch of money by killing newborns before they rake up public education dollars. This does not justify doing so.

This is probably straying a little bit but I have always wondered why conservatives are so against abortion and liberals are so for it. Sure there is the freedom versus morality issue, but abortion favors conservatives and hurts liberals as it eliminates millions of mostly future poor people who would in all likelihood, suck up entitlements and be inclined to vote Democrat, because minorities and inner city white women are much more likely to have an abortion than rural and suburban white women. I mean isn't that why Margaret Sanger started Planned Parenthood? To control the negro population and those that could possibly be a burden to society.

38   Vicente   2014 Apr 28, 4:33am  

lakermania says

This is probably straying a little bit but I have always wondered why conservatives are so against abortion and liberals are so for it. Sure there is the freedom versus morality issue, but abortion favors conservatives and hurts liberals as it eliminates millions of mostly future poor people who would in all likelihood, suck up entitlements and be inclined to vote Democrat, because minorities and inner city white women are much more likely to have an abortion than rural and suburban white women. I mean isn't that why Margaret Sanger started Planned Parenthood? To control the negro population and those that could possibly be a burden to society.

Your rant is full of assumptions with little backing. How do you know what party potential aborted kids might have voted for in future? My head hurts from the Fox News relatives I have, who think BOTH that "those people" are having too many kids due to all the welfare they are living high on, and that they are having abortions right and left. The incongruity of these 2 simultaneous projections doesn't bother them. "We the people" of course never drive our daughters to another city to get one of those, nosiree, well nobody saw us anyhow.

39   Dan8267   2014 Apr 28, 4:34am  

lakermania says

liberals as it eliminates millions of mostly future poor

I'm a liberal and I'd be damn glad if we eliminated poverty once and for all. By the way, liberalism and socialism are two unrelated philosophies. Liberalism is a social philosophy, not an economic one. I, and the vast majority of liberals I know, are fiscally conservative. We spend damn little and invest a lot.

Socialism, despite it's name, is an economic philosophy, not a social one. More accurately, in my opinion, socialism is more of an economic tactic than a philosophy.

Don't let our stupid media fool you into thinking that liberals are on the left. We're orthogonal to the stupid left-right line. And we're farther from either the left or the right than they are from each other.

A leftist will ban hate speech on college campus. A liberal will fight for the rights of all including the KKK to hold a march on campus. And then that same liberal will hold a counter-demonstration holding up large photos of the KKK lynching people.

The leftist tries to silence hateful speech. The liberal counters hateful speech with the truth. These are two diametrically opposing worldviews.

The left and the right in America are arbitrary sets of political beliefs lumped together. What constitutes left and right in the U.S. isn't what constitutes them in other countries. In contrast, the definition for liberalism is universal. We liberals believe

1. All persons have the same rights. No one has privileges.
2. Rights, by definition, cannot be taken away. A freedom that can be taken away is, by definition, a privilege.
3. All persons are equal under law.
4. The only laws that should exist are those protecting rights. Note that this includes public property rights, which is why pollution should be illegal. The environment is public property.
5. People should be allowed to do whatever they want as long as they aren't violating the rights of others. However, polluting, fraud, the open system of bribery we call lobbying, and systematically rigging the system to keep people impoverish is a violation of basic human and civil rights. In contrast, smoking weed and running around nude in public is not.

Liberal does NOT mean

1. Pro-choice.
The question of when an offspring becomes a person and is entitled to rights is outside the scope of liberalism. Liberals may be anywhere in the spectrum of pro-life to pro-choice.

2. Socialistic or Communistic
These are economic issues and as liberalism is a social philosophy, liberals can and do subscribe to many, many different economic philosophies.

3. Left or democrats
Although social conservatism has become code for bigotry and is therefore incompatible with liberalism, that does not mean the left or democrats are liberals or that liberals are democrats. I view the Democratic Party as simply being the far less evil of the two parties, but that doesn't mean I don't think their evil. They are just a minor evil compared to the Republicans.

