Little Falls man accused of slaying teenage burglars wants murder dismissed

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An attorney for a Little Falls man accused of killing two teenagers who broke into his home is trying to get first-degree murder charges dismissed.

The Associated Press reports that at a hearing Friday in Morrison County District Court, a lawyer for Byron Smith, 56, questioned investigators about what they did after the November deaths of 17-year-old Nicholas Brady and 18-year-old Haile Kifer.

Judge Douglas Anderson will give attorneys until November to file written arguments, then he will make his decision on whether the charges should be dismissed, reports the Pioneer Press.

Smith's attorney says there is no enough evidence for the indictment. Steven Meshbesher also argued that prosecutors committed misconduct during grand jury proceedings and that there were other flaws in the case.

Meshbesher also wants evidence obtained during searches of Smith's house to be suppressed, the St. Cloud Times reported.

Smith has been free since posting $50,000 conditional bail after he was initially charged with second-degree murder. A grand jury later indicted him on first-degree murder charges.

Prosecutors say Smith shot Brady and Kifer multiple times after they broke into his home last November. His attorneys have claimed he acted in self-defense.

The shooting kindled much debate about how much force homeowners can use when protecting property, particularly during home invasions.

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