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Three jurors chosen in Little Falls intruder shooting trial

Posted by: Pam Louwagie Updated: April 14, 2014 - 1:43 PM

Three jurors were chosen this morning in the Byron Smith murder trial in Little Falls, state court officials said.

Smith, 65, faces life in prison if found guilty of first-degree murder. He is charged in the killings of 18-year-old Haile Kifer and 17-year-old Nick Brady, who broke into his home on Thanksgiving Day, 2012. 

Smith is claiming he acted in defense of himself and his home in shooting the teens as they descended his basement stairs about 10 minutes apart. Prosecutors say he went too far by continuing to shoot the teens, who were already wounded.

In Minnesota, a person can justifiably take a life to avert death or great bodily harm, or to prevent a felony in his or her home. Juries are instructed to consider the circumstances and whether it was a decision "a reasonable person would have made in light of the danger perceived."

The trial will likely include an audio recording that Smith, a retired U.S. State Department employee who set up security at embassies, had taped during the shootings. Prosecutors say Smith can be heard uttering "you're dead" after shooting Brady three times and calling Kifer "bitch" as he shot her. They said he dragged each into his workshop and fired a final shot beneath Kifer's chin and into her cranium, describing it to authorities as a "good, clean finishing shot."

Smith's attorney, Steve Meshbesher, has said Smith was terrified after enduring several prior break-ins at his home on the backwaters of the Mississippi River. Smith didn't know how many people were breaking in and whether they were armed, and was afraid to be in his own home, the defense contends.

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