Although you might make a case that the left wants multitudes of poor, I doubt that is true. It seems to me that the rich, who vote almost entirely Republican, want a multitude of poor because their opulent lifestyles can only exist if there are multitudes of poor doing shitty jobs for low pay. If all the poor suddenly died, the rich would have to pay a hell of a lot more for the middle class to do these jobs. And that would dramatically decrease their wealth. If the middle class also suddenly died, the rich would instantaneously cease being rich. They would have to do all the work they currently pay others to do including all the manual labor.

The rich need the poor. The poor do not need the rich. The rich prey on the poor like the lion preys on the gazelle. The gazelle gets nothing in return.

40   zzyzzx   2014 Apr 28, 4:54am  

lakermania says

This is probably straying a little bit but I have always wondered why conservatives are so against abortion and liberals are so for it

If I were dictator, I would make abortion mandatory unless the people had enough money to pay for the damm thing up front.

41   BoomAndBustCycle   2014 Apr 28, 5:26am  

if these were 12 year old kids.. like say the kids from the movie GOONIES... inquisitive types. And this guy did the same to them.. how would you guys feel?

42   lakermania   2014 Apr 28, 5:54am  

Vicente says

Your rant is full of assumptions with little backing. How do you know what party potential aborted kids might have voted for in future? My head hurts from the Fox News relatives I have, who think BOTH that "those people" are having too many kids due to all the welfare they are living high on, and that they are having abortions right and left. The incongruity of these 2 simultaneous projections doesn't bother them. "We the people" of course never drive our daughters to another city to get one of those, nosiree, well nobody saw us anyhow.

Really?

88% Almost 90%! Of women who had an abortion comes from metropolitan areas according to prochoice.org.

64% of women who have abortion are minorities.

57% of women who have abortions are below the poverty level, not including minors which is at least 6%.

Only 13% of abortion patients describe themselves as born-again or Evangelical Christians. 22% are Catholic.

Assumptions? Does the majority of these demographics sound like conservative voting women to you?

But hey, but I'm just a guy who leans to the left on a lot of social issues like abortion, who happens to vote Republican and sits on the sidelines watching in bewilderment, as the two parties do things which are contradictory to their own benefit.

http://www.prochoice.org/about_abortion/facts/women_who.html
http://www.guttmacher.org/pubs/fb_induced_abortion.html

43   lakermania   2014 Apr 28, 6:07am  

Dan8267 says

Don't let our stupid media fool you into thinking that liberals are on the left. We're orthogonal to the stupid left-right line. And we're farther from either the left or the right than they are from each other.

Rather than go point by point, and take this topic even more off track, it would be easier to concede that yes....people like myself do tend to use "liberal" in place of Democrat or leftist in many instances. It's easy to do, like you insinuated, there are no liberals voting for conservatives. Of course the reverse is never done....

44   Vicente   2014 Apr 28, 6:17am  

BoomAndBustCycle says

if these were 12 year old kids.. like say the kids from the movie GOONIES... inquisitive types. And this guy did the same to them.. how would you guys feel?

Clearly the old lady was protecting her family and property.

Chunk deserved to die, along with all his meddling little friends.

45   Dan8267   2014 Apr 28, 6:31am  

BoomAndBustCycle says

if these were 12 year old kids.. like say the kids from the movie GOONIES... inquisitive types. And this guy did the same to them.. how would you guys feel?

46   Dan8267   2014 Apr 28, 6:33am  

lakermania says

It's easy to do, like you insinuated, there are no liberals voting for conservatives.

It's not my fault all the conservatives in my lifetime have been batshit crazy and evil. I like Ike. I would vote for Eisenhower. But I guess he would be considered a leftist commie today and a rino. Donald Trump would be demanding his birth certificate.

47   Vicente   2014 Apr 28, 6:41am  

lakermania says

It's easy to do, like you insinuated, there are no liberals voting for conservatives.

Been socially liberal all my life, or at least I thought so. Voted for Reagan and Bush and Shrub.

