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Old May 7, 2013, 10:42 PM   #51
Gbro
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Location: Minnesota
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Now charged with 1st degree murder

I was watching for updates on this case scheduled for May 6, 2013. after much searching i see a Grand Jury brought back 1st degree murder charges on April 25th. The next court date is set for July 1, 2013
Here is the Wiki page on Byron David Smith listing some background on him.

This is the criminal complaint;

This is the April 25th action i missed;
Smith is said to have a security background. There is something very strange with this whole situation.
Smith has a very high profile defense attorney representing him so this will be very interesting.
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Old May 7, 2013, 10:58 PM   #52
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Thanks for the update, Gbro. I think the grand jury did the right thing by bringing charges of 1st degree murder.
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Old May 8, 2013, 12:01 AM   #53
Metal god
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The only thing I can think of that may help this guy is the medical examiners report stating the teens were mortally wounded and death was eminent before he took the good clean kill shot . WoW can't believe he said something like that . He must not have heard them say , you have the right to remain SILENT !!
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Old May 8, 2013, 07:16 AM   #54
Mike Irwin
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"The only thing I can think of that may help this guy is the medical examiners report stating the teens were mortally wounded and death was eminent before he took the good clean kill shot ."

As I understand it, that wouldn't help in the least. The intent was still to kill the person unlawfully, whether they were mortally wounded or not.

That's like the old law school conundrum.

Guy wants to commit suicide, and jumps off a tall building.

On his way down, his enemy shoots at him, intending to kill him, and in fact does so.

Is the second guy guilty of murder?

As far as I know, the answer is always yes.
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Old May 12, 2013, 10:19 AM   #55
B.N.Real
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This is just awful.

I applaud anyone for defending themselves but once the intruder or intruders are incapacitated,on the floor gasping for breath-it's time to call 911 for the police and an ambulance-not shoot them more.

Also,moving a intruder you shot who is now incapacitated is a real no-no.

And the less you say,other then just the facts,the better off you will be.

This looks now like a guy who was finishing off people to hide simply murdering them.

MANY stupid moves on his part.
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Old July 3, 2013, 10:20 AM   #56
Gbro
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Update

July 1, 2013 court update.
Next appearance August 30, 2013 for a contested omnibus hearing regarding issues of statements and physical evidence.
The initial omnibus hearing was canceled, i presume because of the upping to 1st degree murder.

Here is story,


Updated picture;


