BYRON SMITH TRIAL: Brady shot 3 times, Kifer 6; prosecution rest - New York News

BYRON SMITH TRIAL: Brady shot 3 times, Kifer 6; prosecution rests

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LITTLE FALLS, Minn. (KMSP) -

Prosecutors have rested their case in the murder trial of Byron Smith, but his defense attorney, Steve Meshbesher, isn't showing his hand and it is still unknown whether Smith will testify in his own defense. 


Follow Fox 9's Paul Blume on Twitter for the latest details of the #ByronSmith trial.


Security ran out of passes for public entry to the trial on Thursday -- the day jurors learned the two teens who broke into his Little Falls, Minn., home were shot three and six times, respectively.

The medical examiner walked the courtroom through autopsy photos and said Nick Brady, 17 was shot three times and Haile Kifer, 18, six times. The third and final gunshot into Brady's head was proven fatal and had passed through the back of his hand. Kifer was killed with the fifth gunshot before the sixth and final "finishing shot" as Smith had earlier described.

Prosecutors also requested toxicology results during the direct examination, and the medical examiner confirmed Kifer had traces of marijuana in her system, but there were no drugs or alcohol in Brady's system.

Smith's attorney's cross examination of the medical examiner revealed Kifer had a drug found in cough syrup in her system at the time of the break-in. Even after several shots, it was established that the teen intruders "were still a threat."

A DNA specialist from the Bureau of Criminal Apprehension also confirmed Kifer’s blood was found on the sight of Smith’s revolver.

PROSECUTION RESTS, DEFENSE BEGINS

The first witness called by Smiths' defense team was a Morrison County Sheriff's Deputy who investigated a prior break-in at Smith's house.

THE CASE

Smith, 65, is standing trial on charges of first-degree murder in the 2012 Thanksgiving Day shooting deaths of 17-year-old Nick Brady 18-year-old Haile Kifer at his home in Little Falls, Minn.

Smith shot and killed Brady and Kifer after they broke into his house. Surveillance video played in court Wednesday shows the teenagers casing the house prior to the burglary.

Smith told police that repeated break-ins at his property led him to install audio and video recording device, and to keep a gun holstered.

In court Tuesday, the jury listened to audio recordings from the shootings. Smith could be heard telling Brady, "you're dead," and telling Kifer, "sorry about that," when his rifle jams, then firing a "good, clean finishing shot."

DAY 2: Chilling audio of Little Falls shootings

DAY 3: 'I refuse to live in fear'

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