Did would launch a terrifying case. Why did this have to happen here . With a deadly end. Nobodys leaving until we figure out what happened. A man at home, alone and afraid. M what would you do if you felt id danger . If they were really attacking y his home. You have a right to protect your home and to protect yourself. He planned, he prepared and was determined to kill. The most chilling detail of all, what youll hear on tape. Im still shaking. Hello and welcome to dateline. Growing up, cousins nick brady and hailey kifer were close. Nick loved to joke and haley loved to laugh. The teenagers were together that cold november day when tragedy a struck. The horrible incident was all there for police to hear on a perfectlyo clear recording. So why was what happened so unclear . A mystery that would divide a community and spark a national debate. Heres kate snow with 12 minutes on elm street. 12 minutes, not a long time. But for three people whose paths collided on thanksgiving day, 12 minutes was all it took for their lives to explode in a flash. I refuse to live in fear. 12 minutes that would haunt their families. I dropped to my knees. I was like, this cant be happening. Basically, why . Every second of those terrifying minutes would be fiercely debated. Your natural instinct is to save yourself, however you need to do it. A town divided over what happened inside this house on elm street. We had a lot of weird things happen in trial. Ive never in my life had evidence such as this. This might be more than what were initially being told. But before all the fear and the finger pointing, it was just another thanksgiving weekend in november 2012, in the small town of little falls, minnesota. Everybody knows everybody and everything about everybody. 18yearold rachel brady was spending the holiday with her 17yearold brother nick and their 18yearold cousin haile kifer. We were always together. We would go camping. We were always in the water, e always doing something. Me and haile were always together. Nick was the funloving one in the group. Kimberly is his mom. He found joy in everything and he would make sure to find something to make you smile. He would just sit there and hug me and be like oh, rachel, rachel, my big sister and then make me laugh every single time. Like all kids, they liked to tease each other. Like when rachel called nick the nickname hed had when he was a little meboy, nickel baby. Just the family jokey nickname for him . Nobody else called him just the family . His like j really good frien would callik him it after they heard me call him it. He would get so mad at me for saying it in front of his friends. Growing up, nick was into ou sports and loved the outdoors. So did his cousin, haile. Who was as bright and active as he was. She was vivacious. She was bubbly and funny. She was very athletic in high school. She was in gymnastics and softball and track. The closeknit cousins spent the wednesday before thanksgiving together. Rachel says there isnt all thatch for teens toay do in lite falls, so they would drive around town in the red mit mitsubishi nick rebuilt himself. Would you cruise down the main drag here . Pretty much everywhere. Cr so just spending the day with no cares . Yeah. They all spent the night together at a friends apartment. On thanksgiving morning nick and haile left around 11 00 a. M. And then they said they were going to go to my mom and dads house. T the plan was to meet later at grandmas house. But nick and haile never showed up. Kimberly and rachel tried calling them. Is it strange for nick to not answer his phone . Absolutely. Even if i would have called over and over again he would have answered and been like what do you want . Strange for haile not to answer the phone . Extremely. Or she would have never not answered my phone call. Adding to their worry was the weather. It had started snowing. So im thinking, okay, the weather. Maybe he got stranded somewhere. And i was hoping that he was just bearing it up and staying overnight. And id try in a safe place . Yeah, in a safe place. Were you worried about a car accident . I was. Very worried. Sure enough, on friday morning there was frightening news. We heard about a car accident that had a red car and we thought r it was him right away. And so we went and looked and it ended up being car pieces for a different car. And so when that wasnt him either we started to get extremely worried. We drove up and down the back roads. Up and down the highways. Anywhere i could think of. Through town. Anywhere. Rachel posted messages on facebook, has anyone heard from haile or nick . Still nothing. By friday afternoon, they were out of their minds with worry. We called and called and called. No answers, no nothing. We kept getting the voice mails. And i was like nick, this is getting serious. We i started crying on one of them and i was like you better not be making fun of me. This better not be a joke. Yeah. Before the day was over, the family would find out this was no joke. Something terrible had happened to nick and haile. But it wasnt a car crash or an accident. It was something no one in little falls could have seen coming. I tried to be a good person. Across town Police Gather at a crime scene and concerned neighbors fear the worst. Coming up just worry and panic. Its like somethings wrong. Someone else had also met with trouble that thanksgiving day. The deadly kind. When dateline continues. Ues. I . Muscle pain. Give up, the couch is calling. I say, its me, the couch, im calling. Pain says you cant. Advil says you can. Since pioneering the suv in 1935, the chevy suburban has carried many things. Nothing more important than family. Introducing the most versatile and advanced chevy suburban and tahoe ever. 