Smith found guilty

  • joe-winter
    St. Peter, MN
    Posts: 1255
    #1407272

    IMO

    Smith got the wrong charge. It should have been VOLUNTARY manslaughter. here is my rationale. Being fully prepared for the next illegal act by someone else isn’t a crime. it is legal to use deadly force on someone that breaks and enters your home. Pre-meditation CANNOT involve requiring someone else CHOOSING to break the law. If Smith had hunt down those kids and shot them on their lawn/walmart/cub foods then it was Pre-meditated murder.

    Had he done all the preparation that he did and just plainly shot those kids dead upon entering the house then I believe he would have committed no crime.

    His crime was subdueing those kids and then playing exicutioner. there is no place in society for that. I don’t care how far RIGHT you reside and I am pretty RIGHT. (and by RIGHT, I don’t mean correct).

    IMHO

    carroll58
    Twin Cities, USA
    Posts: 2094
    #1407273

    Quote:


    Jury was wrong. They came into his house for the sole purpose of robbing him.Your home is your sanctuary.

    Had they chosen to stay at home they would be alive today.




    X2, Agree.

    I further state that if they had been any of my children, I would have asked the County Attorney to Not Prosecute Byron Smith. They broke into his home, uninvited with the sole apparent purpose of burglary to steal Guns, Cash, Prescription Drugs, etc. Yes, I’d be sad they turned from how they were taught & brought up, but they have Free Will.

    He should have used a larger caliber gun, but then his shotgun was stolen along with multiple other items including prescription drugs in one of the previous burglaries. With that all said, IMHO, he was mentally unstable, fearful for his own life and scared from the previous burglaries along with a large dose of stupidity.

    Just another thought, had he just severely wounded these young Vermin/Criminals, incapacitating them for Life, then he would have been sued for everything he has to support their care for the rest of their lives.

    I’d like to see after the fact how anyone of you, after having this happen to you, how you would feel. Until it does happen to you, where you and your personal property have been violated, you won’t know how you would feel.

    Take it for what it’s worth, but that’s my opinion,

    Right or Wrong as it may be!

    P.S.: I am sure I’ll be crucified for my Opinion.

    joe-winter
    St. Peter, MN
    Posts: 1255
    #1407281

    i don’t agree with you Stuart in taking out other family members. btu I am sure you don’t really care what I think.

    On a side note: If anyone touches my boys in any sick way (not talking fist fight here), you can bet I will spend the rest of my days hunting you down and you will die. I know this sounds like tuff guy talk but i swear I will have a say on your life.

    Everybody have a nice day!

    john23
    St. Paul, MN
    Posts: 2536
    #1407289

    Quote:


    He was guilty, but from what I heard, it sounded like he was mentally unstable. Wheather it was the constant break ins that pushed him over the edge or what, I don’t know, but he didn’t seem or act sane.

    Grouse


    Without a doubt the guy was not mentally stable. Mentally stable people don’t do what he did.

    If the kids who broke in had survived they would deserve punishment, but certainly not the type of punishment this guy deserves.

    john23
    St. Paul, MN
    Posts: 2536
    #1407290

    Quote:


    Give me the chance and I would shoot the guys that did this to her and all of their family members,afterwards I would light their corpses on fire and dance a jubilant dance of retribution. (and record it)


    I am so glad to live in a society where this kind of response to a break in isn’t tolerated.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59944
    #1407291

    ^^ and he didn’t even get banned.

    big_g
    Isle, MN
    Posts: 21873
    #1407308

    Being Banned is different than being committed. With his rationale, it would never stop. Keep killing innocent family members, who then have their extended family, kill yours and so on and so on and so on…. Who would agree with that logic ?

    Hunting4Walleyes
    MN
    Posts: 1552
    #1407319

    The Hatfield’s and McCoy’s agreed with that logic. There is a reason why you can’t, or would be hard pressed, to find another situation like that in the modern day era. We have grown into a more respectable United States.

    big_g
    Isle, MN
    Posts: 21873
    #1407323

    Well most of us have…..

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407328

    If those “kids” had not committed felony breaking and entering and burglery, I would think he would still be sitting in his basement with a loaded gun minding his own business. Last time I checked that was perfectly legal. I do it all the time….. In states like Texas, he may well have received an award from the Sheriff Dept.

    -J.

    carroll58
    Twin Cities, USA
    Posts: 2094
    #1407335

    Quote:


    I understand both side of the argument, I’m surprised by how quick it was decided. I also agree with the decision.

    Byron Smith


    I would ask,
    How would this case played out by the Police/Sheriff Investigator’s, the County Attorney & Society had the VERMIN/CRIMINAL’S been “Non-White”, say Black, Hispanic, American Indian, etc.?

    I think this would have have been an entirely different outcome.

    I also believe this case would not even had been prosecuted had this been in Oklahoma or Texas!

    Once again, Just my opinion!
    Something we’ll never really know for sure!

    bzzsaw
    Hudson, Wi
    Posts: 3434
    #1407347

    Quote:


    Quote:


    I understand both side of the argument, I’m surprised by how quick it was decided. I also agree with the decision.

    Byron Smith


    I would ask,
    How would this case played out by the Police/Sheriff Investigator’s, the County Attorney & Society had the VERMIN/CRIMINAL’S been “Non-White”, say Black, Hispanic, American Indian, etc.?

    I think this would have have been an entirely different outcome.

    I also believe this case would not even had been prosecuted had this been in Oklahoma or Texas!

