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Continued: Limits of 'stand your ground' laws tested in recent shootings in Montana, Minnesota homes

  • Article by: MATT VOLZ , Associated Press
  • Last update: May 1, 2014 - 10:15 AM

He added there could be mitigating factors yet to emerge in the exchange student's death.

Minnesota law allows the use of deadly force in a home to prevent a felony, but it must be considered a reasonable response.

Byron Smith, a 65-year-old retiree, unsuccessfully used that defense to justify his shooting of Nick Brady, 17, and Haile Kifer, 18, after the cousins broke into his Little Falls home in 2012. Smith's attorney said his client's home had been burglarized, and he was afraid.

Smith was convicted of premeditated murder Tuesday. Prosecutors said Smith moved his truck to make it look as though no one was home. He turned on a handheld recorder, had a surveillance system running and waited in the basement with food, water and two guns.

Brady descended the basement stairs first, and Smith shot him three times, saying "You're dead." He dragged the body to another room and waited until Kifer followed, and he shot her. "You're dying," he told her, according to the audio recording.

Since Martin's death in Florida, lawmakers in at least seven states have introduced legislation to weaken or repeal self-defense laws. None of the measures have passed, according to the San Francisco-based Law Center to Prevent Gun Violence.

Gary Marbut, who heads the Montana Shooting Sports Association and helped draft the state's law, said Kaarma's case could help clarify it.

"If they're going to possess the means to apply lethal force," he said, "they need to have a good understanding of when and how that is permissible."

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