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As authorities processed those reports, three other sheriffs deputies were over on elm street investigating something so troubling they later called in a crime scene van. That got the attention of john and cathy lang, who saw the van go straight towards the house of their good friend, byron smith, a 64yearold retired man living on his own. I was decorating the christmas tree. I saw a big, huge truck go down his road, called the bemidji crime scene unit. And i shouted for john, i think you were in the kitchen. And i said, call byrons cell. Something has happened. What did you worry, cathy, what did you think had happened . I thought he was dead. Cathy and john feared the worst for their friend, who had seemed out of sorts in recent months. Everything was fine when byron first moved back to his hometown of little falls about five years earlier, after a career that took him all over the world with the u. S. State department. He was talking about living in moscow and cairo and dakar. Its amazing. A worldly guy. Very much so. A great conversationalist, and fun to talk with. But recently, byron wasnt himself. His house had been broken into a few times, the thieves taking everything from money to family heirlooms. The langs say their friend whod mentored boy scouts and let their sons rock band jam in his garage had become afraid. He was acting real quiet, real scared. And then that crime scene van showed up outside byrons home and cathy was sure her friend was in trouble. Just worry and panic. Like somethings wrong. She was right. Something was wrong. Burglars had struck again. This time byron was home, and he had a gun. He had managed to defend himself, and survived the breakin. If you break into somebodys home, you better not have an expectation youre going to walk out alive, because the law permits them to shoot you. Michel wetzel was the Morrison County sheriff. Byron told his deputies he had been in his basement when two intruders broke into his house and crept downstairs. Byron shot both dead. Minnesota law is clear on this thing, you have the right to use deadly force against another person if you believe your life or the life of another is in immediate jeopardy. As investigators continued to secure the scene at byrons house, the Sheriffs Office was calling another family. Kimberly brady had been frantically trying to find her son nick and niece haile. Now investigators knew what had happened to them. They drove out to speak with kimberly, and they brought a chaplain. As soon as i saw them turn the corner, something i knew he was gone. I didnt know how or why. Then all of a sudden i remember the door opened and the chaplain came out. All i said was no. I dont remember if i said anything else. Hes like, your son is dead. Nick and haile were both dead. Kimberly fell to her knees, and then the chaplain told her it was no accident. Hes like, your son was shot. And i was like and then, i mean, shot . That just wasnt doesnt fit . I just remember feeling, i said what do you mean shot to death, when i could get something out. And they said, well, he was shot three times. I was like, shot, what do you mean shot three times . And that was the i couldnt function. I couldnt really hear after that. Were you there, rachel, during that . I walked in, and then my dad said that somebody somebody shot nickel baby. And i remember i went right outside and i sat in the snow. I just buried my head into my hands and i started to cry. And then he tapped me on the shoulder and told me, hailes gone, too. Thats your brother and your best friend. Do you remember what was racing through your head, rachel . Basically why . I guess we all just couldnt believe it was both at one time so suddenly. Even harder to absorb, how and where nick and haile were shot. They were the intruders byron smith killed. It was all very unbelievable. So what happened in that basement on elm street . The answer to that would lead to a heated debate. How far is too far when it comes to defending your home. When do you cross the line between victim and criminal . Coming up, a grainy image captures a clue. Is that nick . You see him on different cameras, different angles, Walking Around the house. Is that haile . When dateline continues. The story of what happened on elm street spread quickly around little falls, minnesota. That two teenagers had broken into byron smiths house, leaving the terrified homeowner no choice but to shoot them in selfdefense. His friends and neighbors, john and cathy lang, had no trouble believing it. What was scary, it was very personal to him, because they were really attacking his home. But the family of those intruders, they were in shock. I didnt believe it. I thought it was completely not right or untrue. Teenage cousins nick brady and haile kifer had gone missing the day before, thanksgiving. Now as she learned the circumstances of her sons death, nicks mother had so many questions. How do you reconcile in your head your beautiful boy, who loves the outdoors, and what theyre telling you, that he broke into somebodys house . I just couldnt imagine it. It just