This case is horrible, but you have misrepresented it in your comments. The teens broke a window and entered his house with the intention to rob it—it was not left wide open. The recording devices were turned on because he knew they were robbing the house. His first shots to stop the intruders were legal.
Where the crime occurred is that the original shots did not kill them, and then he executed them after they were downed. He also did not report the bodies for a day.
Don’t get me wrong, dude is a psychopathic asshole, but misrepresenting the series of events doesn’t help anybody.
With the premise the OP presented, I expected something worse than what was actually there. It was still horrible, but the impact was lessened for the reasons you listed.
Interesting how someone can manufacture consent like that by shifting your initial view.
Wikipedia says they broke a window to enter, and that can be heard on audio—I’m not trying to argue with everything, but how is a closed window that had to be broken for entry not a barrier?
The dude clearly murdered them and had violent vigilante fantasies—I don’t argue that one bit.
That said, they still came up to his house, broke a window, and entered with the intention to burgle it. It doesn’t really matter if the window was previously blocked or made of paper—breaking and entering with the intention of burglary is a crime, and having no block on a window isn’t enticement to have your house burgled.
Again, before anyone thinks I’m defending him, I fully agree that he is a murderer. I just think the burglars weren’t innocent either. In Reddit lingo, “everyone sucks here”.
The jury took less than three hours to establish as a matter of fact that none of the shootings were justified or in defense. It’s a fact now, your opinion is just that… An opinion and one not backed by either statute or the court case.
Maybe read more, I already said I’d look for my copy. I’m not magic and I’m not your mom, it will take some time and I also no no legitimate reason to do your legwork. I directed to where and how to gain the transcript to which you said you simply don’t have the time. So what’s your actual complaint, that I’m not doing it fast enough for the lord-god whatever the fuck your name is?
It’s been a long time since I’ve heard about this case, but my recollection was that he left his garage door open and parked away from his house so it would appear open and unoccupied. I didn’t see anything on the Wikipedia page that refutes that.
Smith had been visiting neighbors when he saw Kifer, whom he suspected was responsible for the burglaries, driving past his home. He commented that he needed to get ready for her and went back to his home. Upon entering his home, Smith turned on a recording device he owned. He removed the light bulbs from the ceiling lights and positioned himself in a chair that was obscured from view. He heard the window upstairs break and Brady climb in (captured on audio).
There may have been a window from the garage to the house or something, but it clearly says they broke a window, entered his home, and proceeded to the basement where they were shot. He had previously been burgled in the garage too, which Wikipedia says he was unaware about until police found evidence of a prior burglary. The house had been burgled previously as well, which is why he was looking out for people casing his house.
I hope none of this comes off as a defense of that asshole, but facts matter, and those teens did commit a crime. I don’t think they deserved to be executed for it, but he was within his rights to defend himself when they broke in to his home. He was not within his rights to execute them after the threat was over.
Armed or not, an actual threat or not, an intruder into an occupied home leaves benefit of the doubt at the entry point they used to get in. It might have been intended as a burglary instead of a home invasion, but the perpetrator does not get to make that distinction.
There is a tangible difference between regular property crime like shoplifting, fraud, or theft outside of a dwelling and the violation of a home. And another tangible difference if that home is occupied.
The US is over-policed, while simultaneously being under-policed for certain demographics, by a street gang operating under the color of law. We have an overabundance of bad shoots by the cops executing people for nonviolent propert crimes that needs to be dealt with. This is a real issue.
There is also a tendency for some to conflate that with self defense of/in a home under the (generally correct) idea that no property crime deserves the death penalty, like McDonalds managed to conflate the coffee burned old lady with frivolous lawsuits. I am saying that once you break into a home it is no longer “property crime” but something else.
This case is horrible, but you have misrepresented it in your comments. The teens broke a window and entered his house with the intention to rob it—it was not left wide open. The recording devices were turned on because he knew they were robbing the house. His first shots to stop the intruders were legal.
Where the crime occurred is that the original shots did not kill them, and then he executed them after they were downed. He also did not report the bodies for a day.
Don’t get me wrong, dude is a psychopathic asshole, but misrepresenting the series of events doesn’t help anybody.
With the premise the OP presented, I expected something worse than what was actually there. It was still horrible, but the impact was lessened for the reasons you listed.
Interesting how someone can manufacture consent like that by shifting your initial view.
