Prosecutors to seek death penalty in Idaho college murders
Fox News correspondent Matt Finn reports the defense team is asking the state to share the evidence given to the grand jury that indicted Bryan Kohberger.
Shoshone County prosecutors in Idaho say they won't seek the death penalty against a 31-year-old father charged with gunning down his neighbors' family after a teen in the household allegedly exposed himself to his daughters.
Majorjon Kaylor of Kellogg faces four counts of first-degree murder and a felony burglary charge after police say he told them he "snapped" in an escalating argument with the family next door on Father's Day.
"In the event the Defendant in the above-captioned case is adjudicated guilty, whether by acceptance of a plea of guilty as charged to Murder in the First Degree, by verdict of guilty, or by decision of the trial court sitting without a jury, of [counts 1 through 4] of the complaint filed in the above-captioned case, the State of Idaho will not seek a sentence of death, but will reserve the right to seek any other sentence allowable under Idaho law other than death," Shoshone County Prosecuting Attorney Benjamin Allen wrote in a court filing.
Police say there were issues between Kaylor and his newly moved-in neighbors since two weeks ago, when Devin Smith, 18, allegedly exposed himself to Kaylor's wife and daughters through a window.
Majorjon Kaylor, 31, right, sits next to defense attorney Lisa Chesebro in a Wallace, Idaho, courtroom on June 20, 2023, during his first appearance on four murder charges. Prosecutors say Kaylor shot his neighbors. (Josh McDonald/Shoshone News-Press via AP)
Violence erupted on Father's Day when Kaylor allegedly gunned down Kenna Guardipee, 41, and her father, Kenneth, 65, on their back porch, killing each with a .45-caliber gunshot wound to the right temple.
They were Smith's mother and grandfather.
Detectives found Smith dead on his knees in a bedroom with gunshot wounds to the head.
KELLOGG SHOOTING ON FATHER'S DAY LEAVES 4 DEAD, SUSPECT ARRESTED
In between the kitchen and living room, they also found a 16-year-old boy, whose name was redacted from the court documents because he was a juvenile, with a point-blank gunshot wound in his right temple. His name has been released separately.
A 31-year-old man who lived in the upstairs unit of this duplex in Kellogg, Idaho, has been charged with four counts of murder after prosecutors said he shot and killed the family that lived in the downstairs unit on June 18, 2023. (Josh McDonald/Shoshone News-Press via AP)
"KAYLOR stated he was suspicious and concerned for his children as one of the victims (Devin Smith) had been acting suspicious, watching his kids, and conducted acts of nudity in front of his children," reads an affidavit obtained by Fox News Digital. "KAYLOR referred to Devin Smith as a pedophile."
He confronted the Guardipees with his concerns about Smith, and according to court documents, he felt they were not taking the situation seriously.
The left image shows victims Kenneth Guardipee, Devin Smith, Kenna Guardipee and a juvenile whose name was redacted in court documents; the right image shows suspected killer and neighbor Majorjon Kaylor in court. (Kenna Guardipee/Facebook | Josh McDonald/Shoshone News-Press via AP)
"KAYLOR said he 'snapped,' ‘lost it,’ and ‘did something about it,'" the affidavit reads. "KAYLOR then indicated he wanted an attorney, and the interview concluded."
The Guardipees had recently moved in next to the Kaylors, according to court documents.
Then on June 13, Smith allegedly exposed himself to Kaylie Kaylor, Majorjon's wife, and their daughters.
An argument broke out between the Guardipees and Kaylors on Father's Day, the affidavit reads.
Kaylie Kaylor "appeared concerned that there would be no consequences" for Smith from police or his grandparents. Then the violence broke out, according to court documents.
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She and her husband allegedly discussed what to do and shared an image of Gary Plauche, who gunned down the suspect accused of kidnapping and raping his child in 1984.
Kaylor could face up to life in prison without parole if convicted. He was being held without bond and is due back in court on July 3.
Supporters of the Guardipee family have set up a GoFundMe campaign to cover funeral expenses.
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