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Byron David Smith

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STATE MINNESOTA
     OF                                                                                  DISTRICT
                                                                                               COURT
C O U N T Y FM O R R I S O N
          O                                                                  SEVENTH     DISTRICT
                                                                                   JUDICIAL


                                                                   F
                                                           C O U R T I L EN O . :
                                                                                            FI N
                                                                           P R O S E C U T O R L E O . :121246

     of
State Minnesqta,
              Plaintiff,
                                                                    n Summons I               Warrant
V.
                                                                    mOrderof Detention
Bvron                   11948
           SmithDOB:06/11
       David
l4sl9 Elmstreqt
Little    MN
     Falls, 96345                                                   n Amended
              Defendant.                                            T                      Filed
                                                                        Tab chargePreviously



               being      makes
TheComplainarlt, dulysworn,                                         thatthereis
                                                       Coudand states
                               complaint the above-named
                                      to
probable    to                  committed following
       cause believe the Defendant
                     that                the       offense(s):

                                         Count1
Murder- 2nd Dpgree- with lntent-Not
                                  Premeditated                                                     ,
           Of:
ln Viotation    609.19  subd.1(1)
Penalty:        40 Yearslmprisonment

           On or aboutNovember 22,2012, the County Morrison,
                                       in          of       State Minnesota,
                                                                 of          the
     above-namep          Bryon
                  Defendant,    David Smith, cause death a humanbeingwithintent
                                            did     the   of                      to
     effect deathof thatp"rron or another, without
          the                            but                 (victim:
                                                 premeditation.                    Brady
                                                                           Alexander
                                                                    Nicholas
     Schaeffel).


                                                  Qount2
Murder            -
      - 2nd Dpgree with Intent-Not         Premeditated
          O
lnViolation f:  6 0 9 . 1 9 u b d .1 ( 1 )
                          s
Penalty:        40 Yearslmprisonment

           On or aboutNovember       in                   State Minnesota,
                              22,2012, the County Morrison,
                                                of              of            the
     above-namdd          Bryon
                  Defendant,       Smith, cause death
                               David     did     the     of a human   beingwithintentto
     effect death thatperson another, without
          the      of        or       but                   (victirn:
                                               premeditation,      HaileElaine  Kifer)
                                                                                                        Page 2
         2trJ7894
MN0d90000/1




                                           OF       CAUSE
                                   STATEMENT PROBABLE

                                                         cause:
                                                  probable
                                     factsestablish
                     thatthe following
                states
    TheComplainant

                   Novem 23,2012,at
          On Friday,      ber          approximately p.ffi., concerned
                                                   1:00     E                contacted
                                                                       citizen       the
    MorrisonCounty       Office.The concerned
                  Sheriffs                         stated
                                             citizen    thathe believed neighbor,
                                                                      his         Byron
         Smith, killed
               had     someone wastrying breakintoSmith's
                               that         to                residence.Smith's        is
                                                                               residence
    David
          at .1491g streetin BellePrairie
                  Elm                   Township,        county,Minnesota.
                                                  Morrison
    located

            DepuflScherping lnvestigator
                            and            Luberts the Sheriff's
                                                    of             Office droveto the Smithresidence
    on ElmStreet.  Smith metthe officers the frontdoorandinvited
                                       at                           themin. Inside houseSmith
                                                                                     the             told
                                  day,November   22nd, around
                                                        at        noon,  two people  had broken intohis
    the officersthat the previous
                   on
    residence.       showed
                S;nith      the officers broken
                                       a        bedroom    window.Smithstated     thathe was in the
    basement the residence the timeof the break-in.
               of            at                          Smithstated  thathe had shota maleand
                   walked downintothe basement his
                                                of     residence,  Smithstated  that he dragged  the
            as
    female thQy
                       workshop his basement,
                               in               Smith  thenshowed    the officers officeworkshop,
                                                                                 his                 and
    bodies an bttice
            to
                cpuld the bodies a youngmaleandfemale
                     see           of                         thatappeared    to havemultiple gunshot
    the officers
    wounds,Smith   was placedunderarrestand later  transported the Morrison
                                                               to               County  Sheriffsoffice
    for an intenuiew.

