04-14-2014, 12:20 PM
(04-14-2014, 11:57 AM)Duchess Wrote: I understand protecting yourself & your property but this is going too far. Shooting the girl the way he did I feel is outright murder.
Yeah, I agree.
He incapacitated them with the first shots which is legal under the castle doctrine. If his first shots had killed each of the teens, he'd probably be okay legally too.
But, once he'd removed the threat by incapacitating them, he decided to execute them -- and admitted as much to LE in his statements.
Plus, he never called LE to report that he had two bodies in his home. To me, that suggests that he knew he was not justified in going so far as he did.
Unless his attorneys can sell Smith as suffering from PTSD as a result of the previous burglaries, or dementia, or something to that effect (which I haven't seen that they're planning to do), I don't think Smith stands a chance of beating the premeditated murder wrap for the girl, and not much of a chance for the boy either.
Then again, who'd have thought that a man could shoot an unarmed teen to death at a public gas station -- a teen who never even approached the shooter -- and hang a jury?
Should be an interesting trial.