ID - Kenneth and Kenna Guardipee, Devin and Aiken Smith, all fatally shot by neighbor, Kellogg, June 2023

[arielilane]

Wow, what a horrible situation. So the murdered teen was in his bedroom by himself and was seen touching himself, allegedly, and this is the result?! How did he hurt the alleged perp’s family at all? Why would they need protecting from that?
Just gutting.

Hi, @Marysmith, thought I'd link a few key paragraphs from linked article to better explain what allegedly transpired. I had to read it a few times.

[...] Majorjon Kaylor, 31, of Kellogg, was arrested Sunday night shortly after the shooting in the small mining community. Shoshone County Sheriff Holly Lindsey confirmed to CBS News that Kaylor was charged with murder and was being held in Shoshone County jail.

[...] A few days before the shootings, Kaylor's wife Kaylie posted on Facebook saying that 18-year-old Devin Smith was standing in front of his bedroom window, masturbating in view of her and their young daughters who were playing outside. Smith's family lived in the bottom unit of the duplex, and Kaylor's family lived in the top unit.

[...] On the evening of June 18, around 6:00 p.m. Kaylor put on a holstered gun before going out to water the plants in the apartment's shared backyard, the criminal complaint said. Police obtained video surveillance that captured the altercation and gunshots, the court documents said.

[...] Kaylor's wife Kaylie said she heard shots and saw Kenna Guardipee fall to the ground, then saw Kenneth Guardipee fall to the ground, court documents said. All four victims were shot point blank or near point blank in the head, except for Devin Smith who was shot multiple times at close range, court documents said.

"Horrific" details emerge after Idaho dad accused of killing 4 neighbors, including 2 teens

Majorjon Kaylor, 31, was arrested in the killings of Kenneth Guardipee, 65; his daughter Kenna Guardipee, 41; and her sons 18-year-old Devin Smith and 16-year-old Aiken Smith.

www.cbsnews.com

UPDATED ON: JUNE 21, 2023

 

[tlcya]

not guilty. pffft. He shot an entire family. In broad daylight.

He claims he "lost it" and "snapped" while conveniently armed with his gun and holster that he just happened to have put on before confronting the family. GMAFB

 

[North_Idaho_Nony]

For those following the heinous slaughter of three generations of a family, it is with fury I share that the Defense for Majorjon Kaylor (the guy with the ‘Savage’ face tattoo) filed two new documents today seeking to have the first degree murder charges dismissed for the slaughter of unarmed mom Kenna & grandpa Kenneth Guardipee.

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/101123-Motion-to-Dismiss-Counts.pdf

https://s3.us-west-2.amazonaws.com/...um-in-Support-of-Motion-to-Dismiss-Counts.pdf

No word yet on when the requested hearing will be scheduled.

All available court documents can be found at this link:
Idaho Judicial Cases of Interest

 

[MrsWatson]

Thank you for those docs, @North_Idaho_Nony .

Infuriating that he thinks the court should just dismiss the charges. Premeditation only takes moments. I hope the prosecution slaps this down.

moo

 

[Puzzleworth]

Thank you for those docs, @North_Idaho_Nony .

Infuriating that he thinks the court should just dismiss the charges. Premeditation only takes moments. I hope the prosecution slaps this down.

moo

For clarity: these appeals are just a normal part of the legal process. They are done on behalf of MK by his lawyer, who is arguing that the specific charge of first-degree murder is the wrong one to bring, not necessarily that MK didn't kill anyone.

In Idaho, first-degree murder is killing someone in one of a few specific circumstances or methods, including killing with premeditation. Deliberately killing someone without those is second-degree murder. MK's lawyer argues that the prosecution has not shown evidence that the killing of the Guardipee-Smith family was premeditated, and therefore MK is being charged with the wrong level of murder. Therefore they are asking the court to dismiss the first-degree murder charges.

I'm not a lawyer, but I think dismissing the charges this early might mean the case could be re-filed with the proper ones instead of completely dismissed (think what happened to Casey Anthony) or else maybe the prosecution could agree to lower it to second-degree murder without having to re-file.

 

[MrsWatson]

I'm not a lawyer, but I think dismissing the charges this early might mean the case could be re-filed with the proper ones instead of completely dismissed (think what happened to Casey Anthony) or else maybe the prosecution could agree to lower it to second-degree murder without having to re-file.

Why would the prosecutor want to lower the charges? He could possibly credibly claim he snapped if he only murdered one person, but he killed the whole family.