Unfortunately the Big Tent picked up and moved, and acquired Purity Police and put the preachers in charge, to make clear that people like me aren't welcome.

48   lostand confused   2014 Apr 30, 9:58pm  

MN man convicted of premeditated murder. Burglars/murderers/serial killers/rapists can rejoice- now, no homeowners can defend themselves.

http://abcnews.go.com/US/wireStory/prosecutor-man-shot-teens-intended-kill-23517042

49   Y   2014 Apr 30, 11:27pm  

same two kids robbing the same guy more than once.
when he heard the glass break upstairs he could have called the police at that point. he then could have held the kid at gunpoint while the police were enroute. If the kid attacked he could have kneecapped him.
he deserved his sentence...laying in wait like that and then finishing off a wounded, downed intruder.
i hold the parents of the kids partially responsible for not raising them in such a way that the thought of robbing someone would be reprehensible to them.

lostand confused says

MN man convicted of premeditated murder. Burglars/murderers/serial killers/rapists can rejoice- now, no homeowners can defend themselves.

http://abcnews.go.com/US/wireStory/prosecutor-man-shot-teens-intended-kill-23517042

50   Y   2014 May 1, 12:16am  

Ahh...so matrix like.
speaking of which, there's a reason the RED states..errr.. pill... represents Reality, and the BLUE states...errr...pill represents the blissful ignorance of illusion.

APOCALYPSEFUCKisShostikovitch says

harvested them for blood for the rest of their lives and made a few bucks per pint.

51   lostand confused   2014 May 1, 1:48am  

SoftShell says

same two kids robbing the same guy more than once.

when he heard the glass break upstairs he could have called the police at that point. he then could have held the kid at gunpoint while the police were enroute. If the kid attacked he could have kneecapped him.

he deserved his sentence...laying in wait like that and then finishing off a wounded, downed intruder.

How does one lay in wait in their own home???

52   Y   2014 May 1, 1:53am  

setting up a snipers nest, with refreshments and recording devices.
Hey, he has a right to defend himself in his own home, i have no problem with that...but c'mon, additional gunshots to the head after they are already down??

lostand confused says

How does one lay in wait in their own home???

53   lostand confused   2014 May 1, 4:08am  

that is not premediation. A man has a right to be in his own home

54   Vicente   2014 May 1, 4:47am  

lostand confused says

How does one lay in wait in their own home???

Well something like:

1. Park vehicles far from the house so it looks like no one is home.
2. Sit silently in a chair in the basement facing door with a rifle.
3. Do not pick up a phone or other means of calling for help.
4. Don't move or speak until someone's legs come into view, then open fire immediately.
5. If the target still shows signs of life, fire more shots until they are clearly dead.
6. Remove body from sight of door.
7. Repeat 2-6 as necessary or until a full day has passed.

something like that

You could also leave your garage door open with attractive items visible, and as soon as you are aware someone is present fire multiple shotgun blasts blindly into the darkened garage. This was another successful hunting strategy recently employed against a foreign exchange student.

Or you can shoot any houseguest, and claim you forgot about them and thought they were an intruder.

I've just finished sitting on a jury, and the evidence with video and audio seems clear on this one.

55   Y   2014 May 1, 4:59am  

Don't forget the excuse that guy in south africa used....the one with the fancy legs...

Vicente says

Or you can shoot any houseguest, and claim you forgot about them and thought they were an intruder

56   lostand confused   2014 May 1, 10:14am  

So now not building your house like a fortress and allowing burglars a small gap to squeeze through is an invitation to come in?? Burglars need to have a fear that they will be shot.

57   Vicente   2014 May 3, 7:30am  

His deer stand even included having a tarp handy. So yeah premeditated!

Audio here for those who want to hear people dying, don't pull a muscle masturbating folks.

Court Releases Recording Of Byron Smith Gunning Down Teens (EXPLICIT AUDIO)
http://www.huffingtonpost.com/2014/05/02/byron-smith-audio_n_5255546.html

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