                        Luberts
             Investigator        tooka tapedstatement Smith
                                                      from       pursuant Miranda,Smithstated
                                                                         to                      that
     his residencq broken on several
                   was         into          prioroccasions. Smithstatedthaton Thanksgiving he
                                                                                            Day
          sitting hisbasement.
                in                           thathe heard
                                   Smithstated                     around house. lt sounded
                                                           footsteps      his                  like
     was
     someone trying get intohis house.Smith
               waN       to                         heard window
                                                          a        breaking upstairs.Thenhe heard
     footsteps        O-own
               wafkin'g     tfrehallway.Smiththensawa person    walkingdownthe stairwell the
                                                                                        into
     basement   wherJhe  was sitting. Smithstatedthathe firstsawthefeet,thenhe sawthe legs,thenhe
     sawthe hips.At thispoint   Smitnstated shotthe person, the person downthe stairs.Smith
                                            he                and            fell
     stated thatthe gun he usedwas a Mini14 rifle. Smithbelieved he shottwice. Smithstatedthatafter
     the manfelldown stairs manwas looking at him. Smithstate
                       the        the               up                   that he thenshotthe manin
     the face. Snjith lnvestigator
                     told             Luberts, wanthimdead."Smithstated
                                             "l                            that he thenputthe man's
     bodyon a tafpanddragged bodyintohisbasement
                                  the                      workshop. Smithstatedthathe thensat back
     downin hisOhair.

             Smith stated several minutes   laterhe again heard footsteps the mainfloorof his house.
                                                                         on
     Smith stated another
                  that          person  camedownthestairs the basement
                                                              into               wherehe was sitting'Srnith
     saidhe waitgd   until couldsee her hipsandthenhe shother. Aftershooting person tumbled
                          he                                                          the         she
                             stated thathe triedto shoot again
                                                          her       withthe Mini14 but the  gunjammed.
     downthe steps.Smith
     Smith stated that,after the gunjammed, woman
                                                the        taughed him, Smithstated
                                                                    at                    thatit was nota
     verylonglaugh    because was already
                               she               hurting.Smith  acknowledged this madehimupset'
                                                                               that
     Smltn totOtnyestigator  Lubefts, you're
                                      "lf       trying shoot
                                                      to       somebody theylaughat you,you go
                                                                         and
     again."Smiln   thenpulled his .22 caliber
                                out                 9-shotrevolver thathe waswearing, he shotthe
                                                                                        and
             sevefal timesin the chest. Smithacknowledged he fired
                                                               that        "moreshotsthanI needed      to."
     female
                                                       bodyintohisoffice workshop   and  placed bodynext
                                                                                                 her
     Smith  stated he thendragged female's
                  that                    the
     to the man,s, Snrith  statedtnaithefemale    wasstillgasping air. Smithstatedat thispointhe placed
                                                                   for
     the handgun  under woman's
                         the           chinandshother"under chinup intothe cranium."
                                                                 the                           Smith
     describedFs "a goodclean
               it                  finishing  shot." Smith stated wanted endher suffering.
                                                                  he        to                     Smith
                                                      hada weapon, maintained he wasfearful
                                                                     but            that                the
     acknowledgeO neither maleor female
                     thai        the
     entire timethattheymighthavea weapon.
                                                                                     Smith
                                                                            overnight.
                    acknowledged he leftthe bodies the basement his residence
                              that               in           of
               Smittfr
                                                                                         P a g e3
         2007894
MN0{90000/1




           that Friday  morning thencalled neighbor
                              he         a                           knewanylawyers.
                                                   asking the neighbor
                                                        if
    stated or1
    Smith  acknowleOgel he never
                        that              to
                                  attempted calltawenforcement, sayshe askedhisneighbor
                                                               but
                                                           a
    to do so,afteftha neighbor unable assist in obtaining lawyer.
                             was      to     him

         The bpdies the deceased
                  of             persons Smith's
                                         in     basementhavebeenidentified Nicholas
                                                                            as
            BradySchaeffel,
    Alexander             dateof birth03-21-1995, Haile
                                               and     Elaine     date of birth10'17-1994.
                                                             Kifer,
                                                                                      Page4
         2007894
MN0490000/1




Complainant         that
           reqpests Defendant,                            of       be:
                                   subject bailor conditions release,
                                         to
(1)arrested thatother
          or                 steps
                       lalvful           to
                                 betaken obtain                       in   or
                                                            appearancecourt;
                                                  Defendant's
           if alfeady custody,
iZi OetaineO,        in        pending      proceedings; thatsaidDefendant
                                      further           and              otherwise dealt
                                                                                 be
with accordinglaw.
             to