was so not him. You just couldnt reconcile it . Quayeah. I had a lot of trouble. Kimberly had never heard the name byron smith. But rachel had. I knew that my brother had worked for him in the summer, but i didnt know him at all. Nick had once done yard work at byron smiths house. Now the sheriff had evidence of what he was doing there again. Byron had set up surveillance cameras at his home, frightened after a string of breakins. Those cameras prove there was no mistake about the breakin. Much just after 12 30 the cameras pick up a man approaching the house. The hooded figure is nick. He looks through several windows as if checking to see if someones home. He clutches his hood closely, concealing his face. Jeremy lubertz is an investigative sergeant with the Morrison CountySheriffs Department. You could see that there had been what appeared to be a little bit of casing done on Nicholas Bradys part. He even heads towards one of the cameras and tries to dismantle it. Then he walks out of camera range, shatters a window and enters the house. Minutes later the camera shows another hooded figure, this one carrying a purse and a cell phone. Its haile. On the video it shows that the female had come walking up through the yard up toward the house. All on tape, clear as daylight. But why . What were nick and haile up to that day . They both went to my school at one time. Dylan lang is the son of byrons friends, john and cathy. In little falls you have the regular high school crowds like the jocks and the goth kids. Then you have a group that is misguided. Dylan didnt know haile well but says at school nick was no angel. What did you know about those two teenagers . I knew that nick was aggressive. He would be the kid who would push you up against the locker and kind of a bully . Right. He was a bully. And as it turned out, a thief. After the shootings, authorities determined that nick had been behind one of those previous burglaries at byrons house. Just a month earlier he and a friend broke through this door and stole thousands of dollars in cash and priceless family heirlooms. And more disturbingly, two guns. They took things that were really important to him personally. Yes. And when they took the guns, he thought he was going to get shot by his own guns. He was extremely afraid. To sergeant lubertz it all looked like a classic case of troublemaking kids crossing a line into dangerous criminal behavior. You have two teenagers that seemed to be running kind of rampant. You can obviously see that they had a change in their lives. And in fact, when investigators located nicks car, parked on a secluded road near byron smiths home, they found items stolen from another house. Maybe it was the motivation of money and having material items. Maybe it was the motivation of having friends and wanting to please friends. The evidence appeared to all be there, clearly captured on that video, nick and haile had broken in and byron smith seemed to have every reason to be afraid. The impression that he kind of left on me was that he was living in fear. He was not sleeping. It was obviously bothering him physically and emotionally. At first even nicks mom, while she didnt want to believe much of what she was learning about her son, tried to imagine herself in byrons shoes. I dont believe that breaking and entering is right and i wouldnt have expected it out of my son. It looked like a tragedy all around. Two intruders and a fearful homeowner with no choice but to shoot them. We know you have a right to protect your home and to protect yourself. But a quick survey of the scene told sheriff wetzel that the teenagers were unarmed. As with any shooting, it would require more investigation. It would be ordinary with two people dead in a home that nobody is leaving until we figure out what happened. Beginning with one question, a pretty big one. Why in the world are we only hearing about the shooting of two people in a house a day later . It turns out deputies had rushed to byron smiths house friday afternoon, only to learn that the breakin and shootings happened thursday, on thanksgiving day. I asked him, why didnt you call Law Enforcement . And he tells me, i didnt want to bother you guys on thanksgiving day. That struck the sheriff as extremely odd. Nobody worries about wrecking our thanksgiving. They dont worry about wrecking our day. So the intruders had been dead for 24 hours when byron called a neighbor for help and asked him to call the Sheriffs Office. When you found out that byron smith waited 24 hours my mind was then, why . If he was so scared, wouldnt you be on the phone . I mean, because those kids had families too that were waiting. And then for him to say he didnt want to bother anybody on thanksgiving. Really . It became clearer and clearer and clearer that there were some things that were strange about this case. Investigators were about to learn a lot more about that shooting in the house on elm street, and what happened next would tear this town apart. Coming up i was no longer willing to live in fear. Byron smiths story, was it all adding up . When dateline continues. When we started carvana, they told us that selling cars 100 online wouldnt work. But we went to work. Building an experience that lets you shop over 17,000 cars from home. Creating a coast to Coast Network to deliver your car as soon as tomorrow. Recruiting an army of customer advocates to make your experience incredible. 