    Once again, Just my opinion!
    Something we’ll never really know for sure!


    I don’t agree with your race card angle. I’m sure you could get Jesse Jackson and Al Sharpton to jump on your band wagon though. Given the same evidence, I don’t care what color the kids were or what state this happened in, the jury would have come to the same conclusion.

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407348

    I believe this case will be turned over on appeal.

    -J.

    suzuki
    Woodbury, Mn
    Posts: 18127
    #1407350

    I agree. Race would have nothing to do with the outcome. I still don’t think what he did was proper but I don’t feel sorry for the thieving victims.

    TheFamousGrouse
    St. Paul, MN
    Posts: 11056
    #1407365

    Quote:


    I believe this case will be turned over on appeal.

    -J.


    It’s the first degree that I wonder about, if that angle opens the door to an appeal. I can’t see how you can premeditate a break in of your own home?

    I wonder why they didn’t play the insanity card?

    I can see where a guy who had to endure constant breakins by these two dirtball thieves would be driven to the edge. Or over the edge.

    The whole situation was a cluster.

    Grouse

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407371

    Exactly. The first degree charge is wrong. The second degree does not apply either. This is a first or second degree manslaughter case. Shakey at best. You have no obligation to use self defense as a reason. If there person broke in, you can shoot first and ask questions later. This is in your own home, not walking down the street for crying out loud!

    -J.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59944
    #1407379

    I agree with everything you mentioned Jon.

    But a person still needs to render aid once the threat is stopped…and not a fatal bullet.

    Just me and the way I roll I guess.

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407384

    Like I said, bad choice of firearm. .44 mag and the guy probably would not have even been arrested.

    -J.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59944
    #1407389

    Good point.

    Never shoot to kill or maim. Shoot to stop the threat.

    desperado
    Posts: 3010
    #1407391

    Quote:


    Like I said, bad choice of firearm. .44 mag and the guy probably would not have even been arrested.
    -J.


    ^ that … and … he shot too slow (waited way too long between shots)
    rule of 4’s: when the perp comes into view, 4 shots in 4 seconds with a .44 caliber
    pulling off that many rounds that rapidly makes it much easier to argue the “neutralizing the threat” point

    mplspug
    Palmetto, Florida
    Posts: 25025
    #1407396

    Like it or not, you cannot set traps to kill people. Didn’t they teach you guys that in C&C class?

    I’d feel differently had he not purposely moved his truck and sat downstairs drinking red bull and eating cheetos.

    I don’t feel bad for the adults who broke into his house either. That doesn’t make what he did right or OK. I can separate the 2.

    I am curious if people upset with the verdict would feel differently if a similar incident occurred, except the perps were children, say ages 8-11.

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407401

    Am I guilty of “setting a trap” by keeping loaded guns handy with the full intention of shooting anyone who breaks into my house? Like it or not, this is not illegal. These are the points an appeals judge will easily sort out an toss the case out the window.

    -J.

    desperado
    Posts: 3010
    #1407402

    wiring a shotgun trigger to the door handle is setting a trap
    last I knew, it was still legal to park other places on your own property besides just in FRONT of the house
    and what’s the problem wearing a sidearm while sitting and reading in your own house (especially if recent incidences would cause you to believe that your safety is threatened within your own home)

    the ONLY problem I see is how long he waited between the initial shot and the lethal shot (with both perps)

    big_g
    Isle, MN
    Posts: 21873
    #1407409

    Quote:


    the ONLY problem I see is how long he waited between the initial shot and the lethal shot (with both perps)


    and that is what turned it from defending ones self and/or property, into homocide… that’s all. Waiting a day, because you didn’t want to bother the police… that didn’t help his cause either, but would have went miles if they would have been claiming he was a loon.

    mplspug
    Palmetto, Florida
    Posts: 25025
    #1407418

    Quote:


    wiring a shotgun trigger to the door handle is setting a trap
    last I knew, it was still legal to park other places on your own property besides just in FRONT of the house
    and what’s the problem wearing a sidearm while sitting and reading in your own house (especially if recent incidences would cause you to believe that your safety is threatened within your own home)



    Those things aren’t illegal but they make great evidence in a premeditated murder case.

    It’s not illegal for me to shadow box, but it is illegal for me to walk into someone while shadow boxing.

    mplspug
    Palmetto, Florida
    Posts: 25025
    #1407419

    I don’t think they could have claimed insanity. You need to prove someone doesn’t know right from wrong to win an insanity plea. He obviously knew right from wrong, because he knew it was wrong for someone to break into his house and he believed it justified his actions enough that he recorded it…in hopes it would help his case.

    john23
    St. Paul, MN
    Posts: 2536
    #1407433

    Quote:


    I believe this case will be turned over on appeal.

    -J.


    Jon – I suppose I don’t know what you mean by “turned over”, but I’ll bet you $500 the final word is at least a decade in prison. What do you say?

    jon_jordan
    St. Paul, Mn
    Posts: 10908
    #1407451

    I say this is not a first degree murder. If he gets 10 years for being stupid, so be it.

    -J.

    flatfish
    Rochester, MN
    Posts: 2105
    #1407459

    Quote:


    I agree with everything you mentioned Jon.

    But a person still needs to render aid once the threat is stopped…and not a fatal bullet.
    Just me and the way I roll I guess.


    Agree. So everyone, this should tell you to spend a little extra time at the range! And for the criminals out there, your lifestyle can and will eventually cost you your life.

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