          NAME:
COMPLAINANTIS                                               RE
                                                      SIGNATU :
                                                 NANT'S
                                            COMPLAI



               Plo$f
          Thomas
                                                                          t,
subscribed gworn before undersigned 2bday
         and   to     the        tha"                of - l-IOVgntbgf          2012

NAME/TITLE:
,.t,^,t
                                            SIGNATURE:




Being         to                 charged, approve complaint.
     authorize{ prosecute offenses
                        the             I       this



Date: !( '&b lt                                              SIGNATURE:
                                                     ATTORNEY'S
                                               ECUTING
                                            PROS



                                            Name:      .J.
                                                  Brian Middendorf
                                                   CountY
                                            Morrison       AttorneY
                                            213SE 1stA''re
                                                 Falls, 56345
                                            Little    MIN
                                            320-632-0190
                                                                   280768
                                                             Nurnber:
                                                   Registration
                                            Attorney
"';;;;;e;;;i,,w
MNC490000/12G)7894-
                                                                                                                      P a g e5
                                                                                                                             BJM




                                               FINDING OF PROBABLECAUSE
Fromtheabove   swo{nfacK,andanysupporting           or
                                          affidavits supplementalswomtestimony, theIssuingOfficer,havedetemined
                                                                                 I,
thatprobable cause      to             to
                                 subjcct bailor conditions
                   qxists support,                                wh€re
                                                          ofreleaso      aPplicable,        atrost other
                                                                                    DeGndant's     or     lawfulstePs
to bJ taken                  appearance court,or Defendant's
           to obtainDefendant's        in                                               pending
                                                                      ifaLeadyin custody,
                                                             detention,                        firther ploceedings.
          is
Defendant therefole  charged the above'stated
                            with               offense(s)


                                                      L_J suMMoNS
THEREFORE,                                                            to
               YOU TI-[EABOVE-NAMED DEFENDANT, ARE HEREBY S{.JMMONED appearon the                               day of
                 ,20- at                                      courtat
                                          beforethe above-named                                                  to answer
this complaint.


                                                           WARRANT

To theSheriffof aboved-named
               the          county; other
                                  or          authorized execute wanant:I hereby
                                         person        to        this               order, thename
                                                                                         in        ofthe State
of Mimesota, tble
            that above-namedDefendant apprehended anested
                                     be          and        without delay brought
                                                                         and       promptly     the
                                                                                           before
above-named ([fin session), ifnot, before Judge Judicial
           court           and           a    or              ofsuchcourt
                                                        Officer           withoutunnecessary andin any
                                                                                            delay,
event later
     not         i6   after anest
                          the
             than hours           or assoon such
                                           as        or
                                                Judge Judicial        is       to        withaccording law'
                                                                Officer aYailable be dealt            to

                  I     Execute MN Only
                              in                  I   Execute Nationwide         3   E*rtute in Border States




                                                      tr   oRDER DETITNTIoN
                                                               oF
                   Defendant already custody, hereby
Sincetbeabove-narled       is       in      I                                      ofrelease,thattheabove-named
                                                    order,subject bail or conditions
                                                                to
Defendant       1o         pending
         continue bedetained      fudherproceedings.

Bail:

Conditions Relea$e:
         of


                                                                    -fu                             y''up'[p-t^
                            and  to,                            this
                                          by undersigned o fficer
                uu,,subscribedswom isissued the      Judiciat                                day
                                                                                               ",
Ilryo,"rr,
JUDICIAL OFFICER:                                                SIGNATUTI.E:

NAME:t.*nnlry-o.n 6*.t".'-"t
               A
rrrlE:  <ril ag".

Sworntestimony beengivenbeforethe JudicialOflicer by the following witness'3s:
             hag



                               COUNTY OF MORRISON
                                STATE OF MINNESOTA


              Stateof Minnesota
                                   Plaintiff
                                                                    I herebyCertifuand Return that I haveserveda copyof this
                                                                    Ordero1'Detentionilpon the Defendant(s) herein-named'

                                                                                 natureof AuthorizedServiceAgent:
                      flyronDavidSmith

				
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