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Because the size of your wallet shouldnt determine whether or not youre in jail. Vote yes on prop 25 to end money bail. Vote yes on prop 25 whosgovernor gavin newsom. The governor says prop 15 is, fair, phasedin, and long overdue reform, that will exempt Small Businesses and Residential Property owners. Join governor newsom. Vote yes on 15. Hello. Im dara brown. Heres whats happening. New York City Restaurants and bars are now allowed to add a covid19 recovery charge to the check. The new York City Council approved a fee of up to 10 of the total bill. The charge can apply to either indoor or Outdoor Dining but takeout and delivery orders are excluded. And a spokesperson for tiktok says it will ban content promoting qanon conspiracy theories. This follows facebooks recent announcement that it would remove qanon pages and instagram accounts. Now back to dateline. Welcome back to dateline. Im craig melvin. Was byron smith justified in killing two teenaged intruders . Nick brady and haile kifer were both unarmed when he shot them. Also troubling to police, the 64yearold wait a full day to call for help. Now smith was about to give detectives a chilling account of what happened in his basement. And it would turn this case on its head. Here again is kate snow with 12 minutes on elm street. Nick brady and haile kifer had broken into byron smiths house. The frightened homeowner said hed shot them in a moment of selfdefense. But investigators had questions for byron. So sergeant luberts escorted him down to headquarters right away that friday. Can you tell me your full name, please . Byron david smith. I just wanted his story. I wanted to find out the rest of the facts of what happened at the house. Whoever it was that was breaking into my home had been doing it for so long that i was no longer willing to live in fear. Byron explained how he had been terrified ever since that breakin a month earlier, when two of his guns were stolen. These are people who have stolen my guns. I figure theyre willing to use those if they steal guns. Byron wasnt home during the other breakins. But this time he was, as seen on this Home Security camera, he said he moved his truck a few blocks away that morning so he could clean his garage. The teens must have thought he wasnt there. I needed to clean out the garage and i wanted it out of the way for a while. Byron told him how he was in the basement when he heard the first intruder break in upstairs and head down toward him. You heard footsteps coming down the stairs. Is that correct . Yes. And then i saw his feet and then i saw his legs. And when i saw his hips, i shot. It was nick. Byron shot him three times. I was reacting. Okay. What were you reacting to is what im asking. The threat. The previous losses. I spent 20 years overseas. A couple years in bangkok, several years in cairo. 20 years overseas, not one problem. And i retire to my peaceful hometown. While byrons voice broke a few times during his account of the shooting sergeant luberts was surprised how calm and matter of fact he was for most of the interview. You would think after such a horrific event, shooting and killing two people that broke into your house, that you would be very emotional, maybe crying at times. I didnt notice any of that from byron smith. He just maintained his composure, which was rather odd. Much stranger still, the investigator thought, was byrons account of what happened a few minutes after he shot nick. Haile entered the house and byron fired again. It jammed. The trigger clicked and she laughed at me. I just pulled out the. 22 and shot her. If youre trying to shoot somebody and they laugh at you, you go again. Was haile really laughing as he shot her . To the sergeant it seemed like such a bizarre detail. And then byron told them this. I thought she was dead and it turned out she wasnt. So i did a good clean finishing shot. He shot haile six times in all. And with that, the investigators came to believe this was something other than a simple case of selfdefense. My question, byron, is why did you shoot again . She didnt have a weapon in her hand. She wasnt actually, i dont know if she had a weapon in her hand until later. I wasnt looking at her hands. But she was laying there, hurt. Did she she wasnt threatening you. Im just asking i dont know if she was threatening me. There was certainly a continuation of the use of deadly force after it appeared to us the threat had stopped. And that made us believe that this needs to be looked at by the prosecuting attorney. Byron smith was arrested that day, but later released on bond. A grand jury was convened to look at the case. In little falls his friends were shocked that authorities could believe byron was anything but an innocent victim. It was ridiculous. That he would be this coldblooded killer . Like really . Hes a quiet, softspoken person. I just didnt fathom it. While byron was free on bond, his friends the langs say he couldnt bear to go back to his own home. So they took him in. I could hear him in his room many, many nights, im so sorry, i feel so bad, i didnt want to hurt anybody. I could hear him in there crying. The case quickly became a big controversy in little falls, minnesota. Did people take sides . Absolutely. People became more opinionated about what happened. Some people would come up to me, hes going to prison, he shouldnt have done that. I said, well, you havent heard