 

[Rolypolyoly]

Why would the prosecutor want to lower the charges? He could possibly credibly claim he snapped if he only murdered one person, but he killed the whole family.

And he deliberately picked up his gun before he went over there to confront them!

 

[North_Idaho_Nony]

For clarity: these appeals are just a normal part of the legal process. They are done on behalf of MK by his lawyer, who is arguing that the specific charge of first-degree murder is the wrong one to bring, not necessarily that MK didn't kill anyone.

In Idaho, first-degree murder is killing someone in one of a few specific circumstances or methods, including killing with premeditation. Deliberately killing someone without those is second-degree murder. MK's lawyer argues that the prosecution has not shown evidence that the killing of the Guardipee-Smith family was premeditated, and therefore MK is being charged with the wrong level of murder. Therefore they are asking the court to dismiss the first-degree murder charges.

I'm not a lawyer, but I think dismissing the charges this early might mean the case could be re-filed with the proper ones instead of completely dismissed (think what happened to Casey Anthony) or else maybe the prosecution could agree to lower it to second-degree murder without having to re-file.

For clarity, also: IANAL, either, but this is a motion, not an appeal. And an outrageous one at that, MOO.

Yes, the defense has a job to do & filing motions, even nonsense ones, is part of the process -- you'd be hard pressed to find anyone more supportive of a vigorous defense than me.

I do, however, take some offense at victim-blaming that has not been legally substantiated, MOO, particularly when the defense has already received the greatest gift of all: the DP wasn't on the table as it should have been, MOO.

It's a darn shame, MOO, when full justice for the victims in a horrific three generation mass murder, including a minor child, isn't pursued in part, due to the financial expense to the State, MOO.

Still hoping the Savage mass murderer finds his moral compass & instructs his Defense to get busy on a plea. Accepting responsibility for his actions would go a long way towards helping those hurt begin to heal, MOO.

 

[North_Idaho_Nony]

Majorjon Kaylor’s Defense has requested a motion hearing be scheduled for 1 PM on 11/6/2023:
https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/101123-Notice-of-Hearing.pdf

All available court documents can be found here:
Idaho Judicial Cases of Interest

 

[tlcya]

For those following the heinous slaughter of three generations of a family, it is with fury I share that the Defense for Majorjon Kaylor (the guy with the ‘Savage’ face tattoo) filed two new documents today seeking to have the first degree murder charges dismissed for the slaughter of unarmed mom Kenna & grandpa Kenneth Guardipee.

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/101123-Motion-to-Dismiss-Counts.pdf

https://s3.us-west-2.amazonaws.com/...um-in-Support-of-Motion-to-Dismiss-Counts.pdf

No word yet on when the requested hearing will be scheduled.

All available court documents can be found at this link:
Idaho Judicial Cases of Interest

re Mot to Dismiss Counts I and II - TO EXECUTE VENGEANCE.

That is exactly what Majorjon did that day. And his wife was the one who triggered his need for vengeance MOO. She went on social media to vilify the family placing Majorjon in the position of now feeling a need to publicly "protect" his family by murdering four people even as LE was investigating their report of the alleged offense committed by Devin.

I am confused as to why they are only attempting to dismiss counts I and II and not count III (the count that refers to his cold blooded murder of A.S. - the minor brother)? Is the premise then that he indeed intended to exact vengeance upon Devin and his little brother A? Or was he not sure which teen was Devin and so exacted vengeance upon both to be sure but the parents were just "collateral damage"? - oopsy - only meant to kill the kids?

It's insulting and I am livid. I realize everyone deserves a defense, but man . .

 

[Rolypolyoly]

re Mot to Dismiss Counts I and II - TO EXECUTE VENGEANCE.

That is exactly what Majorjon did that day. And his wife was the one who triggered his need for vengeance MOO. She went on social media to vilify the family placing Majorjon in the position of now feeling a need to publicly "protect" his family by murdering four people even as LE was investigating their report of the alleged offense committed by Devin.

I am confused as to why they are only attempting to dismiss counts I and II and not count III (the count that refers to his cold blooded murder of A.S. - the minor brother)? Is the premise then that he indeed intended to exact vengeance upon Devin and his little brother A? Or was he not sure which teen was Devin and so exacted vengeance upon both to be sure but the parents were just "collateral damage"? - oopsy - only meant to kill the kids?

It's insulting and I am livid. I realize everyone deserves a defense, but man . .

Everyone is entitled to a defence for sure, sometimes I'm not sure some deserve one!.

 

[Puzzleworth]

Why would the prosecutor want to lower the charges? He could possibly credibly claim he snapped if he only murdered one person, but he killed the whole family.