They weren’t, they went over this in the trial.
He became the aggressor when he removed barriers to entry and laid in wait which is a negative defense for self defense.
Wikipedia says they broke a window to enter, and that can be heard on audio—I’m not trying to argue with everything, but how is a closed window that had to be broken for entry not a barrier?
They did, read the testimony. He has the window blocked and he removed it so the window would be the easiest way to enter.
He set a trap, there’s no legitimate purpose for that.
The dude clearly murdered them and had violent vigilante fantasies—I don’t argue that one bit.
That said, they still came up to his house, broke a window, and entered with the intention to burgle it. It doesn’t really matter if the window was previously blocked or made of paper—breaking and entering with the intention of burglary is a crime, and having no block on a window isn’t enticement to have your house burgled.
Again, before anyone thinks I’m defending him, I fully agree that he is a murderer. I just think the burglars weren’t innocent either. In Reddit lingo, “everyone sucks here”.
You are defending him boss.
The jury took less than three hours to establish as a matter of fact that none of the shootings were justified or in defense. It’s a fact now, your opinion is just that… An opinion and one not backed by either statute or the court case.
I already requested the link for the info you are referencing, and I have told you where I found mine. Please provide a source, I would like to learn.
I did!
The court transcripts which I’ve read, you haven’t and I’m not your goddamn mom. You know the source, go get it for yourself.
Ed: also https://lemmy.world/comment/14056314
Maybe read more, I already said I’d look for my copy. I’m not magic and I’m not your mom, it will take some time and I also no no legitimate reason to do your legwork. I directed to where and how to gain the transcript to which you said you simply don’t have the time. So what’s your actual complaint, that I’m not doing it fast enough for the lord-god whatever the fuck your name is?
If you’re arguing that both the murderer and murder victims “suck” maybe you need to rethink your priorities…
I’m not saying one is worse than the other, rather that both fucked around and found out.
Well that’s strange because one is a convicted murderer.
I find this kind of “appeal to the system when it agrees with me” strange
And the others probably would have been convicted of burglary if they lived, what’s your point?
And I am definitively saying the murderer is worse than his victims
Agreed. Never said he wasn’t.
It’s been a long time since I’ve heard about this case, but my recollection was that he left his garage door open and parked away from his house so it would appear open and unoccupied. I didn’t see anything on the Wikipedia page that refutes that.
There may have been a window from the garage to the house or something, but it clearly says they broke a window, entered his home, and proceeded to the basement where they were shot. He had previously been burgled in the garage too, which Wikipedia says he was unaware about until police found evidence of a prior burglary. The house had been burgled previously as well, which is why he was looking out for people casing his house.
I hope none of this comes off as a defense of that asshole, but facts matter, and those teens did commit a crime. I don’t think they deserved to be executed for it, but he was within his rights to defend himself when they broke in to his home. He was not within his rights to execute them after the threat was over.
No he wasn’t, read the actual case transcript.
There was never a threat, you really really need to read the court transcripts.
It depends on the State for specific legality.
Armed or not, an actual threat or not, an intruder into an occupied home leaves benefit of the doubt at the entry point they used to get in. It might have been intended as a burglary instead of a home invasion, but the perpetrator does not get to make that distinction.
There is a tangible difference between regular property crime like shoplifting, fraud, or theft outside of a dwelling and the violation of a home. And another tangible difference if that home is occupied.
Sure, this is adjudicated though there’s absolutely zero question to it at this point.
No one said they did.
Correct, the jury instructions are public and literally all of that is in it.
I’m not even quite sure what your point is.
The US is over-policed, while simultaneously being under-policed for certain demographics, by a street gang operating under the color of law. We have an overabundance of bad shoots by the cops executing people for nonviolent propert crimes that needs to be dealt with. This is a real issue.
There is also a tendency for some to conflate that with self defense of/in a home under the (generally correct) idea that no property crime deserves the death penalty, like McDonalds managed to conflate the coffee burned old lady with frivolous lawsuits. I am saying that once you break into a home it is no longer “property crime” but something else.
Link?
I probably have my copy at home but I’d have to dig.
If you do the case number and FOIA it from the court it was in you’ll get a copy, that’s how I got mine.
With all due respect…
Sure, no one has time to find out the facts of what the fuck they’re voicing their ignorant opinion about.
Everyone has time for that, you don’t have the will it would seem.