Events & Orders of the Court


OTHER EVENTS AND HEARINGS
11/26/2012 Complaint-Order for Detention (Judicial Officer: Freeberg,Conrad I. , )
11/26/2012 First Appearance (11:30 AM) (Judicial Officer Anderson, Douglas P.)
11/26/2012 Reset by Court to 11/26/2012
Result: Held
11/26/2012 Bail Study
11/26/2012 Certificate of Representation
11/26/2012 Notice to Remove (Judicial Officer: Freeberg,Conrad I. , )
11/26/2012 Affidavit of Service
11/26/2012 Demand/Request for Discovery
11/26/2012 Acknowledgement of Rights
11/26/2012 Affidavit of Service
11/26/2012 Order to Remove (Judicial Officer: Freeberg,Conrad I. , )
11/26/2012 Acknowledgement of Rights (Judicial Officer: Anderson, Douglas P. )
11/26/2012 Order for Release (Judicial Officer: Anderson, Douglas P. )
11/26/2012 Interim Condition for Smith, Byron David
- Pay bail
$200,000.00
- Post bond
$2,000,000.00
- Conditions, other
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No contact with victim or family
- Remain law-abiding
- Make all future court appearances
- Make and maintain contact with attorney
- No use or possession of firearms or dangerous weapons
- Pay bail with conditions
$100,000.00
- Post bond with conditions
$1,000,000.00
11/26/2012 Notice of Filing of Order
11/26/2012 Notice of Hearing
11/30/2012 Search Warrant (Judicial Officer: Freeberg,Conrad I. , )
11/30/2012 Search Warrant (Judicial Officer: Carlson, Jay D. )
11/30/2012 Search Warrant (Judicial Officer: Carlson, Jay D. )
11/30/2012 Search Warrant (Judicial Officer: Carlson, Jay D. )
11/30/2012 Search Warrant (Judicial Officer: Carlson, Jay D. )
11/30/2012 Search Warrant (Judicial Officer: Carlson, Jay D. )
12/04/2012 Certificate of Representation
12/07/2012 Motion
12/07/2012 Memorandum
12/07/2012 Affidavit of Service
12/11/2012 Notice of Evidence and Identification Procedures
12/11/2012 Discovery Disclosure
12/11/2012 Affidavit of Service
12/12/2012 Discovery Disclosure
12/17/2012 Hearing (1:00 PM) (Judicial Officer Anderson, Douglas P.)
Result: Held
12/17/2012 Motion Hearing (1:00 PM) (Judicial Officer Anderson, Douglas P.)
Result: Held
12/17/2012 Discovery Disclosure (Judicial Officer: Anderson, Douglas P. )
12/17/2012 Order for Release (Judicial Officer: Anderson, Douglas P. )
12/17/2012 Interim Condition for Smith, Byron David
- Pay bail
$200,000.00
- Post bond
$2,000,000.00
- Conditions, other
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No contact with victim or family
- Remain law-abiding
- Make all future court appearances
- Make and maintain contact with attorney
- Sign Waiver of Extradition
- No use or possession of firearms or dangerous weapons
- Pay bail with conditions
$50,000.00
- Post bond with conditions
$500,000.00
12/17/2012 Other Document (Judicial Officer: Anderson, Douglas P. )
12/17/2012 Discovery Disclosure (Judicial Officer: Anderson, Douglas P. )
12/17/2012 Waiver of Extradition (Judicial Officer: Anderson, Douglas P. )
12/17/2012 Probable Cause Found to Detain (Judicial Officer: Carlson, Jay D. )
12/17/2012 Notice of Hearing
12/18/2012 Other Document
12/31/2012 Substitution of Counsel
12/31/2012 Substitution of Counsel
12/31/2012 Discovery Disclosure
01/07/2013 Notice of Defense and Defense Witnesses
01/07/2013 Affidavit of Service
01/09/2013 Demand/Request for Discovery
01/14/2013 Request for Continuance
01/14/2013 Demand/Request for Discovery
01/15/2013 Notice of Hearing
01/18/2013 Demand/Request for Discovery
01/24/2013 Discovery Disclosure
02/11/2013 Discovery Disclosure
02/11/2013 Motion
02/11/2013 Proposed Document
02/11/2013 Other Document
02/11/2013 Correspondence
02/12/2013 Correspondence
02/13/2013 Demand/Request for Discovery
02/15/2013 Motion
02/15/2013 Affidavit of Service
02/15/2013 Proposed Document
02/15/2013 Correspondence
02/15/2013 Correspondence
02/20/2013 Motion
02/20/2013 Affidavit of Service
02/21/2013 Motion Hearing (1:00 PM) (Judicial Officer Anderson, Douglas P.)
Result: Held
02/21/2013 Notice of Motion and Motion
02/21/2013 Memorandum
02/21/2013 Other Document
02/21/2013 Other Document
02/21/2013 Other Document
02/21/2013 Demand/Request for Discovery
02/21/2013 Taken Under Advisement (Judicial Officer: Anderson, Douglas P. )
02/25/2013 Order-Other (Judicial Officer: Anderson, Douglas P. )
02/26/2013 Notice of Filing of Order
02/27/2013 Order-Other (Judicial Officer: Anderson, Douglas P. )
02/28/2013 Notice of Filing of Order
03/06/2013 Discovery Disclosure
03/06/2013 Affidavit of Service
03/07/2013 Demand/Request for Discovery
03/07/2013 Correspondence
03/12/2013 Correspondence
03/15/2013 Discovery Disclosure
03/15/2013 Affidavit of Service
03/19/2013 Memorandum
03/22/2013 Discovery Disclosure
03/22/2013 Affidavit of Service
03/25/2013 Discovery Disclosure
03/25/2013 Affidavit of Service
03/25/2013 Correspondence
03/26/2013 Taken Under Advisement (Judicial Officer: Anderson, Douglas P. )
04/03/2013 Order-Other (Judicial Officer: Anderson, Douglas P. )
04/03/2013 Notice of Filing of Order
04/10/2013 Discovery Disclosure
04/10/2013 Affidavit of Service
04/11/2013 Discovery Disclosure
04/11/2013 Affidavit of Service
04/24/2013 Indictment - after service or in custody
04/24/2013 Warrant Issued
04/25/2013 Warrant Quashed
04/25/2013 Demand/Request for Discovery
04/25/2013 First Appearance (2:00 PM) (Judicial Officer Anderson, Douglas P.)
Result: Held
04/25/2013 Court Clerk Minutes (Judicial Officer: Anderson, Douglas P. )
04/25/2013 Order for Release (Judicial Officer: Anderson, Douglas P. )
04/25/2013 Order-Other (Judicial Officer: Anderson, Douglas P. )
04/25/2013 Interim Condition for Smith, Byron David
- Pay bail
$200,000.00
- Post bond
$2,000,000.00
- Conditions, other
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No contact with victim or family
- Remain law-abiding
- Make all future court appearances
- Make and maintain contact with attorney
- Sign Waiver of Extradition
- No use or possession of firearms or dangerous weapons
- Pay bail with conditions
$50,000.00
- Post bond with conditions
$500,000.00
04/25/2013 Notice of Hearing (Judicial Officer: Anderson, Douglas P. )
04/25/2013 Notice of Filing of Order
04/26/2013 Warrant Returned
05/06/2013 CANCELED Omnibus Hearing (1:00 PM) (Judicial Officer Anderson, Douglas P.)
Other
01/22/2013 Reset by Court to 05/06/2013
05/09/2013 Discovery Disclosure
05/09/2013 Affidavit of Service
05/17/2013 Discovery Disclosure
05/17/2013 Affidavit of Service
06/03/2013 Discovery Disclosure
06/03/2013 Affidavit of Service
06/24/2013 Hearing (2:30 PM) (Judicial Officer Anderson, Douglas P.)
Result: Held
06/24/2013 Notice of Hearing
06/27/2013 Discovery Disclosure
06/27/2013 Affidavit of Service
06/28/2013 Publicly Viewable Note to File
07/01/2013 Initial Appearance - Rule 8 (10:00 AM) (Judicial Officer Anderson, Douglas P.)
Result: Held
07/01/2013 Court Clerk Minutes (Judicial Officer: Anderson, Douglas P. )
07/01/2013 Discovery Disclosure
07/01/2013 Affidavit of Mailing
07/02/2013 Order-Other (Judicial Officer: Anderson, Douglas P. )
07/03/2013 Notice of Filing of Order
08/30/2013 Contested Omnibus (10:00 AM) (Judicial Officer Anderson, Douglas P.)
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Last edited by Gbro; July 3, 2013 at 10:42 AM.
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