Forest Service closing Boundary Waters amid extreme heat, wildfires

MPR News helps you turn down the noise and build shared understanding. Turn up your support for this public resource and keep trusted journalism accessible to all. 

Turn Up Your Support

A central Minnesota judge will decide later this year whether to dismiss first-degree murder charges against a man accused of killing two teens who broke into his home.


 
	An attorney for Byron Smith, 65, argued in Morrison County District Court on Friday that there is not enough evidence to support the indictment against his client, and it should be dismissed. Attorney Steven Meshbesher also argued that prosecutors committed misconduct during grand jury proceedings and that there were other flaws in the case.


 
	Meshbesher also wants evidence obtained during searches of Smith's house to be suppressed, the St. Cloud Times reported. 
 
	Prosecutors say Smith shot Nicholas Brady, 17, and Haile Kifer, 18, multiple times after they broke into his home last November. His attorneys have claimed he acted in self-defense. 
 


	During Friday's hearing, Meshbesher questioned three investigators about their actions after the murders, and raised inconsistencies on when Smith was read his rights.
 


	Prosecutor Pete Orput said the defense's line of questioning is a "fishing expedition."
 

	Judge Douglas Anderson will give attorneys until November to file written arguments, then he will make his decision on whether the charges should be dismissed.

 
	The shooting stirred debate about how much force homeowners can use when protecting property.
 

	Court records say there were several minutes between the shootings of the two teens, and their bodies were in his house for a day before authorities were notified.

 
	The break-in was captured by video surveillance, and the shootings themselves were captured by an audio recorder.

Gallery

Grand jury indicts Byron Smith of first-degree murder in shooting deaths of 2 teens

Hearing delayed for Little Falls man accused of killing two teens

Accused Little Falls killer posts bail

Little Falls homeowner recorded break-in, teens' deaths

Funeral for Minn. teens killed in alleged break-in

Crime, Law and Justice

An attorney for a Little Falls man accused of killing two teenagers who broke into his home is trying to get first-degree murder charges dismissed.

Little Falls man wants murder charges dismissed

Go Deeper.

Like this?

News you can use in your inbox