the whole story. I think that byrons got a lot of support in this area. Bill anderson was byrons neighbor. The same one who called authorities the day after the shootings. Myself, would i have done the same thing that mr. Smith did . No doubt in my mind. No doubt in my mind. It seemed like a big box of puzzle pieces. Prosecutors pete or twood and brett ortner were in charge of evaluating the case against byron, and they knew it was controversial from the start. When brent and i got involved in it, the emails started, the phone calls, castigating us for taking this. After all, doesnt a homeowner have a right to defend his dwelling . You know, i didnt argue with people. I just said, well, just stay open and let the evidence come out and then lets see if you hold that same view. After looking at all the evidence, the prosecutors believed there was a strong case. The moment nick broke the window and entered into that house, didnt byron smith then have the right to defend himself . Yes. Yes, he did. But thats not what he did. He went way, way beyond defending himself. That grand jury in minnesota agreed. In april of 2013, five months after the shootings, byron smith was indicted on two counts of firstdegree murder. Now there would be a trial in the case everyone in town was talking about with revelations from both sides. Coming up murder or selfdefense . Why did he wait so long before calling authorities . Fear. The explosive debate heads into court. When dateline continues. Not actors, whove got their eczema under control. With less eczema, you can show more skin. So roll up those sleeves. And help heal your skin from within with dupixent. Dupixent is the first treatment of its kind that continuously treats moderatetosevere eczema, or atopic dermatitis, even between flare ups. Dupixent is a biologic, and not a cream or steroid. Many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. Dont use if youre allergic to dupixent. Serious allergic reactions can occur, including anaphylaxis, which is severe. Tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. 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On one bank stood those who saw byron as a coldblooded killer who fired nine shots at two unarmed teenagers. When youre talking about multiple shots, down on the ground, right away it jumps out at you, you know, hey, this is premeditated murder. On the other bank were those who viewed smith as a man with every right to defend himself and his home against intruders. They werent invited for thanksgiving dinner. There wasnt a table set for them. They didnt come through the door. But they certainly found a window to come in. But nicks mother, Kimberly Brady, was determined even through her own grief not to make up her mind until shed heard all the facts. I kept an open mind, because if he was fearful for his life i couldnt fault him for defending himself. I waited until i heard all the evidence. The evidence, said byron smiths defense attorney steve meshbesher, would show his client had done nothing wrong. This is a case about big misunderstanding. This is about byron smith being accused of a crime he did not commit. Did you believe that byron smith was justified in shooting nick brady and haile kifer . Yes. Its not something he wanted to do. But he didnt ask them to burglarize his home in a violent way on thanksgiving. They chose to do that. And he reacted. So the defense came to court confident a jury would see it that way. In minnesota, as i understand it, you have the right to protect your life. You have the right to protect your home, your property, as long as its reasonable. If somebody breaks into your home and commits a felony offense in your home, you can kill that threat. Meshbesher said that everything byron did that thanksgiving day and the next was evidence that he was truly terrified inside his own home. Why did he wait so long before calling authorities . Fear. He was afraid there was a third or fourth or fifth person. So he was afraid of the backyard, the front yard, the stairway, the door. Hes just in utter fear and he goes in a closet and hides in his own house until the fear subsides. As for smiths calm demeanor and the matter of fact way in which he described the killings i just pulled out the. 22 and shot her. The defense said he was just a man trying to help the authorities any way he could. On the exterior he appears to be calm, but hes talking about how frightened he is internally. Hes trying to explain to the police what happened. Hes trying to help them solve what occurred. But would the defense be able to convince the jury that byron smiths own account of the shootings, how he gave haile a selfdescribed finishing shot, was really justified . I did a good, clean finishing shot. From a human standpoint, it just sounds so coldblooded. It does, and i had to deal with the way it sounded. But its not evidence of what hes thinking. Its evidence of emotion. Its not evidence of murder. Meshbesher thought his strongest evidence to justify the shootings was the fact that nick brady had broken into byron smiths house before, had even stolen guns. So byron had every reason to fear for his life. You wanted to show them these are kids up to go good. No, thats not what i wanted to do. I wanted the jury to see the truth, rather than just see a painted picture that the media was playing of their high school photographs. But the judge said testimony about nicks involvement in that previous