The defendant contends that he heard glass breaking upstairs while in his basement thus signalling a break in. The defendant indicated that he had experienced recent burglaries, and had cause for concern before hand. As Nick Brady walked downstairs toward Smith's location, Smith opened fire hitting him twice. According to investigators, the defendant admits to firing one more time into Smith's face and was quoted to say "I want him dead." Merely minutes later, Haile Kifer reportedly calls out after her cousin, and follows the same path downstairs where Smith fires multiple shots hitting the girl with each. Investigators report Smith admitted to firing the "good, clean finishing shot."
Now I'm the last person to tell you what goes on in your mind in life or death gun situations. I've never seen combat, owned my own firearm, or done any practice with a gun other than for sport and recreation. The reasonable man in me would not find it necessary to react that way. I've been in fistfights where at first I was very threatened, but once I got the better of the engagement, I would let up and relent. I'd have to consider a parallel (albeit amplified) version of that logic in a shooting situation. Once the threat was neutralized, or the threat of shooting understood, it is logical for the shooter to relent.
The prosecution adds also to their case that the homeowner waited a whole day, with bodies inside still, to contact authorities and report the shootings.
My guess is that the defendant will be found guilty of either murder or manslaughter in the situation due to the following:
- Multiple shots fired into each victim. Especially the kill shots once the kids were no longer a threat.
- The victims were unarmed.
- What Smith was quoted as saying after the shootings.
- The unnatural length of time it took to report.
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