Imprisoned by Fear. Kathy Lange
Imprisoned by Fear
A true, tragic story of teens, drugs, burglaries and a homeowner?s fear of death by his own guns
Kathy Lange
Copyright © 2020 Kathy Lange
All rights reserved
First Edition
Fulton Books, Inc.
Meadville, PA
Published by Fulton Books 2020
This is a work of fact with references noted within the document and as listed. Some names have been purposefully omitted at author’s discretion, but incidents that occurred are true to the author and names mentioned herein are of public record. Some events that bear any resemblance to other actual persons, living or dead, or events is purely coincidental.
ISBN 978-1-64654-315-1 (paperback)
ISBN 978-1-64654-316-8 (digital)
Printed in the United States of America
Table of Contents
The Minnesota Supreme Court Hearing
Endorsements
Beneath the fabric of these extraordinary events, the thoughtful reader will ponder the deeper meaning of the right to defend one’s life and property, and the tragedy emerging from two teens trapped between drug abuse and risking their lives without fear of consequences. Kathy tells a very personal, authentic narrative showcasing the ripple effects of drug abuse and how Byron Smith, an honored Vietnam vet, felt alone in constant fear of home invasions bursting out of control. —J. Chandler, Research Professor, Krasnow Institute for Advanced Study
As a Navy Veteran I feel that Byron Smith was a victim of young people taking advantage of his generosity and his interest in being a mentor for them. How would you react to the fear of someone invading the privacy of your home time and time again. Even worse,your feeling of being abandoned by the very system of why we served our country. We have always been told to “Defend our Castle!” —Bill Osberg, Little Falls, MN
My family knew Byron from spending Thanksgivings together. He is a friendly, quiet person. My sister tells this story with all her sincerity and heartfelt sadness in a tragic outcome for everyone. —Cheryl, sister to Kathy Lange.
Once I started reading, I couldn’t put this book down. My emotions were so strong, because it was not only my sister’s family dealing with all this, but because Byron never got a break with the justice system. So very frustrating! —Diane, sister to Kathy Lange
Dedications
To my Mom and my sisters, Cheryl, Lynne, Diane, Kari, Staci and brothers, Gary and Dan. You are the best family a girl could have!
To my children, Greg, Laura, love you to the moon and back!
To John who never stopped defending his friend even through all the challenges.
To Beth, your strong will and advice has created a new and lasting friendship. I can’t thank you enough.
To my son, Dilan, your kindness and caring for others is like no other, but most of all words cannot describe your selfless decision to invite our neighbor into our home without a second’s hesitation. You set the best example for true humanity.
To my dearest friend, Claudia, for giving me courage, strength and empowerment. I will be forever grateful.
And to Byron, you have more community support than you know. Never lose hope.
When we are at our best…when we guide each other toward redemption, that is the best of humanity. —Joaquin Phoenix, accepting his Oscar for Best Actor on February 9, 2020.
A true, tragic story of teens, drugs, burglaries, and a homeowner’s fear of death by his own guns.
Byron Smith is a retired State Department employee and Vietnam veteran who came back to his hometown of Little Falls, Minnesota, for an early retirement and to take care of his elderly mother. After his mother passed, he wanted to remain in the home his father built, enjoying the solitude of his thirteen acres along the banks of the Mississippi River. For two years, he led a comfortable, quiet life, taking occasional trips out of state to mentor with various Boy Scout troops. On November 22, 2012, Thanksgiving Day, two teens broke into his home by shattering his bedroom window with a metal pipe. It was the sixth time in five months that his home had been burglarized. He shot and killed both teens as they descended his basement stairs. Even though they were in the commission of a felony and guns had been stolen from previous burglaries, he was arrested the next day and charged with second-degree murder. As evidence was gathered, one of the teens involved in previous break-ins was a kid that Byron Smith had wanted to help by teaching and offering him yard work and the opportunity to take him deer hunting. The Morrison County prosecutor’s office labeled his actions as cold-blooded and the local sheriff called him an executioner. Byron Smith, who served his country in the Air Force and continued to work for the United States for another sixteen years, went unsupported by the United States State Department, his own county government, including judge and jury and the sheriff’s department. Was the fear of exposing a multitude of criminal activities from high school students the decision that led the judge to not allow any testimony at trial from them? Was Sheriff Wetzel’s fear of publicly exposing no investigation into Smith’s burglaries the decision that turned Byron Smith into a murderer instead of the victim? After all, was it Byron’s responsibility to “save” the kids instead of himself? Minnesota statute 609.065 states that the taking of a life is justified if that person is in the commission of a felony in one’s abode. Certainly the two intruders on Thanksgiving were there to steal before they attended dinner with their families. Were they stealing for the mere thrill of it or to buy drugs? After all, prescription pill bottles from a previous home invasion were found in Nick Brady’s car. As a nation, the opioid epidemic causes a new set of problems not only medically, but drug-related crimes increase across many