breakin was irrelevant and inadmissible. Meshbesher also couldnt say in court that there was evidence that nick and haile together had robbed another house, too. Unfortunately, the judge would not allow that evidence to come in. And i thought he was making a grave error. How many witnesses did you have lined up who werent allowed to speak . About half a dozen. So byron smiths friends watching in court could only hope that the jury would see things as they did, that he was a scared man who defended his life and property. We know him as our friend byron. So it was ridiculous to us for authorities calling him a coldblooded killer. It would be an uphill battle in the court of public opinion, thought prosecutors. They knew they had the burden of proof. Ive tried a lot of murder cases, and this one in particular seemed like a real challenge. Why . Because a lot of people thought wed lose it. A lot of people saw this as a referendum on whether its okay to protect your property and protect your life. You dont see it that way . Not this case, not these facts. But to prove murder in the first degree, the state would have to show that byron acted not just with excessive, unreasonable force, but also with premeditation. And while the defense may have had a lot of townspeople on its side, the prosecution had something else. A piece of evidence they felt would sway any juror to see byron smith not as a fearful victim but as a calculating killer. Did byron tell investigators that he had made audiotapes . No, he did not. Coming up youre dead. The revelation that stopped everyone cold. Can you ever erase that from your memory . Not ever. When dateline continues. Introducing voltaren arthritis pain gel. The first full prescription strength nonsteroidal antiinflammatory gel. Available over the counter. Voltaren is powerful arthritis pain relief in a gel. Voltaren. The joy of movement. You know whats good about this . Your signs pointing at my sign, so people are gonna look at my sign. Switch to progressive and you can save hundreds. You know, like the sign says. The lack of control whenover my business kai, made me a little intense. But now quickbooks helps me get paid, manage cash flow, and run payroll. And now im back on top. With koala kai. Save over 30 hours a month with intuit quickbooks. Introducing the new sleep number 360 smart bed. Now temperature balancing so you can sleep better together. Save up to 1,000 on the new sleep number 360 smart bed and adjustable base. Plus, 0 interest for 48 months. Ends monday. Whosgovernor gavin newsom. The governor says prop 15 is, fair, phasedin, and long overdue reform, that will exempt Small Businesses and Residential Property owners. Join governor newsom. Vote yes on 15. Whos supkamala harris. 5 . Harris says, a Corporate Tax loophole has allowed billions to be drained from our Public Schools and local communities. No more. Im proud to support prop 15. Vote yes. Schools and communities first is responsible for the content of this ad. There are people who think byron smith is a hero. What do you say to them . I say hes a murderer. And murderers cant be heroes. In a sharply divided minnesota courtroom, the prosecution argued that byron smith was no fearful innocent victim, but an angry man bent on violent confrontation. He told investigators from the beginning that he was sitting reading a book in the basement, that he was caught unaware. You dont buy any of that . No. Not at all. The prosecutors said they had evidence that it was premeditated murder. They told the jury byron had set a trap for the burglars. Remember the story about moving his truck to clean the garage . The prosecutors said that was a lie. That byron had, in fact, moved the truck to make it look like he wasnt home. You think byron wanted to catch the people who had been breaking into his house . Clearly. He planned, he prepared, and he was determined to kill whoever was breaking into his house and stealing his property. The prosecution said byron was in the basement not to read a book, but to wait, like a hunter. It just seemed like byron smith was deer hunting. Like a lot of folks do in minnesota. Where you get in your stand and you wait and you wait and when a deer comes by you shoot and kill it. And it just seemed like thats what he did with these kids. But could they prove it . Turns out the prosecutors had something they had never encountered in nearly half a century of combined trial work. Do you remember when you first listened to it . I do. And it knocked me out. Ive never been able to hear a murder actually occurring. Byron smith had recorded the breakin and the shootings. Investigators found this Digital Audio recorder on a bookshelf in the basement. It captured more than six hours worth of audio that day. You ended up with a trove of information. His own words on tape. Indeed, we did. Here is byron smith shortly before the breakin, talking to himself. In your left eye. In your left eye. Why would he say that . A half hour before anyone came over. Well, when you go through the autopsy photographs, you see that he shot haile kifer in her left eye. He was planning where he was going to shoot an intruder . Not just shooting them but where, where in the face is he going to shoot them . Then it sounds like byron is planning not just the shooting, but also his defense. He practices contacting a lawyer. I realize i dont have an appointment, but i would like to see one of the lawyers here. Ten minutes later, the practicing is over. The recorder captures something real. How quickly did everything go down that day . 