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Old November 28, 2012, 12:50 AM   #5
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,925
Quote:
Originally Posted by ChrisLCR
...What I don't get is that nobody may have known about some of these details had he hadn't bragged about it,...
Who knows what could have been determined from the physical evidence, especially considering that he tampered with evidence, altered the crime scene and delayed reporting the incident, all as outlined in the criminal complaint:
Quote:
...Smith stated that he the put the man's body on a tarp and dragged the body into his basement workshop. Smith stated that he then sat back down in his chair.

Smith stated several minutes later he again heard footsteps on the main floor of his house. Smith stated that another person came down the stairs into the basement where he was sitting. Smith said he waited until he could see her hips then he shot her. After shooting the person she tumbled down the steps. Smith stated that he tried to shoot her again with the Mini 14 but the gun jammed. Smith stated that, after the gun jammed, the woman laughed at him. Smith stated that it was not a very long laugh because she was already hurting. Smith acknowledged that this made him upset. Smith told investigatort Luberts, "If you're trying to shoot somebody and they laugh at you, you go again." Smith then pulled out his .22 caliber 9-shot revolver that he was wearing, and he shot the female several times in the chest. Smith acknowledged he fired "more shots than I needed to." Smith stated that he then dragged the female's body into his office workshop and placed her body next to the man's. Smith stated that the female was still gasping for air. Smith stated at this point he placed the handgun under the woman's chin and shot her"under the chin up into the cranium". Smith described it as "a good clean finishing shot." Smith stated he wanted to end her suffering. ...

. . . .

Smith acknowledged that he left the bodies in the basement of his residence overnight. Smith stated that on Friday morning he then called a neighbor asking if the neighbor knew any lawyers. Smith acknowledges that he never attempted to call law enforcement, but says he asked his neighbor to do so, after the neighbor was unable to assist him in obtaining a lawyer.
Things like the movement of the bodies, the use of multiple guns, shooting a victim at multiple locations would all leave physical evidence.

Quote:
Originally Posted by Brian Pfleuger
They were talking about this on Fox News today. They had some defense attorney on there claiming that this particular Castle Doctrine law has no exceptions and it explicitly allows the homeowner to kill intruders with no recourse....
I'm also surprised no one challenged that hogwash.

The relevant Minnesota statute is 609.65 (emphasis added):
Quote:
609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.
Once the intruders were incapacitated, further use of lethal force by Mr. Smith was no longer necessary to resist or prevent anything.
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