Judge Anderson denies motion to dismiss first degree murder charges against Smith

A year after the deaths of Haile Kifer and Nicholas Brady, Morrison County Judge Douglas Anderson denied a motion Friday, Nov. 22, to dismiss first-degree murder charges against Byron David Smith of Little Falls.

Smith, 65, is charged with shooting Kifer, 18, and Brady, 17, who allegedly broke into his home Thanksgiving Day, Nov. 22, 2012.

Anderson also denied suppressing some of the evidence gathered during the investigation of the shootings.

Smith was initially charged with two counts of second degree murder charges. A grand jury indictment of first-degree murder charges was brought earlier this year.

The defense argued for the indictment to be dismissed due to errors made during the grand jury proceedings and insufficient evidence to support the indictment, as well as other flaws.

The criminal complaint brought against Smith indicates he told authorities he shot Kifer and Brady multiple times and kept their bodies in his home for a day. Authorities were notified the following day and he was arrested.

The defense argues that Smith shot the teens in self-defense, protecting his home from burglary.

 

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