That's what the defense is asking the prosecution to prove, even though it seems obvious. Think of it like this: the defense lawyer is doing everything possible to make sure that their client won't be freed due to a mistrial or violation of rights.

Everyone is entitled to a defence for sure, sometimes I'm not sure some deserve one!

Isn't that the truth!

 

[North_Idaho_Nony]

There have been some additional court documents uploaded in the last few days worth reading, deep sigh & MOO:

• 10/20/2023 Defense Motion to Suppress Evidence
• 10/20/2023 Defense Memorandum in Support of Motion to Suppress Evidence
• 10/20/2023 Defense Notice of Assertion of Privilege
• 10/24/2023 State Amended Notice of Compliance

It looks like the hearing on the Defense’s motion to drop two of the four first degree murder charges is still scheduled for 1PM on 11/6/2023.

All available court documents can be accessed at the following link:
Idaho Judicial Cases of Interest

 

[North_Idaho_Nony]

Uploaded today is a Defense Notice of Hearing at 2 PM on 11/8/2023 for their Motion to Suppress Evidence.

It appears the hearing on the Defense’s motion to drop two of the four first degree murder charges is still scheduled for 1PM on 11/6/2023.

All available court documents can be accessed at the following link:
Idaho Judicial Cases of Interest

 

[arielilane]

A man who claims police failed to read him his Miranda rights after he allegedly “snapped” and massacred four of his neighbors wants a court in Idaho to suppress an alleged confession he made immediately after the quadruple homicides.

In a 13-page motion, Majorjon Allen Kaylor, 31, has asked a court to suppress statements he made to a Shoshone County police sergeant as well as a detective who first responded to the grisly June murders in Kellogg, Idaho.

More at link...

Suspect says cops didn't read Miranda rights before he confessed to killing 4 neighbors

Ahead of his trial next year for the murder of four neighbors, including a child, Majorjon Kaylor asked a court to toss an alleged confession to police in June.

lawandcrime.com

Oct 26th, 2023, 12:57 pm

 

[tlcya]

the motion is well written and while I wish it wasn't so, the defendant's statements to LE should NOT be allowed. Quite frankly, I get what the LEO was trying to do, but he knew better, and did it anyway. He was hoping for a confession.

Only problem is, Confessions are useless without proper Mirandization. There is enough evidence to convict Kaylor without his statements.

 

[North_Idaho_Nony]

the motion is well written and while I wish it wasn't so, the defendant's statements to LE should NOT be allowed. Quite frankly, I get what the LEO was trying to do, but he knew better, and did it anyway. He was hoping for a confession.

Only problem is, Confessions are useless without proper Mirandization. There is enough evidence to convict Kaylor without his statements.

Just a reminder: the Motion is just one presentation. The State will have an opportunity to address the allegations in the Motion at the scheduled Hearing, and the Judge will make a decision.

Until then, the Motion is just a Motion, MOO.

 

[MyBelle]

Just a reminder: the Motion is just one presentation. The State will have an opportunity to address the allegations in the Motion at the scheduled Hearing, and the Judge will make a decision.

Until then, the Motion is just a Motion, MOO.

I believe the Motion will fail because Kaylor wasn't in police custody when he confessed.

JMO

 

[pukasonqo2]

This *censored* didn't even let LE and the Justice System do their job.
No, he was judge, jury, and executioner for this whole family.

Now he can strut his stuff telling himself he is a MAN
I don’t know if the teen masturbating in front of his daughters (his version) was intentional or not but the incident was reported and the police promptly attended but obviously it wasn’t enough for our hero
He didn’t have to do anything but wait for the outcome of the complaint
Of course like the brave soul he is he will fight tooth and nail to avoid the consequences of his actions
Days like this I am happy I live in Australia

 

[MyBelle]

Now he can strut his stuff telling himself he is a MAN
I don’t know if the teen masturbating in front of his daughters (his version) was intentional or not but the incident was reported and the police promptly attended but obviously it wasn’t enough for our hero
He didn’t have to do anything but wait for the outcome of the complaint
Of course like the brave soul he is he will fight tooth and nail to avoid the consequences of his actions
Days like this I am happy I live in Australia

Many days I wish I lived in Australia! Beautiful place!

Rest assured, this freak is not going to get away with his heinous, pre-meditated slaughter of a family.

According to one of the links upthread, the teen was masturbating in front of his bedroom window and was seen by the shooter's wife and children. My questions: why was the shooter's wife looking in the teen's window and why didn't she block the children's view?

JMO