Right or wrong?

goatlady12 · April 2014

Here's an article from a city an hour or two away from where I live. What do you think did he deserve a guilty verdict?

http://www.nydailynews.com/news/crime/minnesota-jury-finds-byron-smith-65-guilty-murdering-teen-intruders-article-1.1773270

ramstein1027 · April 2014

Oh boy...I could really go on and on about this. In short, yes. A couple of points, though it's been a year since I practiced criminal law at all:

-you can't fight non-deadly force with deadly force, in most cases.

-there is a category of murder 2 ("heat of passion" it's sometimes called") where even though you take an action you know is going to kill someone, so it's kind of premeditated, the circumstances are such that it's not actually considered premeditated. an example would be finding your spouse in bed with another person, and then shooting one of them to death. yes, you knew what you were doing, but you were so crazy in the moment that it's not murder 1

-REGARDLESS of whether or not he should have been found guilty of murder 1, he literally committed murder 2, and you really can't refute that based on any of the facts presented in this article or the others I've read on this case.

Keep in mind the extremely high standard of proof juries have to find to convict in criminal cases: beyond a reasonable doubt. That means that they can't harbor any plausible thoughts that the defendant might not guilty. Even if you are pretty darn sure he is guilty, but have a tiny hunch that he isn't guilty, you would have to vote in favor of not guilty. It's a difficult standard for a reason.

goatlady12 · April 2014

One of my friends on facebook posted about this and how she couldn't believe he was found guilty. I cried when I listened to this: http://www.startribune.com/video/257247291.html. Warning, it's graphic.

In my opinion he hunted these kids and deserves life in prison!!! He was sitting in his basement with tarps and a gun, but no phone to call 911?! Also I don't believe you feel your life is threatened if you set a trap and hide in your basement. How can you feel threatened if you lure them there? It's sick. I believe you have a right to protect your home, but this is not the same thing. I think the report said he shot 9 rounds into the teens.

ramstein1027 · April 2014

I agree wholeheartedly. I forgot to add all that to my boring lawyer response :P

catwine · April 2014

yeah, i agree with him being found guilty. it seems like entrapment since he wanted them to break in and was prepared. plus, the article says the teens were unarmed so the old guy can't even claim self defense.

xxjen015 · April 2014

@Seipel12, I agree with you. He lured them there is what it sounds like. If they broke into his home when he was unaware and got startled and shot them...totally different story. Call 911, use a stun gun or something so you don't kill them if you want them caught that badly. Or take all your valuables somewhere and put in a camera to catch them in the act. Some people are just crazy.

sjs1013 · April 2014

I was too lazy to read this article, but this has been on the news here. If I remember correctly, didn't he video the murder? I do agree with the conviction.

goatlady12 · May 2014

I don't think he video recorded it, but there is audio. Man sounds like a psycho!

ramstein1027 · May 2014

I'm glad this lunatic is off the streets, who knows what else he is capable of.

brainybrunette · May 2014

This guy seems nuts! I completely agree with the conviction.

Right or wrong?

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