12 minutes. 12 minutes, from the first shot fired at nick brady to the ninth and final one fired at haile kifer. It was frightening. The prosecutors played all 12 minutes in court, but first warned nick and hailes families, who sat through every day of the trial, that they may not want to hear it. He actually suggested you probably shouldnt be there that day. He did, more than once. Why did you want to be there . I needed to know. You need to hear the whole story to understand it, i think, in this case. You cant just make a snap judgment. [ glass shattering ] this is the sound of nick entering the home. [ footsteps ] walking down the stairs to the basement. And as hes going down the stairs, you can hear him get shot. We wont play that part of the recording. But listen to what byron says after shooting nick three times. Youre dead. Then theres a rustling sound that the prosecution says is byron unfolding a tarp that he uses to move nicks body. You can then hear byron reload his gun. Ten minutes go by, then the recording picks up a whisper. Nick . Its haile coming into the house looking for her cousin. So she comes in and goes right to the basement, starts walking down, and thats when he shoots her. Here on the recording is what the prosecution says is a pivotal moment. In his interview with investigators, byron had said he felt threatened by haile, and that she had been laughing at him when he fired. She laughed at me. But on that audio recording of the shooting, which again we have edited, the prosecution says haile clearly sounds terrified. Oh, my god. Shes screaming in a high pitch, saying oh, my god, oh, my god. And after shes done shooting, this is what byron says. Bitch those in court saw byron smith wipe away tears as the audio played. There was stunned silence, save for the quiet sobs from nick and hailes families. Can you ever erase that from your memory . Not ever. Ever since i heard it, its been replaying in my head over and over. I feel like anytime i hear somebody say oh, my god, thats what i think of. But the prosecution wasnt done with that recording. Im sure she thought she was a real pro. Because byron continued to talk to himself after the teens were dead. I felt like i was cleaning up a mess. I dont see them as human. I see them as vermin. By now kimberly had heard all the facts she needed. What do you hear when you hear those words . Pure evil. I dont know how you can say that. About anybody. Two precious kids. And i dont believe he was scared. I believe it was premeditated murder. But in court the defense said that recording, as disturbing as it is, proves no such thing. I tried to be a good person. Rather it shows a man quite possibly driven mad with fear. I feel a little bit safer. Im totally safe. Im still shaking a bit. Hes talking to himself, mumbling things. A lot of things didnt make sense. He sounds frankly like someone whos maybe losing his mind, someone whos or lost their mind. He simply had no ability to deal with reality at that time. After a week of testimony, the case went to the jury. It was anyones guess which portrait of byron smith those 12 people would believe, the coldblooded killer lying in wait or the terrified man under siege in his own home. What were you thinking as the jury went out to deliberate . I gave it all to god. I was pretty peaceful. Just put your faith in him . I did. And waited . And waited. It wasnt a long wait. The jury was back in less than four hours. The verdict guilty of first degree murder for killing both nick brady and haile kifer. I waited, i heard, then i believed, and then it was said. I was very happy to see him taken away. But there was no winners. It doesnt give you your brother and your best friend back. Exactly. I put my head in my hands and went, thank god for them. You know, that they got that. The families . Yes. But byrons supporters felt the opposite of relief. Shocked. Stunned. It was such a onesided trial. It was so unfair. Cathy said theres so much more to her friend the jury never learned. He just came here to retire and wanted a quiet life. This should have never happened. This is just pure, utter sadness. It was just 12 minutes that changed so many lives in so many tragic ways. Byron smith will live out his retirement in prison, having received an automatic life sentence. And nick brady and haile kifer, two young cousins who made a terrible decision to enter that home, paid for it with their lives. And their loved ones are left to mourn a future that will never be. You had a little baby girl not too long ago, and nick and haile werent here to see that. I think thats probably one of the hardest parts about all of it. I would have loved to see my brother hold her. He would have been uncle nick. Uncle nickel baby. Thats all for this edition of dateline. Im craig melvin. Thank you for watching. Im craig melvin. And im natalie morales. And this is dateline. Hello. 911. I think theres a body out here. Please send somebody, hurry they had the body of a young woman who matched the description of reagan. And i just kept saying, that has to be wrong. Reporter who would want to hurt reagan . Investigators would start with those closest to her. Is your gut telling you this is someone you knew . We were figurin that it was probably somebody that she knew, an ex boyfriend or a current boyfriend